001. In order to avoid all possibilities of prejudice, real or apparent, to the public interest and persons involved in proceedings pending before the Agency, the following rules of ethics shall be observed after the initiation of hearing proceedings:
001.01. The Director and members of the Agency shall not submit, and any other parties at an adjudicatory hearing are requested not to submit any ex parte, off-the-record communication to the Director, or to the Agency staff, or to the Hearing Examiner, about any matter in issue in an adjudicatory proceeding; and the Director, the Agency staff participating in the proceeding; and the Hearing Examiner shall not request or entertain any such ex parte, off-the-record communication.
001.02. All communications prohibited by 001.01 above, shall be reported immediately to the Hearing Examiner who shall place the communication or a memorandum thereof in public files associated with the case, but separate from the record material upon which the Agency will rely in reaching a decision. The Hearing Examiner shall take such additional action as he deems advisable which may include recommending entry of a default on the part of the party guilty of the malfeasance.
001.03. The Director and members of the Agency staff shall not offer opinions about any matter in issue in an adjudicatory proceeding to any other party thereto or such party’s attorneys, at any time after hearing proceedings have been initiated.
001.04. The Director and members of the Agency shall not submit, and any other parties are requested not to submit, any comments to news media concerning cases presently the subject of an adjudicatory hearing, or cases being tried in court, or an appeal from either.
Enabling Legislation: Neb. Rev. Stat. §§ 49-14,101 (Reissue 1978)
Legal Citation: Chapter 13, Title 116, Nebraska Department of Environmental Control