Are adjudicatory deliberations exempt from the Open Meeting Law?
Only for those agencies expressly so exempted. Section 67-2342 (2) excludes the deliberations of certain agencies (the Board of Tax Appeals, the Public Utilities Commission and the Industrial Commission), in fully submitted adjudicatory proceedings, from the requirement of open public meeting. In creating this exemption for adjudicatory deliberations by only these three agencies, it appears the legislature intended that non-adjudicatory deliberations at these agencies, and all deliberations at all other agencies — i.e. except for the above-described informal or impromptu discussions of a general nature — must be conducted in a public meeting. Of course, the subject matter under adjudication may be separately identified under the Open Meeting Law as justifying a closed executive session.
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