reglab/statecodes huggingface dataset:
Nebraska Administrative Code › Topic - LIQUOR CONTROL COMMISSION › Title 237 - Nebraska Liquor Control Commission › Chapter 14 - MINIMUM STANDARDS FOR ALCOHOLIC SERVER TRAINING PROGRAMS › Section 237-14-004 - TERM OF CERTIFICATION

Current through June 17, 2024
004.01
				Certification of servers/managers shall be valid for a maximum of three years.
Recertification shall consist of the same elements of any
				  other program approved by the Commission.
Certified trainers shall provide to the Commission for each
				  individual wishing to be documented as a certified server/manger the
				  following:
004.01A Documentation of
				the date of the trainee's attendance
004.01B Documentation of a satisfactory test
				score
004.01C A fee of fifteen
				dollars $ 15.00 per trainee. This fee shall be used to maintain a list of
				certified servers and managers and to support the Commission's own online
				program.
Nebraska Administrative Code › Topic - LIQUOR CONTROL COMMISSION › Title 237 - Nebraska Liquor Control Commission › Chapter 15 - Requirements for Cigar Shop Certification › Section 237-15-001 - Cigar Shop

Current through June 17, 2024
001.01 Cigar - shop
				means an establishment operated by a holder of a Class C liquor license which:
001.01A Does not sell food.
001.01B Annually receives ten percent or more
				of its gross revenues from the sale of cigars and other tobacco products and
				tobacco-related products.
001.01B1 Cigar is
				defined as any roll of tobacco wrapped in leaf tobacco or in any substance
				containing tobacco, other than any roll of tobacco which is a cigarette as
				defined in Neb. Rev. Stat. §
											69-2702.
001.01B2 Other tobacco products shall
				include, any tobacco, other than cigarettes, intended for consumption by
				smoking, chewing, or snuff.
001.01B3 Tobacco related products shall
				include, lighters, and lighter supplies (fluid, flints, wicks, etc.) cigar
				humidors, cigar cutters, cigar punches, tobacco pipes, tobacco jars, tobacco
				pouches, ashtrays, and other non cigarette related smoking
				paraphernalia.
001.01C
				Has a walk-in humidor on the licensed premise. A walk-in humidor shall mean a
				separate room or enclosure with a door that has the necessary mechanical
				devices to maintain the humidity and temperature at the appropriate level to
				store and display cigars. The room shall be large enough to allow two or more
				adults the ability to enter the humidor and to retail display the cigars and
				other tobacco products.
001.01D
				Does not permit the smoking of cigarettes.
001.01E A sign shall be posted on all
				entrances to the business, on the outside of each door, in a conspicuous
				location slightly above or next to the door with the following statement:
				"SMOKING OF CIGARS AND PIPES IS ALLOWED INSIDE THIS BUSINESS. SMOKING OF
				CIGARETTES IS NOT ALLOWED."
Nebraska Administrative Code › Topic - LIQUOR CONTROL COMMISSION › Title 237 - Nebraska Liquor Control Commission › Chapter 15 - Requirements for Cigar Shop Certification › Section 237-15-002 - Application for Cigar Shop Certification

Current through June 17, 2024
002.01 Any one
				desiring a cigar shop certification shall file an application for such on a
				form adopted by the Commission.
002.02 Such applicant shall either be a
				current holder of a Class C Liquor License or have an application for a Class C
				Liquor License on file with the Commission.
Nebraska Administrative Code › Topic - LIQUOR CONTROL COMMISSION › Title 237 - Nebraska Liquor Control Commission › Chapter 15 - Requirements for Cigar Shop Certification › Section 237-15-003 - Enforcement

Current through June 17, 2024
003.01 The holder of a cigar bar- shop
				certification shall file quarterly reports with the Commission showing revenue
				received from the sale of cigars or other tobacco related products other than
				cigarettes on forms approved by the Commission. Such reporting dates shall be
				January 31st, April 30th, July 31st, and October 31st. Tax reports must be
				filed within 30 days from reporting date.
003.02 After at least one complete year of
				successful filings, the reports shall be filed on an annual basis. Said annual
				reports must be filed on or before October 31st.
003.03 The holder of a cigar bar- shop
				certification shall be subject to unannounced audits and or inspections by the
				Commission and failure to comply with said audit or inspection may result in
				suspension, cancellation or revocation of the liquor license as well as
				termination of the cigar bar- shop certification.
003.04 Failure to comply with any provisions
				of these rules or falsification of any of the required documents may result in
				the suspension, cancellation or revocation of the liquor license of the
				certification holder. The Certification may also be terminated.
Nebraska Administrative Code › Topic - LIQUOR CONTROL COMMISSION › Title 237 - Nebraska Liquor Control Commission › Chapter 16 - REQUIREMENTS FOR WHOLESALERS AND SHIPPERS › Section 237-16-001 - MANDATORY ACH RULE

Current through June 17, 2024
001.01 All industry
				members or licensees other than a holder of a S1 (Direct Shipper) License under
				the Nebraska Liquor Control Act required to submit state excise taxes levied on
				alcoholic beverages as set forth in statutes
				53-160
				&
				53-164 shall
				remit by means of automated clearinghouse (ACH) credit. The Commission will
				provide all necessary forms and information to licensees to enable the process.
				Under any unforeseen circumstances, the Commission reserves the right to make
				any exceptions to the ACH requirements.
Nebraska Administrative Code › Topic - MOTOR VEHICLE INDUSTRY LICENSING BOARD › Title 253 - MOTOR VEHICLE INDUSTRY LICENSING BOARD › Chapter 1 - ORGANIZATION › Section 253-1-002 - Regular Meetings

Current through June 17, 2024
The Board's regular meetings shall be held monthly, at a date to be determined by the Board at the last prior meeting, unless a majority of the Board members vote not to hold a meeting during a particular month. Any meeting may be continued from time to time as required by the business before the Board, upon the vote of a majority of the members.
Nebraska Administrative Code › Topic - MOTOR VEHICLE INDUSTRY LICENSING BOARD › Title 253 - MOTOR VEHICLE INDUSTRY LICENSING BOARD › Chapter 1 - ORGANIZATION › Section 253-1-003 - Special Meetings

Current through June 17, 2024
Special meetings may be held on any date or time, upon the call of the Board Chairman or the written request of two Board Members, through the Executive Secretary, by notice given to the Board Members at least 48 hours prior to the time the meeting is to be held. Such notice will be given to the Board Members by letter, telephone or telegraph.
Nebraska Administrative Code › Topic - MOTOR VEHICLE INDUSTRY LICENSING BOARD › Title 253 - MOTOR VEHICLE INDUSTRY LICENSING BOARD › Chapter 1 - ORGANIZATION › Section 253-1-004 - Board Quorum

Current through June 17, 2024
A quorum consisting of a simple majority of the Board Members will be required to constitute an official Board Meeting. Minutes of the meeting shall be recorded, published and kept by the Executive Secretary of the Board.
Nebraska Administrative Code › Topic - MOTOR VEHICLE INDUSTRY LICENSING BOARD › Title 253 - MOTOR VEHICLE INDUSTRY LICENSING BOARD › Chapter 1 - ORGANIZATION › Section 253-1-006 - Executive Secretary

Current through June 17, 2024
The Executive Secretary of the Board shall be in charge of the Board's office and shall conduct and direct the activities thereof in a manner as directed by the Board. The Executive Secretary shall be accountable and responsible directly to the Board. The field and office staffs of the Board shall be under the supervision and direction of the Executive Secretary and shall be accountable and responsible directly to the Executive Secretary. Employment, transfer, and separation of all Board Employees shall be referred to the Board for approval.
Nebraska Administrative Code › Topic - MOTOR VEHICLE INDUSTRY LICENSING BOARD › Title 253 - MOTOR VEHICLE INDUSTRY LICENSING BOARD › Chapter 1 - ORGANIZATION › Section 253-1-007 - Officers

Current through June 17, 2024
The Board shall annually, at its December meeting, elect a first vice-chairman and a second vice-chairman. The chairman shall preside at all meetings, and in his absence his duties shall devolve upon the first vice-chairman, and in his absence upon the second vice-chairman. In the event that the chairman, first vice-chairman, and second vice-chairman are absent, the remaining members, if they constitute a quorum, shall select a temporary chairman and proceed with the business of the Board.
Nebraska Administrative Code › Topic - MOTOR VEHICLE INDUSTRY LICENSING BOARD › Title 253 - MOTOR VEHICLE INDUSTRY LICENSING BOARD › Chapter 2 - ISSUANCE OF LICENSES › Section 253-2-001 - Delegation of Responsibility

Current through June 17, 2024
It shall be the responsibility of the Board to approve or deny the issuance of licenses under Chapter 60, Article 14, R.R.S., 1943, as amended. However, the Board reserves the right, at its discretion, to delegate, the administrative purposes, any part thereof to the Executive Secretary in such cases where, in the opinion of the Board, the matter will be handled more expeditiously in this manner. Applications for renewal of licenses shall be filed not later than December 31 of each year.
Nebraska Administrative Code › Topic - MOTOR VEHICLE INDUSTRY LICENSING BOARD › Title 253 - MOTOR VEHICLE INDUSTRY LICENSING BOARD › Chapter 2 - ISSUANCE OF LICENSES › Section 253-2-002 - Photograph of Facilities

Current through June 17, 2024
An applicant for an initial dealer license from the Board shall provide a photograph of the building facilities of the business, which photograph shall show clearly the required sign installed as a part of the photograph of the building facilities. In such cases where the facilities of the established place of business of the dealer applicant appear to be inadequate or substandard such applicant may be required to appear before the Board in person for the purpose of determination of issuance or denial of the license by the Board.
Nebraska Administrative Code › Topic - MOTOR VEHICLE INDUSTRY LICENSING BOARD › Title 253 - MOTOR VEHICLE INDUSTRY LICENSING BOARD › Chapter 3 - ESTABLISHED PLACE OF BUSINESS › Section 253-3-001 - Dealership Sign

Current through June 17, 2024
With reference to Section 60-1401.02(25)  R.R.S., 1943, as amended, pertaining to the required sign of an established place of business, such sign shall be permanent in nature, installed to be readily visible from the principal avenue of traffic and embody a designation so as to clearly identify the type of business for which the license is granted.
Nebraska Administrative Code › Topic - MOTOR VEHICLE INDUSTRY LICENSING BOARD › Title 253 - MOTOR VEHICLE INDUSTRY LICENSING BOARD › Chapter 3 - ESTABLISHED PLACE OF BUSINESS › Section 253-3-002 - One Dealer Per Location

Current through June 17, 2024
It shall be unlawful for more than one separately owned retail dealership, under the jurisdiction of Sections 60-1401.01 to 60-1435, R.R.S., 1943, as amended, to be located at the same address location.
Nebraska Administrative Code › Topic - MOTOR VEHICLE INDUSTRY LICENSING BOARD › Title 253 - MOTOR VEHICLE INDUSTRY LICENSING BOARD › Chapter 3 - ESTABLISHED PLACE OF BUSINESS › Section 253-3-003 - Not Where Alcoholic Beverage Sold

Current through June 17, 2024
It shall be unlawful for a dealer license holder to have such established place of business in the same business facilities where alcoholic beverages are dispensed or sold.
Nebraska Administrative Code › Topic - MOTOR VEHICLE INDUSTRY LICENSING BOARD › Title 253 - MOTOR VEHICLE INDUSTRY LICENSING BOARD › Chapter 3 - ESTABLISHED PLACE OF BUSINESS › Section 253-3-004 - Oil Company Agreements

Current through June 17, 2024
When the premises for which a license is sought are owned by a company engaged in the wholesale distribution of gasoline, the applicant shall submit a statement signed by an authorized representative or the owner of said premises approving the use of said premises for the sale of motor vehicles and, or trailers.
Nebraska Administrative Code › Topic - MOTOR VEHICLE INDUSTRY LICENSING BOARD › Title 253 - MOTOR VEHICLE INDUSTRY LICENSING BOARD › Chapter 4 - SALESMEN & REPRESENTATIVES › Section 253-4-001 - Dealers

Current through June 17, 2024
Manufacturers and distributors shall be responsible for the actions of their salesmen and representatives, and any violation of Chapter 60, Article 14, R.R.S., 1943, as amended, or of these rules and regulations, by a salesman or representative shall be deemed a violation by the respective employing dealer, manufacturer, or distributor.
Nebraska Administrative Code › Topic - MOTOR VEHICLE INDUSTRY LICENSING BOARD › Title 253 - MOTOR VEHICLE INDUSTRY LICENSING BOARD › Chapter 4 - SALESMEN & REPRESENTATIVES › Section 253-4-002 - Pocket Card

Current through June 17, 2024
A licensed motor vehicle or trailer sales man, factory representative, and distributor representative is required to carry on his person at all times the respective salesman, factory representative and distributor representative pocket card issued in accordance with Section 60-1410, R.R.S., 1943, as amended.
Nebraska Administrative Code › Topic - MOTOR VEHICLE INDUSTRY LICENSING BOARD › Title 253 - MOTOR VEHICLE INDUSTRY LICENSING BOARD › Chapter 5 - USE OF DEALER PLATES › Section 253-5-001 - Responsibility of Licensee

Current through June 17, 2024
It shall be the responsibility of a licensed person, firm co-partnership, association, or corporation entitled to the purchase of dealer plates under Sections 60-320, and 60-322 R.R.S., 1943, as amended, for the proper use of dealer plates issued or assigned to such person, firm co-partnership, association, or corporation under said Sections 60-320 and 60-322.
Nebraska Administrative Code › Topic - MOTOR VEHICLE INDUSTRY LICENSING BOARD › Title 253 - MOTOR VEHICLE INDUSTRY LICENSING BOARD › Chapter 5 - USE OF DEALER PLATES › Section 253-5-002 - Definition of Dealer for the purpose of dealer plate usage

Current through June 17, 2024
A dealer is a proprietor, partner, corporation officer or owner who is actively engaged in the operation of a licensed dealership and who does not rely on another employment or business pursuit for a substantial degree of his or her total income.
Nebraska Administrative Code › Topic - MOTOR VEHICLE INDUSTRY LICENSING BOARD › Title 253 - MOTOR VEHICLE INDUSTRY LICENSING BOARD › Chapter 5 - USE OF DEALER PLATES › Section 253-5-003 - Definition of bona fide employee for the purpose of dealer plate usage

Current through June 17, 2024
A bona fide employee of a licensed dealership is an individual who is:
(1) licensed as a salesman for the dealership,
(2) receives more than half of his total income from said dealership, excluding investment, retirement, pension, social security benefits income of payments and,
(3) associated in the regular conduct of the dealership business with regular and reasonable amount of time spent in his or her employment with said dealership.
Nebraska Administrative Code › Topic - MOTOR VEHICLE INDUSTRY LICENSING BOARD › Title 253 - MOTOR VEHICLE INDUSTRY LICENSING BOARD › Chapter 6 - SALES INSTRUMENT › Section 253-6-001 - Clarifications & Interpretations

Current through June 17, 2024
In order to clarify certain language of Section 60-1417, R.R.S., 1943, as amended, and to provide clear instructions in line with automotive and trailer industry practices the following interpretations are declared:
001.01 Where "year of model" and "year and model" appears, this shall be construed to mean "make, year, model, and body type, where applicable".
001.02 Where reference is made to "serial number " this shall also be construed to mean "identification number".
Nebraska Administrative Code › Topic - MOTOR VEHICLE INDUSTRY LICENSING BOARD › Title 253 - MOTOR VEHICLE INDUSTRY LICENSING BOARD › Chapter 7 - SEVERANCE CLAUSE › Section 253-7-001 - Void & Non-enforceable

Current through June 17, 2024
If any section, subdivision, or clause in these Rules and Regulations, for any reason, be held void or non-enforceable, such decision shall in no way affect the validity or enforceability or any other part or parts of these Rules and Regulations.
Nebraska Administrative Code › Topic - MOTOR VEHICLE INDUSTRY LICENSING BOARD › Title 253 - MOTOR VEHICLE INDUSTRY LICENSING BOARD › Chapter 8 - PRACTICE BEFORE THE BOARD › Section 253-8-001 - Scope and Application

Current through June 17, 2024
These rules govern practice and procedure before the Motor Vehicle Industry Licensing Board unless otherwise specifically directed by the Board in any proceeding. Practice and procedure before this Board is also governed by the applicable Revised Statutes of Nebraska and the decisions of the Nebraska Supreme Court. In the absence of a specific rule or order of the Board, the statutory rules and practice obtaining in proceedings in the District Courts of the State shall be applicable, including provisions as to depositions, discovery, and pre-hearing conferences.
Nebraska Administrative Code › Topic - MOTOR VEHICLE INDUSTRY LICENSING BOARD › Title 253 - MOTOR VEHICLE INDUSTRY LICENSING BOARD › Chapter 8 - PRACTICE BEFORE THE BOARD › Section 253-8-002 - Promulgation, Amendment, or Repeal of Rules and Regulations

Current through June 17, 2024
An application for the promulgation, amendment, or repeal of any Board rule or regulation shall state the precise wording of the proposed rule or addition, or the precise wording of the present regulation to be deleted or repealed, and shall state briefly the reasons for such promulgation, amendment, or repeal. All such requests will be considered and acted upon by the Board on or about July 1 and January 1 of each year, in the manner provided by Statute.
Nebraska Administrative Code › Topic - MOTOR VEHICLE INDUSTRY LICENSING BOARD › Title 253 - MOTOR VEHICLE INDUSTRY LICENSING BOARD › Chapter 8 - PRACTICE BEFORE THE BOARD › Section 253-8-003 - Applicability of Rules; Declaratory Rulings

Current through June 17, 2024
Any person desiring to obtain a declaratory ruling with respect to the applicability to any person, property, or state of facts of any rule or statute enforceable by a rule shall file a petition with the Board, which petition shall set forth the rule or statute in question and shall clearly state the rights, status, or other legal relations, a determination of which is sought, and the grounds for the petitioner's position with reference thereto.
Nebraska Administrative Code › Topic - MOTOR VEHICLE INDUSTRY LICENSING BOARD › Title 253 - MOTOR VEHICLE INDUSTRY LICENSING BOARD › Chapter 8 - PRACTICE BEFORE THE BOARD › Section 253-8-004 - Communications

Current through June 17, 2024
All correspondence should be addressed to the Motor Vehicle Industry Licensing Board, State Capitol Building, Lincoln, Nebraska. Each piece of correspondence shall embrace only one subject, should clearly state the file number of the proceeding involved, and shall include the number and address of the sender.
Nebraska Administrative Code › Topic - MOTOR VEHICLE INDUSTRY LICENSING BOARD › Title 253 - MOTOR VEHICLE INDUSTRY LICENSING BOARD › Chapter 8 - PRACTICE BEFORE THE BOARD › Section 253-8-005 - Office

Current through June 17, 2024
The Board office is located at Nebraska State Office Building, 301 Centennial Mall South, Lincoln, Nebraska, 68509. Office hours are from 8:00 a.m. to 12:00 noon and 1:00 p.m. to 5:00 p.m., Monday through Friday. Board files are located in the office, and are public records open to examination. When the filing of a pleading or the doing of any act is required on or before a given date which falls on Saturday, Sunday, or any legal holiday on which the Board offices are closed, the pleading or act need not be filed nor done until the next succeeding working day.
Nebraska Administrative Code › Topic - MOTOR VEHICLE INDUSTRY LICENSING BOARD › Title 253 - MOTOR VEHICLE INDUSTRY LICENSING BOARD › Chapter 8 - PRACTICE BEFORE THE BOARD › Section 253-8-006 - Definitions

Current through June 17, 2024
As used in this chapter, unless the context otherwise requires:
006.01 Pleading shall mean any written applications, petition, protest, complaint, answer, or motion used in any proceeding before the Board.
006.02 Proceeding shall mean an application for any right which the Board is empowered to grant, or a formal complaint, or an investigation instituted on motion of the Board.
Nebraska Administrative Code › Topic - MOTOR VEHICLE INDUSTRY LICENSING BOARD › Title 253 - MOTOR VEHICLE INDUSTRY LICENSING BOARD › Chapter 9 - PARTIES TO PROCEEDINGS › Section 253-9-001 - Parties Classified

Current through June 17, 2024
Parties to a proceeding are:
001.01 Applicants
In proceedings involving applications for authority or permission which the Board is empowered to grant or deny, the parties on whose behalf the applications are made are termed applicants.
001.02 Board Staff
Persons who appear in a proceeding by virtue of their Board employment are Board Staff.
001.03 Complainants
Persons filing a complaint with the Board of any violation subject to the jurisdiction of the Board are complainants.
001.04 Defendants
Persons within the jurisdiction of the Board against whom any complaint is filed are defendants.
001.05 Protestants
Persons objecting to the granting of an application are protestants.
001.06 Respondents
Persons ordered by the Board to appear in a proceeding are respondents.
Nebraska Administrative Code › Topic - MOTOR VEHICLE INDUSTRY LICENSING BOARD › Title 253 - MOTOR VEHICLE INDUSTRY LICENSING BOARD › Chapter 10 - APPLICATIONS › Section 253-10-002 - Form

Current through June 17, 2024
If the Board has prescribed official forms in Rule 15, they shall be used as specified. Except as otherwise provided in Rule 15, a formal application shall show the venue "BEFORE THE NEBRASKA MOTOR VEHICLE INDUSTRY LICENSING BOARD", shall be entitled, "in the Matter of the Application of" (specifying the name of the applicant and the subject matter), and shall be designated in the heading as an "Application". All applications shall set forth the facts on which the application is based, a request for whatever Board action is being sought, and a reference to the applicable laws, rules and regulations. The applications shall contain such further statements as may be required by any provision of law. The application shall be signed by the applicant, or by a duly authorized officer of the applicant, if it be a corporation or organization, or for the applicant by his attorney.
Nebraska Administrative Code › Topic - MOTOR VEHICLE INDUSTRY LICENSING BOARD › Title 253 - MOTOR VEHICLE INDUSTRY LICENSING BOARD › Chapter 10 - APPLICATIONS › Section 253-10-003 - Protests

Current through June 17, 2024
Except as provided in Rule 10-004, a protest against the granting of an application shall set forth specifically the grounds upon which it is made; shall contain a concise statement of the interest of protestant in the proceedings; shall be signed by the protestant, or by a duly authorized officer of the protestant, if it be a corporation or organization, or for the protestant by its attorney; shall be filed with the Board on or before the seventh day prior to the date of the hearing; and shall show service of a copy thereof on the applicant and his attorney, if known.
Nebraska Administrative Code › Topic - MOTOR VEHICLE INDUSTRY LICENSING BOARD › Title 253 - MOTOR VEHICLE INDUSTRY LICENSING BOARD › Chapter 10 - APPLICATIONS › Section 253-10-004 - Informal Protests

Current through June 17, 2024
Any individual may appear at a hearing on his own behalf as a protestant, and may participate by making a statement for the record only, without meeting the requirements of Rule 10-003.
Nebraska Administrative Code › Topic - MOTOR VEHICLE INDUSTRY LICENSING BOARD › Title 253 - MOTOR VEHICLE INDUSTRY LICENSING BOARD › Chapter 10 - APPLICATIONS › Section 253-10-005 - Order for Respondents to Appear

Current through June 17, 2024
The Board may by order ask any person, subject to its jurisdiction, to appear as respondent in an application proceeding. This order shall name those persons to appear as respondents, shall state the purpose or scope of their appearance, shall state the time and place of the hearing, and shall be served on respondents either by Certified mail, return receipt requested, or personally by an employee of the Board or any officer authorized by law to serve process of the District Courts.
Nebraska Administrative Code › Topic - MOTOR VEHICLE INDUSTRY LICENSING BOARD › Title 253 - MOTOR VEHICLE INDUSTRY LICENSING BOARD › Chapter 10 - APPLICATIONS › Section 253-10-006 - Order of Evidence

Current through June 17, 2024
Evidence will ordinarily be received in the following order:
(1) applicants;
(2) protestants;
(3) Board Staff; and
(4) rebuttal by applicants.
Nebraska Administrative Code › Topic - MOTOR VEHICLE INDUSTRY LICENSING BOARD › Title 253 - MOTOR VEHICLE INDUSTRY LICENSING BOARD › Chapter 10 - APPLICATIONS › Section 253-10-008 - Subsequent Applications

Current through June 17, 2024
When any application has been denied in whole or in part, a subsequent application covering substantially the same subject matter will not be considered by the Board within 90 days from the date of the final denial in whole or in part of the previous application, except for good cause shown.
Nebraska Administrative Code › Topic - MOTOR VEHICLE INDUSTRY LICENSING BOARD › Title 253 - MOTOR VEHICLE INDUSTRY LICENSING BOARD › Chapter 10 - APPLICATIONS › Section 253-10-009 - Special Permits

Current through June 17, 2024
Applications for special permits pursuant to Section 60-1407.03, Revised Statutes Supplement, 1972, shall be filed at least ten days prior to a regularly scheduled meeting of the Board, to be considered at that meeting. Hearings shall not be required on such applications unless the Executive Secretary determines a hearing would be advisable in a particular case, in which event he shall furnish notice to the applicant at least five days in advance of the hearing.
Applications for special permits shall conform to Rule 10-(2), and shall also include (1) the names of the sponsors of the event for which a permit is sought, (2) the specific location of the event, (3) the dates for which the permit if sought, (4) the basic purpose of the event, (5) and if the applicant is a non-resident dealer, certification from the appropriate licensing authority that such dealer is properly licensed in his state of residence.
Nebraska Administrative Code › Topic - MOTOR VEHICLE INDUSTRY LICENSING BOARD › Title 253 - MOTOR VEHICLE INDUSTRY LICENSING BOARD › Chapter 11 - COMPLAINTS › Section 253-11-001 - Form of Complaints

Current through June 17, 2024
Complaints may be formal or informal. A formal complaint must follow the format set out in Rule 11-003 below. Informal complaints should be in the form set out in 11-007 below.
Nebraska Administrative Code › Topic - MOTOR VEHICLE INDUSTRY LICENSING BOARD › Title 253 - MOTOR VEHICLE INDUSTRY LICENSING BOARD › Chapter 11 - COMPLAINTS › Section 253-11-003 - Form

Current through June 17, 2024
A complaint of any violation subject to the jurisdiction of the Board may be filed by any person, organization or corporation. Each complaint shall show the venue "BEFORE THE NEBRASKA MOTOR VEHICLE INDUSTRY LICENSING BOARD"; shall contain a heading showing the name of the complainant and the name of the defendant; shall specifically advise the defendant of the alleged violations; shall concisely set forth all material facts upon which the complaint is based; and shall be subscribed and verified by at least one complainant, or by a duly authorized officer of the complainant if it be a corporation or organization, or for the complainant by his attorney.
Nebraska Administrative Code › Topic - MOTOR VEHICLE INDUSTRY LICENSING BOARD › Title 253 - MOTOR VEHICLE INDUSTRY LICENSING BOARD › Chapter 11 - COMPLAINTS › Section 253-11-004 - Copies and Service

Current through June 17, 2024
Every formal complaint must be accompanied by copies sufficient in number to serve one to each defendant and retain an original and five copies for its own use. The Board shall serve the complaint on each defendant in the manner required by law. One copy is sufficient in the case of an informal complaint.
Nebraska Administrative Code › Topic - MOTOR VEHICLE INDUSTRY LICENSING BOARD › Title 253 - MOTOR VEHICLE INDUSTRY LICENSING BOARD › Chapter 11 - COMPLAINTS › Section 253-11-005 - Satisfaction of Complaint

Current through June 17, 2024
A statement of satisfaction may be filed by the defendant if he desires to satisfy the complaint. Such statement shall state the satisfaction which the defendant is willing to give, shall be filed within ten days of the mailing of the complaint, shall be subscribed and verified in the same manner as a complaint, shall include sufficient copies to provide one copy for each party and an original and five copies for the Board. The Board shall immediately forward a copy thereof to each complainant, either by certified mail or by personal service. Within five days of receipt of statement of satisfaction, the complainant shall notify the Board in writing whether the satisfaction meets the complaint. If the complainant so notifies the Board that the satisfaction does not meet the complaint, the Board shall give written notice to the defendant to answer. Otherwise the Board shall in its sole and absolute discretion determine whether to dismiss or notify the defendant to answer.
Nebraska Administrative Code › Topic - MOTOR VEHICLE INDUSTRY LICENSING BOARD › Title 253 - MOTOR VEHICLE INDUSTRY LICENSING BOARD › Chapter 11 - COMPLAINTS › Section 253-11-006 - Answers

Current through June 17, 2024
The caption of an answer shall be the same as that of the complaint, except that it shall contain the word "ANSWER". An answer shall completely advise all parties as to the nature of the defense, shall specifically admit or deny each material allegation of the pleading being answered, and shall be subscribed and verified by the defendant, or by a duly authorized officer of the defendant if it be a corporation or organization, or for the defendant by his attorney. Unless otherwise ordered by the Board, answer day shall be twenty days from the date of service of the complaint by the Board.
Nebraska Administrative Code › Topic - MOTOR VEHICLE INDUSTRY LICENSING BOARD › Title 253 - MOTOR VEHICLE INDUSTRY LICENSING BOARD › Chapter 11 - COMPLAINTS › Section 253-11-007 - Informal Complaints

Current through June 17, 2024
Any person may informally complain with respect to any matter within the jurisdiction of the Board by letter or other writing addressed to the Board, setting forth his name and address and that of any person or persons complained of and concise statement of the allegations with respect to which the complaint is made. An informal complaint is without prejudice to the right to file a formal complaint with reference to same subject matter. Upon the receipt of an informal complaint, the Executive Secretary is authorized to cause a preliminary investigation by the Staff acting under his direction and to endeavor, by correspondence or conference, to adjust the complaint to the mutual satisfaction of the parties.
Nebraska Administrative Code › Topic - MOTOR VEHICLE INDUSTRY LICENSING BOARD › Title 253 - MOTOR VEHICLE INDUSTRY LICENSING BOARD › Chapter 11 - COMPLAINTS › Section 253-11-008 - Order of Evidence

Current through June 17, 2024
Evidence will ordinarily be received in the following order:
(1) Complainant;
(2) Defendant; and
(3) Rebuttal by Complainant.
Nebraska Administrative Code › Topic - MOTOR VEHICLE INDUSTRY LICENSING BOARD › Title 253 - MOTOR VEHICLE INDUSTRY LICENSING BOARD › Chapter 12 - BOARD INVESTIGATION › Section 253-12-003 - Order for Respondents to Appear

Current through June 17, 2024
The Board may by order ask any person to appear as respondent in an investigation proceeding. This order shall name those persons to appear as respondents, shall state the purpose of scope of their appearance, shall state the time and place of the hearing, and shall be served on respondents either by Certified mail, return receipt requested, or personally by an employee of the Board or any officer authorized by law to serve process of the District Courts.
Nebraska Administrative Code › Topic - MOTOR VEHICLE INDUSTRY LICENSING BOARD › Title 253 - MOTOR VEHICLE INDUSTRY LICENSING BOARD › Chapter 12 - BOARD INVESTIGATION › Section 253-12-004 - Evidence

Current through June 17, 2024
The evidentiary provisions of Chapter 14 shall also apply to investigation proceedings. The Board may, through its staff or otherwise, secure and present such evidence as it may consider necessary or desirable in any investigation proceedings, in addition to the evidence presented by respondents. Evidence will ordinarily be received in the following order:
(1) Board Staff,
(2) Respondents, and
(3) Rebuttal by Board Staff.
Nebraska Administrative Code › Topic - MOTOR VEHICLE INDUSTRY LICENSING BOARD › Title 253 - MOTOR VEHICLE INDUSTRY LICENSING BOARD › Chapter 13 - PROCEDURE › Section 253-13-002 - Filing and Withdrawal of Pleadings, Motions and Exceptions

Current through June 17, 2024
Unless otherwise provided in Rules 11-004, 11-005 and 15-001 the original and one copy of all pleadings, motions and exceptions will be filed with the Board. The original copy shall be accompanied by a certificate showing service thereof on all parties to the proceedings or their attorneys and the date of service. Such service shall be made by delivery in person or by Certified mail, properly addressed with charges prepaid, one copy to each party. Any party making a filing with the Board may not withdraw the filing without Board approval.
Nebraska Administrative Code › Topic - MOTOR VEHICLE INDUSTRY LICENSING BOARD › Title 253 - MOTOR VEHICLE INDUSTRY LICENSING BOARD › Chapter 13 - PROCEDURE › Section 253-13-003 - Receipt for Filing Pleadings, Motions, and Exceptions

Current through June 17, 2024
If a receipt for filing of any pleading, document or paper is desired, letters of transmittal shall be sent in duplicate to the Board. One copy showing date of receipt will be returned to the sender.
Nebraska Administrative Code › Topic - MOTOR VEHICLE INDUSTRY LICENSING BOARD › Title 253 - MOTOR VEHICLE INDUSTRY LICENSING BOARD › Chapter 13 - PROCEDURE › Section 253-13-004 - Continuances

Current through June 17, 2024
Any party who desires a continuance shall, immediately upon receipt of notice of hearing, or as soon thereafter as facts requiring such continuance come to his knowledge, notify the Board in writing, by letter or telegram of said desire, stating in detail the reasons why such continuance is necessary. Any such party may be required to submit affidavits in support of such requests. For good cause shown, the Board or its Executive Secretary, may grant such a continuance and may at any time order a continuance on its own motion. Only under exceptional circumstances will requests for continuance of a hearing be considered unless submitted on or before the seventh day prior to the hearing date.
Nebraska Administrative Code › Topic - MOTOR VEHICLE INDUSTRY LICENSING BOARD › Title 253 - MOTOR VEHICLE INDUSTRY LICENSING BOARD › Chapter 13 - PROCEDURE › Section 253-13-006 - Conduct of Hearings

Current through June 17, 2024
Hearings will be conducted by the Board, which, among other things, will open the proceedings; enter into the record the notice of hearing; take appearances; act on pleadings not previously filed; hear the evidence in the order provided in Rules 10-006, 11-008, and 12-004; rule on motions and objections; interrogate any witnesses; and close the proceedings.
Nebraska Administrative Code › Topic - MOTOR VEHICLE INDUSTRY LICENSING BOARD › Title 253 - MOTOR VEHICLE INDUSTRY LICENSING BOARD › Chapter 13 - PROCEDURE › Section 253-13-007 - Appearances

Current through June 17, 2024
Any individual may appear on his own behalf before the Board. An individual may appear on behalf of another only if,
007.01 he is admitted to practice law before the Nebraska Supreme Court, or
007.02 he is admitted to practice law before the supreme court of any state and is accompanied by a person admitted to practice law before the Nebraska Supreme Court.
Nebraska Administrative Code › Topic - MOTOR VEHICLE INDUSTRY LICENSING BOARD › Title 253 - MOTOR VEHICLE INDUSTRY LICENSING BOARD › Chapter 13 - PROCEDURE › Section 253-13-008 - Briefs

Current through June 17, 2024
Submission of briefs may be required by the Board. Any party desiring to submit a brief may do so by indicating such desire at the close of the hearing. The time in which briefs shall be filed and the number of copies required will be fixed at the close of the hearing by the presiding Board Member.
Nebraska Administrative Code › Topic - MOTOR VEHICLE INDUSTRY LICENSING BOARD › Title 253 - MOTOR VEHICLE INDUSTRY LICENSING BOARD › Chapter 13 - PROCEDURE › Section 253-13-010 - Revocation or Suspension; Effective date, Service

Current through June 17, 2024
Any order of suspension or revocation of a license shall be made effective fourteen days after such order has been served upon the licensee. Service shall be made by certified mail, return receipt requested, or personally by an employee of the Board or an officer authorized by law to serve process of the District Courts.
Nebraska Administrative Code › Topic - MOTOR VEHICLE INDUSTRY LICENSING BOARD › Title 253 - MOTOR VEHICLE INDUSTRY LICENSING BOARD › Chapter 13 - PROCEDURE › Section 253-13-011 - Appeals

Current through June 17, 2024
To clarify the provisions of Section 60-1415, R.R.S., 1943, as amended, the ten day period allowed for filing an appeal from an order of the Board shall commence to run on the date of service of the order on the applicant or licensee. In any appeal, service of summons upon the Executive Secretary shall constitute service upon the Board. In any appeal the Board will file with the court a certified transcript of the proceedings. The transcript shall be certified by the reporter and the Executive Secretary.
Nebraska Administrative Code › Topic - MOTOR VEHICLE INDUSTRY LICENSING BOARD › Title 253 - MOTOR VEHICLE INDUSTRY LICENSING BOARD › Chapter 14 - CONTESTED CASES: EVIDENCE › Section 253-14-001 - Contested Cases; Notice of Hearing; Record

Current through June 17, 2024
In any contested case all parties directly interested shall be afforded an opportunity to file pleadings and to be heard after notice, which shall state the time and place of hearing, the issues involved and shall be given at least ten days prior to such hearing. In such hearing formal rules of pleading and evidence need not necessarily be observed; provided, however, the provisions of Section 84-914, R.R.S., 1943, as amended, shall apply. Matters offered into evidence subject to objection under the provisions of said section shall stand as admitted into evidence unless objection thereto is made and sustained. A copy of the official record of hearing, or any part thereof, shall be furnished to any interested party at its expense, upon written request. The Board and interested parties may provide for the payment of the expense of transcribing and copying said official record by agreement. The Board may compensate witnesses which it calls. The compensation, if any, of other witnesses shall be born by the party calling such witnesses. All such hearings shall be open to the public.
Nebraska Administrative Code › Topic - MOTOR VEHICLE INDUSTRY LICENSING BOARD › Title 253 - MOTOR VEHICLE INDUSTRY LICENSING BOARD › Chapter 14 - CONTESTED CASES: EVIDENCE › Section 253-14-002 - Filing and Serving Exhibits Prior to Hearing

Current through June 17, 2024
In any proceeding where detailed or complicated exhibits are to be used, the Board or its staff may require any party to file and serve copies of such exhibits or other necessary information within a specified time in advance of the hearing in order to enable the other parties and the Board staff to study same and prepare cross examination with references thereto.
Nebraska Administrative Code › Topic - MOTOR VEHICLE INDUSTRY LICENSING BOARD › Title 253 - MOTOR VEHICLE INDUSTRY LICENSING BOARD › Chapter 14 - CONTESTED CASES: EVIDENCE › Section 253-14-003 - Copies of Exhibits

Current through June 17, 2024
Parties shall furnish accurate copies of all documentary evidence offered at the hearing to the Official Reporter, the presiding Board Member and all parties to the proceeding.
Nebraska Administrative Code › Topic - MOTOR VEHICLE INDUSTRY LICENSING BOARD › Title 253 - MOTOR VEHICLE INDUSTRY LICENSING BOARD › Chapter 14 - CONTESTED CASES: EVIDENCE › Section 253-14-005 - Stipulations

Current through June 17, 2024
Parties to any proceeding may agree upon any facts involved in the controversy, either by written stipulation entered into the record as an exhibit, or by oral agreement stated on the record; provided, that the Board shall not be irrevocably bound by such stipulation.
Nebraska Administrative Code › Topic - MOTOR VEHICLE INDUSTRY LICENSING BOARD › Title 253 - MOTOR VEHICLE INDUSTRY LICENSING BOARD › Chapter 14 - CONTESTED CASES: EVIDENCE › Section 253-14-007 - Abstracts and Documents

Current through June 17, 2024
When documents are numerous the Board may refuse to receive in evidence more than a limited number alleged and appearing to be representative. The party may be required to abstract in orderly fashion the relevant data from these documents, affording other parties reasonable opportunity to examine both the documents and the abstract and thereupon offer the abstract in evidence in exhibit form.
Nebraska Administrative Code › Topic - MOTOR VEHICLE INDUSTRY LICENSING BOARD › Title 253 - MOTOR VEHICLE INDUSTRY LICENSING BOARD › Chapter 14 - CONTESTED CASES: EVIDENCE › Section 253-14-008 - Material in Books, Papers or Documents

Current through June 17, 2024
Relevant portions of books, papers, or documents, shall be plainly designated and distinguished from all irrelevant portions before the relevant material may be offered into evidence. Where the irrelevant material in the book, paper, or document is voluminous so as to encumber the record, the book, paper or document may be marked for identification and the relevant material read into the record. Upon direction of the presiding Board member, a true copy of the relevant matter may be received as an exhibit, provided that copies are delivered to all parties of record and provided all parties of record are afforded an opportunity to examine the book, paper, or document, and to offer in evidence in like manner other portions thereof, if found to be material and relevant.
Nebraska Administrative Code › Topic - MOTOR VEHICLE INDUSTRY LICENSING BOARD › Title 253 - MOTOR VEHICLE INDUSTRY LICENSING BOARD › Chapter 14 - CONTESTED CASES: EVIDENCE › Section 253-14-010 - Subpoenas

Current through June 17, 2024
Subpoenas requiring the attendance of witnesses will be issued by any member of the Board or the Executive Secretary on written application of any party, or on order of the Board. Subpoenas for the production of papers, books, or documents, unless directed by the Board on its own motion, will be issued only upon application in writing, stating specifically which papers, books, or documents are required and the facts expected to be proved thereby. The subpoena shall be served in the manner provided by law. All parties directed to produce such books, papers, or documents shall furnish and deliver same at the time and place specified by the Board to the Executive Secretary or other designated employee or agent of the Board.
Nebraska Administrative Code › Topic - MOTOR VEHICLE INDUSTRY LICENSING BOARD › Title 253 - MOTOR VEHICLE INDUSTRY LICENSING BOARD › Chapter 14 - CONTESTED CASES: EVIDENCE › Section 253-14-011 - Witness Fee

Current through June 17, 2024
Any witness who is summoned and responds thereto is entitled to the same fee as is paid for like service in the District Courts of Nebraska, such fee to be paid by the party at whose instance the witness's testimony is taken.
Nebraska Administrative Code › Topic - MOTOR VEHICLE INDUSTRY LICENSING BOARD › Title 253 - MOTOR VEHICLE INDUSTRY LICENSING BOARD › Chapter 14 - CONTESTED CASES: EVIDENCE › Section 253-14-012 - Depositions

Current through June 17, 2024
The use of depositions in proceedings before the Board is governed by the Revised Statutes of Nebraska except as hereinafter provided:
012.01 Time for Taking
All depositions within this State shall be taken at least ten days prior to the date of the hearing, and all depositions outside of the State shall be taken at least thirty days prior to the date of the hearing, except for good cause shown in writing.
012.02 Request and Order
A deposition will be taken only on the order of the Board. This order may issue on the Board's own initiative, or on good cause shown in a petition by any party to a proceeding. This petition requesting that a deposition be taken shall be filed with the Board with due regard to the time provisions of Rule 012.01 above; and shall clearly set forth the name and address of the witness, and place where, the time when, and reasons why taken. The Board order that a deposition be taken shall specify the witness whose deposition is to be taken; shall state the time, the place, and the official before whom taken; and shall be served on all parties of record.
Nebraska Administrative Code › Topic - MOTOR VEHICLE INDUSTRY LICENSING BOARD › Title 253 - MOTOR VEHICLE INDUSTRY LICENSING BOARD › Chapter 14 - CONTESTED CASES: EVIDENCE › Section 253-14-013 - Written Interrogatories

Current through June 17, 2024
Parties served with the order for the taking of a deposition may promptly transmit written interrogatories to the hearing officer, who shall propound all proper questions to the witness and record the answers verbatim. These interrogatories need not be served upon the party at whose instance the deposition is taken. No other interrogatories shall be used before the Board.
Nebraska Administrative Code › Topic - MOTOR VEHICLE INDUSTRY LICENSING BOARD › Title 253 - MOTOR VEHICLE INDUSTRY LICENSING BOARD › Chapter 14 - CONTESTED CASES: EVIDENCE › Section 253-14-014 - Filing

Current through June 17, 2024
The officer taking the deposition shall promptly seal the deposition along with all exhibits in an envelope, endorsed with the title of the proceeding, and send same by registered mail to the Executive Secretary of the Board. The deposition shall reach the Board, except for good cause shown, at least five days prior to the date of hearing at which it is to be offered as evidence. The party taking the deposition shall give prompt notice of its filing to all parties of record.
Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 247 - NEBRASKA ADMINISTRATIVE CODE, NEBRASKA DEPARTMENT OF MOTOR VEHICLES › Chapter 1 - NEBRASKA DEPARTMENT OF MOTOR VEHICLES › Section 247-1-001 - SCOPE

Current through June 17, 2024
These rules and regulations govern practice and procedures before the
	 Department of Motor Vehicles of the State of Nebraska pursuant to the
	 administrative license revocation statutes Neb. Rev. Stat. §§
									60-498.01 through
	 60-498.04 and the Administrative
	 Procedure Act, Neb. Rev. Stat. §§
									84-913 through
	 84-920.
Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 247 - NEBRASKA ADMINISTRATIVE CODE, NEBRASKA DEPARTMENT OF MOTOR VEHICLES › Chapter 1 - NEBRASKA DEPARTMENT OF MOTOR VEHICLES › Section 247-1-002 - LEGISLATIVE INTENT

Current through June 17, 2024
Because persons who drive while under the influence of alcohol present
	 a hazard to the health and safety of all persons using the highways, a
	 procedure is needed for the swift and certain revocation of the operator's
	 license of any person who has shown himself or herself to be a health and
	 safety hazard by driving with an excessive concentration of alcohol in his or
	 her body or by driving while under the influence of alcohol.