reglab/statecodes huggingface dataset:
Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 248 - NEBRASKA DEPARTMENT OF MOTOR VEHICLES › Chapter 1 - STANDARDS FOR AN INFORMAL DISPUTE SETTLEMENT PROCEDURE › Section 248-1-005 - QUALIFICATION OF MEMBERS

Current through June 17, 2024
005.01
Not a Party.
No member deciding a dispute shall be a
  party to the dispute, or an employee or agent of a party other than for
  purposes of deciding disputes.
005.02
No Direct
  Involvement.
When one or two members are deciding a dispute, all
  shall be persons having no direct involvement in the manufacture, distribution,
  sale or service of any motor vehicles. When three or more members are deciding
  a dispute, at least two-thirds shall be persons having no direct involvement in
  the manufacture, distribution, sale or service (including warranty service) of
  any motor vehicle. Direct involvement shall not include acquiring or owning an
  interest solely for investment, and the acquisition or ownership or an interest
  which is offered to the general public shall be prima facie evidence of its
  acquisition or ownership solely, for investment. Nothing contained in this
  section shall prevent the members from consulting with any persons
  knowledgeable in the technical, commercial or other areas relating to the
  product which is the subject of the dispute.
005.03
Fair
  Settlement.
Members shall be persons interested in the fair and
  expeditious settlement of consumer disputes.
Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 248 - NEBRASKA DEPARTMENT OF MOTOR VEHICLES › Chapter 1 - STANDARDS FOR AN INFORMAL DISPUTE SETTLEMENT PROCEDURE › Section 248-1-006 - OPERATION OF THE MECHANISM

Current through June 17, 2024
006.01
Written Operating Procedures.
The Mechanism shall
  establish written operating procedures which shall include at least the
  following items specified.
006.02
Notice of Receipt of Dispute.
Upon notification of a
  dispute, the Mechanism shall immediately inform both the manufacturer and the
  consumer of receipt of the dispute.
006.03
Investigation.
The Mechanism shall investigate, gather
  and organize ail information necessary for a fair and expeditious decision in
  each dispute. When any evidence gathered by or submitted to the Mechanism
  raises issues relating to the number of repair attempts, the length of repair
  periods, the possibility of unreasonable use, or any other remedy, the
  mechanism shall investigate these issues. When information which will or may be
  used in the , decision, submitted by one party or consultant, or any other
  source tends to contradict facts submitted by the other party, the Mechanism
  shall clearly, accurately, and completely disclose to both parties the
  contradictory information (and its source) and shall provide both parties an
  opportunity to explain or rebut the information and to submit additional
  materials. The Mechanism : shall not require any information not reasonably
  necessary to decide the dispute.
006.04
Decision.
Within 40 days if the dispute has not been settled, the Mechanism shall, as
  expeditiously as possible but at least within 40 days of notification of the
  disupte except as otherwise provided.
006.04A
  Render a fair decision based on the information gathered as described in
  paragraph 006.03 of these rules and regulations, and on any information
  submitted at an oral presentation. A decision shall include any remedies deemed
  appropriate under the circumstances, and limited to those remedies available
  under 16 CFR Part 703.5 (d)(1), including repair, replacement, refund,
  reimbursement for expenses, compensation for damages, and any other remedies
  available under the written warranty; and a decision shall state a specified
  reasonable time for performance;
006.04B Disclose to the manufacturer its
  decision and the reasons therefor;
006.04C If the decision would require action
  on the part of the manufacturer, determine whether, and to what extent,
  manufacturer will abide by its decision; and
006.04D Disclose to the consumer its
  decision, the reasons therefor, the manufacturer's intended actions, and the
  information described in section 006.08 of these rules and
  regulations.
Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 248 - NEBRASKA DEPARTMENT OF MOTOR VEHICLES › Chapter 1 - STANDARDS FOR AN INFORMAL DISPUTE SETTLEMENT PROCEDURE › Section 248-1-007 - RECORD KEEPING

Current through June 17, 2024
007.01
Records Information.
The Mechanism shall maintain
  records on each dispute referred to it which shall include:
007.01A Name and address of the
  consumer;
007.01B Name and address
  of the contact person of the manufacturer;
007.01C Brand name, and description of the
  vehicle involved and the identification number; and
007.01D Copies of all documents submitted by
  either party and copies of disposition taken by the Mechanism.
Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 248 - NEBRASKA DEPARTMENT OF MOTOR VEHICLES › Chapter 1 - STANDARDS FOR AN INFORMAL DISPUTE SETTLEMENT PROCEDURE › Section 248-1-008 - AUDITS

Current through June 17, 2024
008.01
Annual.
The
  Mechanism shall have an audit conducted at least annually, to determine whether
  the Mechanism and its implementation are in compliance.
008.02
Contents.
Each audit provided for in this section shall include at a minimum the
  following:
008.02A The warrantor's or
  manufacturer's efforts to make consumers aware of the Mechanism's existence;
  and
008.02B Analysis of a random
  sample of disputes to determine the following:
008.02B1 Adequacy of the Mechanism's
  complaint and other forms, investigation, mediation and follow-up efforts, and
  other aspects of complaint handling; and
008.02B2 Accuracy of the Mechanism's
  statistical compilations.
Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 248 - NEBRASKA DEPARTMENT OF MOTOR VEHICLES › Chapter 1 - STANDARDS FOR AN INFORMAL DISPUTE SETTLEMENT PROCEDURE › Section 248-1-009 - OPENNESS OF RECORDS AND PROCEEDINGS

Current through June 17, 2024
009.01
Policy.
The policy of the Mechanism with respect to
  records made available at the Mechanism's option shall be set out in the
  procedures under section
6
(OPERATION AND
  MECHANISM).
009.02
Copies upon request.
Upon request the Mechanism shall
  provide to either party to the dispute access to all records and copies of
  records relating to the dispute.
009.03
Reporting requirement to
  Department of Motor Vehicles.
The Mechanism shall furnish to the
  Nebraska Department of Motor Vehicles a report of the activities of the
  Mechanism for the calendar year setting forth the number of cases and the
  disposition of each.
Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 248 - NEBRASKA DEPARTMENT OF MOTOR VEHICLES › Chapter 4 - RULES AND REGULATIONS GOVERNING BONDED TITLES FOR VEHICLES, NEB. REV. STAT. SECTION 60-167 › Section 248-4-001 - SCOPE

Current through June 17, 2024
These rules and regulations govern the Department of Motor Vehicles'
	 procedures for the administration of bonded certificates of title pursuant to
Neb. Rev. Stat.
§§
									60-149(1)(d),
	 60-162(3),
	 60-167,
	 and
	 60-197(3).
Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 248 - NEBRASKA DEPARTMENT OF MOTOR VEHICLES › Chapter 4 - RULES AND REGULATIONS GOVERNING BONDED TITLES FOR VEHICLES, NEB. REV. STAT. SECTION 60-167 › Section 248-4-002 - FORMS

Current through June 17, 2024
All named forms referred to in these rules and regulations may be found
	 on the Department of Motor Vehicles' web page. Forms may be downloaded,
	 completed and returned to the Department. The forms may also be obtained by
	 calling the phone number listed for the Driver and Vehicle Records Division on
	 the website.
Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 248 - NEBRASKA DEPARTMENT OF MOTOR VEHICLES › Chapter 4 - RULES AND REGULATIONS GOVERNING BONDED TITLES FOR VEHICLES, NEB. REV. STAT. SECTION 60-167 › Section 248-4-003 - DEFINITIONS

Current through June 17, 2024
003.01
Currently valid
  Certificate of Title.
Currently valid Certificate of Title means the original title
	 immediately prior to the bonded title, showing ownership in the bonded title
	 owner's name.
003.02
Department.
Department means the Nebraska Department of Motor Vehicles.
003.03
Vehicle.
Vehicle means a motor vehicle, all-terrain vehicle, minibike, trailer
	 or semitrailer.
Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 248 - NEBRASKA DEPARTMENT OF MOTOR VEHICLES › Chapter 4 - RULES AND REGULATIONS GOVERNING BONDED TITLES FOR VEHICLES, NEB. REV. STAT. SECTION 60-167 › Section 248-4-004 - WHO MAY APPLY

Current through June 17, 2024
The Department will consider applications for a bonded certificate of
	 title in the following situations:
004.01
No Certificate of
  Title.
When a certificate of title has not previously been issued for a
	 vehicle in this or any other state; or
004.02
No
  Documentation.
When the applicant(s) is unable to provide the documentation required
	 by
Neb. Rev. Stat.
§
										60-149
	 for a vehicle previously titled in this or any other state; or
004.03
Foreign
  Bonded Certificate of Title.
When the vehicle currently has a bonded certificate of title issued by
	 another state.
Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 248 - NEBRASKA DEPARTMENT OF MOTOR VEHICLES › Chapter 4 - RULES AND REGULATIONS GOVERNING BONDED TITLES FOR VEHICLES, NEB. REV. STAT. SECTION 60-167 › Section 248-4-005 - APPLICATION

Current through June 17, 2024
Applicant(s) shall complete either an APPLICATION FOR BONDED
	 CERTIFICATE OF TITLE FOR A VEHICLE or APPLICATION FOR A BONDED CERTIFICATE OF
	 TITLE FOR A MOTORBOAT, and submit the completed form to the Department. The
	 Application must be accompanied by the following items:
005.01
Sheriff's Inspection
  Certificate.
A statement that an identification inspection has been conducted
	 pursuant to
Neb. Rev. Stat.
§
										60-146(3).
005.02
Fee.
A fee of fifty dollars ($ 50.00) pursuant to
Neb. Rev.
	 Stat.
§
										60-160.
005.03
Photograph.
A photograph, taken at an angle to show the front and one side of the
	 vehicle.
005.04
Bond.
A bond in a form prescribed by the Department and executed by the
	 applicant(s). The APPLICATION FOR BONDED CERTIFICATE OF TITLE FOR A VEHICLE or
	 APPLICATION FOR A BONDED CERTIFICATE OF TITLE FOR A MOTORBOAT must be made
	 within 30 days of the receipt of the bond.
005.05
Proof of
  Notification of Owner of Record.
If there is an owner of record for the vehicle, the applicant(s) shall
	 send a certified or registered letter, return receipt requested, to the owner
	 of record at the last known address. The letter shall state that the
	 applicant(s) is the present owner of the vehicle and request a duplicate title
	 with an assignment to the applicant(s) on the reverse side. The applicant(s)
	 shall submit a copy of the letter and the returned receipt to the
	 Department.
005.05A
Other Proof.
The Director may in his or
  her discretion accept other proof that the recorded owner has been notified or
  that it is impossible, inappropriate, or impracticable to notify the recorded
  owner.
Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 248 - NEBRASKA DEPARTMENT OF MOTOR VEHICLES › Chapter 4 - RULES AND REGULATIONS GOVERNING BONDED TITLES FOR VEHICLES, NEB. REV. STAT. SECTION 60-167 › Section 248-4-006 - BONDED TITLES ISSUED BY OTHER STATES

Current through June 17, 2024
If a vehicle has an out-of-state bonded title, the applicant(s) may
	 either:
006.01
Foreign Bond.
Provide evidence that a bond is currently in force in the former state.
	 Such evidence shall include a copy of the bond and evidence from the bonding
	 company that the bond has not been released.
006.02
Nebraska
  Bond.
If the applicant(s) cannot, or does not, provide such proof, he or she
	 may execute a three-year bond in the form prescribed by the Department
	 according to these rules and regulations.
Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 248 - NEBRASKA DEPARTMENT OF MOTOR VEHICLES › Chapter 4 - RULES AND REGULATIONS GOVERNING BONDED TITLES FOR VEHICLES, NEB. REV. STAT. SECTION 60-167 › Section 248-4-007 - BONDS

Current through June 17, 2024
007.01
Purpose.
The bond shall be conditioned to indemnify any prior owner and secured
	 party, and subsequent purchaser and secured party, and any successor of the
	 purchaser and secured party for any expense, loss, or damage, including
	 reasonable attorney's fees, incurred by reason of the issuance of the
	 certificate of title to the vehicle or any defect in or undisclosed security
	 interest upon the right, title, and interest of the applicant(s) in and to the
	 vehicle.
007.02
Issuance.
The bond shall be issued by a surety company authorized to transact
	 business in this state by the Nebraska Department of Insurance.
007.03
Value.
The bond shall be issued in an amount equal to one and one half times
	 the value of the vehicle as determined by the Department using reasonable
	 appraisal methods.
007.04
Cause of Action.
An interested person may have a cause of action to recover on the bond
	 for a breach of the conditions of the bond. The aggregate liability of the
	 surety to all persons having a claim shall not exceed the amount of the
	 bond.
007.05
Period.
The bond shall be in effect for three years.
Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 248 - NEBRASKA DEPARTMENT OF MOTOR VEHICLES › Chapter 4 - RULES AND REGULATIONS GOVERNING BONDED TITLES FOR VEHICLES, NEB. REV. STAT. SECTION 60-167 › Section 248-4-008 - APPLICATION FOR RELEASE OF BOND

Current through June 17, 2024
The holder of the certificate of title may apply to the Department, on
	 the APPLICATION FOR RELEASE OF NOTICE ON BONDED TITLE for the release of the
	 bond requirement and the removal of the notice that the vehicle may be subject
	 to an undisclosed interest, if either of the following criteria is met.
008.01
Surrender of
  Currently Valid Certificate of Title.
Prior to the end of the three-year period, the notice may be removed if
	 a currently valid certificate of title is surrendered to the Department for
	 cancellation; or
008.02
Expiration of Bond.
At the expiration of the three-year period of the bond, the notice may
	 be removed unless questions as to the ownership of the vehicle have been raised
	 with the Department. Pendency of an action to recover on the bond will mean the
	 ownership of the vehicle is unresolved.
Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 248 - NEBRASKA DEPARTMENT OF MOTOR VEHICLES › Chapter 4 - RULES AND REGULATIONS GOVERNING BONDED TITLES FOR VEHICLES, NEB. REV. STAT. SECTION 60-167 › Section 248-4-009 - VALUATION FOR BOND

Current through June 17, 2024
The Department will use the following methods to determine the value of
	 the vehicle for purposes of calculating the amount of bond. If the methods do
	 not agree on the value of the vehicle, the value will be the highest of the
	 determined values. The bond will be issued for one and one half times the
	 value.
009.01
N.A.D.A. Official Used Car Guide; N.A.D.A.
	 Motorcycle/Snowmobile, ATV, Personal Watercraft Appraisal Guide; Kelley Blue
	 Book; Auto Site; Intellichoice or other reputable new or used vehicle pricing
	 guide
; and/or
009.02
Other
  Methods.
The Department may, at its discretion, consider any other method or
	 information.
Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 248 - NEBRASKA DEPARTMENT OF MOTOR VEHICLES › Chapter 4 - RULES AND REGULATIONS GOVERNING BONDED TITLES FOR VEHICLES, NEB. REV. STAT. SECTION 60-167 › Section 248-4-010 - BONDED CERTIFICATE OF TITLE

Current through June 17, 2024
010.01
Notice.
The Department shall include the following statement on a bonded
	 certificate of title and any subsequent title issued as a result of a title
	 transfer while the bond is in effect: NOTICE: THIS VEHICLE MAY BE SUBJECT TO AN
	 UNDISCLOSED INTEREST, BOND NUMBER ...... The Department will assign a bond
	 number to each bond received. The assigned number will be separate from any
	 number the surety company may assign, and the Department's number will be set
	 in the notice on the title.
010.02
Recall.
The Department shall recall a bonded certificate of title if the
	 Department finds that the application for the title contained a false statement
	 or if a check presented by the applicant(s) for fees pursuant to this section
	 is returned uncollected by a financial institution.
010.02A
Notice.
If a bonded certificate of title
  is recalled, the Department will send a certified letter informing the title
  holder that the title has been cancelled, the reasons for the cancellation, and
  requesting that the title be returned to the Department.
010.02B
Cancellation.
If a bonded certificate of
  title is recalled, the Department will cancel the title in its
  records.
Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 248 - NEBRASKA DEPARTMENT OF MOTOR VEHICLES › Chapter 4 - RULES AND REGULATIONS GOVERNING BONDED TITLES FOR VEHICLES, NEB. REV. STAT. SECTION 60-167 › Section 248-4-011 - FINAL DECISION

Current through June 17, 2024
The Director's decision pursuant to these rules and regulations to
	 issue or not issue a bonded certificate of title, to require a bond on an
	 out-of-state bonded title, or to recall a title, are final decisions and may be
	 appealed under the Administrative Procedures Act
Neb. Rev.
	 Stat.
§
									84-917.
Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 248 - NEBRASKA DEPARTMENT OF MOTOR VEHICLES › Chapter 4 - RULES AND REGULATIONS GOVERNING BONDED TITLES FOR VEHICLES, NEB. REV. STAT. SECTION 60-167 › Section 248-4-012 - APPEAL

Current through June 17, 2024
A declaratory order is subject to review in the manner provided for
	 review of contested cases by the Administrative Procedure Act,
Neb.
	 Rev. Stat.
§§
									84-901
	 through
	 84-920.
	 Specific procedures for appeal are set forth in
Neb. Rev.
	 Stat.
§
									84-917.
Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 249 - NEBRASKA DEPARTMENT OF MOTOR VEHICLES › Chapter 1 - RULES AND REGULATIONS GOVERNING NOTICE AND HEARING FOR AGENCY CONTESTED CASES PURSUANT TO THE MOTOR VEHICLE OPERATORS' LICENSES STATUTES, SUBPART H: PROVISIONS APPLICABLE TO OPERATION OF COMMERCIAL MOTOR VEHICLES, NEB.REV.STATS. 60-4,163 THROUGH 60-4,172, AND THE NEBRASKA ADMINISTRATIVE PROCEDURE ACT, NEB.REV.STATS. 84-913 THROUGH 84-920 › Section 249-1-001 - SCOPE

Current through June 17, 2024
These rules and regulations govern practice and procedure before the
	 Department of Motor Vehicles of the State of Nebraska pursuant to the
	 Provisions Applicable to Operation of Commercial Motor Vehicles,
Neb.Rev.Stat.
60-4,163 through 60-4,179, and the
	 Nebraska Administrative Procedure Act,
Neb.Rev.Stat.
84-913 through 84-920. Hearings pursuant
	 to the Administrative License Revocation Act,
Neb.Rev.Stat.
39-669.08 through 39-669.18, and 247 NAC,
	 Chapter 1, are exempt from these rules and regulations.
Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 249 - NEBRASKA DEPARTMENT OF MOTOR VEHICLES › Chapter 1 - RULES AND REGULATIONS GOVERNING NOTICE AND HEARING FOR AGENCY CONTESTED CASES PURSUANT TO THE MOTOR VEHICLE OPERATORS' LICENSES STATUTES, SUBPART H: PROVISIONS APPLICABLE TO OPERATION OF COMMERCIAL MOTOR VEHICLES, NEB.REV.STATS. 60-4,163 THROUGH 60-4,172, AND THE NEBRASKA ADMINISTRATIVE PROCEDURE ACT, NEB.REV.STATS. 84-913 THROUGH 84-920 › Section 249-1-002 - DEFINITIONS

Current through June 17, 2024
002.01
Appellant
Appellant means any person who files a petition with the Department to
	 request a hearing to defend or contest the disqualification of his or her
	 commercial driver's license or operating privileges by the Department.
002.02
Commercial Motor Vehicle
Commercial Motor Vehicle means a motor vehicle used or designed to
	 transport passengers or property (a) if the motor vehicle has a gross vehicle
	 weight rating of more than twenty-six thousand pounds, (b) if the motor vehicle
	 is designed to transport sixteen or more passengers, including the driver, or
	 (c) if the motor vehicle is transporting hazardous materials and is required to
	 be placarded pursuant to section
	 75-364.
	 Commercial motor vehicle shall not include (a) a farm truck as defined in
Neb.Rev.Stat.
60-301 other than a combination of truck-
	 tractors and semitrailers when such farm truck is operated within one hundred
	 fifty miles of the registered owner's farm or ranch, (b) any self-propelled
	 mobile home or motor vehicle drawing a cabin trailer as such terms are defined
	 in
Neb.Rev.Stat.
60-301, (c) any emergency vehicle
	 operated by a public or volunteer fire department, or (d) any motor vehicle
	 owned or operated by the United States Department of Defense or Nebraska
	 National Guard when such motor vehicle is driven by uniformed, military
	 operators performing duty in the active service of the United States or this
	 state.
002.03
Commercial Driver's License
Commercial Driver's License means an operator's license, including a
	 restricted commercial driver's license, issued in accordance with the
	 requirements of the Motor Vehicle Operator's License Act to an individual which
	 authorizes such individual to drive a class of commercial motor vehicle.
002.04
Department
Department means the Department of Motor Vehicles.
002.05
Director
Director means the Director of the Department of Motor Vehicles or his
	 or her designee.
002.06
Ex parte communication
Ex parte communication shall mean an oral or written communication
	 which is not on the record in a contested case with respect to which reasonable
	 notice to all parties was not given. Ex parte communication shall not
	 include:
002.06A Communications which
  do not pertain to the merits of a contested case;
002.06B Communications required for the
  disposition of ex parte matters as authorized by law;
002.06C Communications in a ratemaking or
  rulemaking proceeding; and
002.06D
  Communications to which all parties have given consent.
Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 249 - NEBRASKA DEPARTMENT OF MOTOR VEHICLES › Chapter 1 - RULES AND REGULATIONS GOVERNING NOTICE AND HEARING FOR AGENCY CONTESTED CASES PURSUANT TO THE MOTOR VEHICLE OPERATORS' LICENSES STATUTES, SUBPART H: PROVISIONS APPLICABLE TO OPERATION OF COMMERCIAL MOTOR VEHICLES, NEB.REV.STATS. 60-4,163 THROUGH 60-4,172, AND THE NEBRASKA ADMINISTRATIVE PROCEDURE ACT, NEB.REV.STATS. 84-913 THROUGH 84-920 › Section 249-1-003 - EX PARTE COMMUNICATIONS

Current through June 17, 2024
003.01
Prohibitions; when
  applicable.
The prohibitions found in this section shall apply beginning at the
	 time notice for hearing is given. An agency may designate an earlier time, but
	 such earlier time shall be required to be set forth in the agency's rules of
	 procedure.
003.02
Prohibitions; to whom applicable.
003.02A
Parties and
  public.
No party in a CDL disqualification hearing or other
  person outside the agency having an interest in the hearing shall make or
  knowingly cause to be made an ex parte communication to the hearing officer or
  to an agency head or employee who is or may reasonably be expected to be
  involved in the decisionmaking process of the contested case.
003.02B
Persons in
  decisionmaking roles.
No hearing officer or agency head or
  employee who is or may reasonably be expected to be involved in the
  decisionmaking process of the CDL disqualification hearing shall make or
  knowingly cause to be made an ex parte communication to any party in a CDL
  disqualification hearing or other person outside the agency having an interest
  in the CDL disqualification hearing.
003.02C
Investigators.
No agency head or employee
  engaged in the investigation or enforcement of a CDL disqualification hearing
  shall make or knowingly cause to be made an ex parte communication to a hearing
  officer or agency head or employee who is or may reasonably be expected to be
  involved in the decisionmaking process of the CDL disqualification
  hearing.
Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 249 - NEBRASKA DEPARTMENT OF MOTOR VEHICLES › Chapter 1 - RULES AND REGULATIONS GOVERNING NOTICE AND HEARING FOR AGENCY CONTESTED CASES PURSUANT TO THE MOTOR VEHICLE OPERATORS' LICENSES STATUTES, SUBPART H: PROVISIONS APPLICABLE TO OPERATION OF COMMERCIAL MOTOR VEHICLES, NEB.REV.STATS. 60-4,163 THROUGH 60-4,172, AND THE NEBRASKA ADMINISTRATIVE PROCEDURE ACT, NEB.REV.STATS. 84-913 THROUGH 84-920 › Section 249-1-004 - INTERVENTION IN A CDL DISQUALIFICATION HEARING

Current through June 17, 2024
004.01 Intervention in a CDL disqualification
  hearing shall be allowed when the following requirements are met:
004.01A A petition for intervention must be
  submitted in writing to the hearing officer at least five (5) days before the
  hearing. Copies must be mailed by the petitioner for intervention to all
  parties named in the hearing officer's notice of the hearing;
004.01B The petition must state facts
  demonstrating that the petitioner's legal rights, duties, privileges,
  immunities, or other legal interests may be substantially affected by the
  proceeding or that the petitioner qualifies as an intervenor under any
  provision of law; and
004.01C The
  hearing officer must determine that the interests of justice and the orderly
  and prompt conduct of the proceedings will not be impaired by allowing the
  intervention.
Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 249 - NEBRASKA DEPARTMENT OF MOTOR VEHICLES › Chapter 1 - RULES AND REGULATIONS GOVERNING NOTICE AND HEARING FOR AGENCY CONTESTED CASES PURSUANT TO THE MOTOR VEHICLE OPERATORS' LICENSES STATUTES, SUBPART H: PROVISIONS APPLICABLE TO OPERATION OF COMMERCIAL MOTOR VEHICLES, NEB.REV.STATS. 60-4,163 THROUGH 60-4,172, AND THE NEBRASKA ADMINISTRATIVE PROCEDURE ACT, NEB.REV.STATS. 84-913 THROUGH 84-920 › Section 249-1-005 - COMMENCEMENT OF THE HEARING

Current through June 17, 2024
005.01
Petition
  Received.
The CDL disqualification hearing case begins with the filing of a
	 petition and request for hearing with the agency. The petition shall be in a
	 form prescribed by the Department (Attachment 2).
005.02
Form of
  Petition.
The Petition must be completed and returned to the Nebraska Department
	 of Motor Vehicles, Legal Division, P.O. Box 94789, Lincoln, NE 68509-4789 in
	 the addressed envelope provided. The Petition must be received or postmarked
	 within ten (10) days after the Appellant receives Notice of Disqualification;
	 otherwise, the Appellant's right to a hearing to contest the automatic
	 disqualification of his or her commercial driver's license or operating
	 privileges will be foreclosed and the license will be automatically
	 disqualified. The Notice of Disqualification will be deemed received by the
	 Appellant five (5) days after the date of mailing of the Notice by the Director
	 of the Department of Motor Vehicles.
005.03
Notice of Hearing
  .
Upon receipt of a timely filed petition, the Director shall serve
	 written Notice of Hearing by mailing said notice to the Appellant by certified
	 or registered mail to the address provided by the Appellant on the petition
	 form and the attorney of record or other representative of record, if one is
	 provided on the petition form, and upon all unrepresented parties.
Failure of such person to actually claim or receive the Notice shall
	 not invalidate the Notice.
005.04
Time of
  Notice.
The Notice of hearing shall be served by mailing as specified in 005.03
	 above postmarked at least seven (7) days prior to the date fixed for hearing by
	 certified or registered U.S. mail.
005.05
Content of
  Notice.
The notice shall state the time and place of the hearing and the name
	 of the hearing officer.
005.06
Proof of
  Service.
The proof of service shall be filed with the Director.
005.07
Copy to
  Officer.
A copy of the Notice of Hearing shall also be served on the officer(s)
	 who submitted the sworn report. Copies need not be sent certified or registered
	 mail.
Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 249 - NEBRASKA DEPARTMENT OF MOTOR VEHICLES › Chapter 1 - RULES AND REGULATIONS GOVERNING NOTICE AND HEARING FOR AGENCY CONTESTED CASES PURSUANT TO THE MOTOR VEHICLE OPERATORS' LICENSES STATUTES, SUBPART H: PROVISIONS APPLICABLE TO OPERATION OF COMMERCIAL MOTOR VEHICLES, NEB.REV.STATS. 60-4,163 THROUGH 60-4,172, AND THE NEBRASKA ADMINISTRATIVE PROCEDURE ACT, NEB.REV.STATS. 84-913 THROUGH 84-920 › Section 249-1-007 - PARTIES

Current through June 17, 2024
The parties in commercial motor vehicle driver's license
	 disqualification hearings shall be the Department of Motor Vehicles and the
	 persons defined as party in section 002.09 of these rules and
	 regulations.
Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 249 - NEBRASKA DEPARTMENT OF MOTOR VEHICLES › Chapter 1 - RULES AND REGULATIONS GOVERNING NOTICE AND HEARING FOR AGENCY CONTESTED CASES PURSUANT TO THE MOTOR VEHICLE OPERATORS' LICENSES STATUTES, SUBPART H: PROVISIONS APPLICABLE TO OPERATION OF COMMERCIAL MOTOR VEHICLES, NEB.REV.STATS. 60-4,163 THROUGH 60-4,172, AND THE NEBRASKA ADMINISTRATIVE PROCEDURE ACT, NEB.REV.STATS. 84-913 THROUGH 84-920 › Section 249-1-008 - BURDEN OF PROOF

Current through June 17, 2024
008.01
Appellant.
The burden of proof in any commercial motor vehicle driver's license
	 disqualification hearing shall be on the Appellant.
008.02
Preponderance of the
  Evidence.
The Appellant must show by the preponderance of the evidence why his or
	 her license or privilege to drive a commercial motor vehicle should not be
	 disqualified for the statutory period.
008.03
Sworn Report
  .
The sworn affidavit of the arresting officer shall be received into the
	 record by the Hearing Officer as the jurisdictional document of the hearing,
	 and the receipt of the sworn report shall establish a prima facie case for the
	 Department.
Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 249 - NEBRASKA DEPARTMENT OF MOTOR VEHICLES › Chapter 1 - RULES AND REGULATIONS GOVERNING NOTICE AND HEARING FOR AGENCY CONTESTED CASES PURSUANT TO THE MOTOR VEHICLE OPERATORS' LICENSES STATUTES, SUBPART H: PROVISIONS APPLICABLE TO OPERATION OF COMMERCIAL MOTOR VEHICLES, NEB.REV.STATS. 60-4,163 THROUGH 60-4,172, AND THE NEBRASKA ADMINISTRATIVE PROCEDURE ACT, NEB.REV.STATS. 84-913 THROUGH 84-920 › Section 249-1-009 - REPRESENTATION AT HEARING

Current through June 17, 2024
A party may appear in their own behalf or through an attorney licensed
	 to practice law in Nebraska.
Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 249 - NEBRASKA DEPARTMENT OF MOTOR VEHICLES › Chapter 1 - RULES AND REGULATIONS GOVERNING NOTICE AND HEARING FOR AGENCY CONTESTED CASES PURSUANT TO THE MOTOR VEHICLE OPERATORS' LICENSES STATUTES, SUBPART H: PROVISIONS APPLICABLE TO OPERATION OF COMMERCIAL MOTOR VEHICLES, NEB.REV.STATS. 60-4,163 THROUGH 60-4,172, AND THE NEBRASKA ADMINISTRATIVE PROCEDURE ACT, NEB.REV.STATS. 84-913 THROUGH 84-920 › Section 249-1-010 - DISCOVERY

Current through June 17, 2024
010.01
Motions for
  Discovery.
All such motions may be granted or denied at the Director's discretion.
	 If granted, the Director may set timelines for such discovery.
010.02
Time for
  Filing Motions.
All discovery motions must be filed in writing and received no later
	 than five (5) days prior to the hearing. If such motion is not both filed and
	 received by the Director within the time or in the manner specified and
	 substantial injustice will not result, the request will be denied.
010.03
Content.
Any prehearing discovery motions shall
010.03A Quote the question or subpoena at
  issue, or be accompanied by a copy of the subpoena or question;
010.03B State the reasons supporting the
  motion;
010.03C Be accompanied by a
  statement setting forth the steps or efforts made by the moving party or his or
  her counsel to resolve by agreement the issues raised and that agreement has
  not been achieved; and
010.03D Be
  filed with the agency. The moving party must serve copies of all such motions
  to all parties to the contested case.
Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 249 - NEBRASKA DEPARTMENT OF MOTOR VEHICLES › Chapter 1 - RULES AND REGULATIONS GOVERNING NOTICE AND HEARING FOR AGENCY CONTESTED CASES PURSUANT TO THE MOTOR VEHICLE OPERATORS' LICENSES STATUTES, SUBPART H: PROVISIONS APPLICABLE TO OPERATION OF COMMERCIAL MOTOR VEHICLES, NEB.REV.STATS. 60-4,163 THROUGH 60-4,172, AND THE NEBRASKA ADMINISTRATIVE PROCEDURE ACT, NEB.REV.STATS. 84-913 THROUGH 84-920 › Section 249-1-011 - WITNESSES

Current through June 17, 2024
011.01
Witnesses.
If a party has a witness with personal knowledge of the case, their
	 attendance at the hearing should be arranged. If a witness refuses to appear
	 voluntarily or the voluntary production of requested documents is denied, a
	 party may make a request that copies be sent to them or their representative
	 after the hearing.
011.02
Subpoenas.
Subpoenas shall be requested by praecipe at least five (5) days before
	 any scheduled hearing. Any request that is not both filed and received by the
	 Director within the time and manner specified shall be denied, unless
	 substantial injustice would result. Only subpoenas granted and issued by the
	 Director are valid in CDL disqualification hearings.
011.03
Content of Subpoena
  Requests.
To be considered, a subpoena request must state all of the following
	 for each subpoena requested:
011.03A
  The identification of the person or document desired; and
011.03B all addresses at which the subpoena
  may possibly be served; and
0110.3C
  The facts expected to be established for a reasoned determination of
  materiality by the Director; and
011.03D The fact that the person refused to
  appear voluntarily or the production of the requested documents was denied;
  and
011.03E If more than two
  subpoenas are requested to establish a single fact, the reason why requested
  subpoenas are not merely repetitive.
Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 249 - NEBRASKA DEPARTMENT OF MOTOR VEHICLES › Chapter 1 - RULES AND REGULATIONS GOVERNING NOTICE AND HEARING FOR AGENCY CONTESTED CASES PURSUANT TO THE MOTOR VEHICLE OPERATORS' LICENSES STATUTES, SUBPART H: PROVISIONS APPLICABLE TO OPERATION OF COMMERCIAL MOTOR VEHICLES, NEB.REV.STATS. 60-4,163 THROUGH 60-4,172, AND THE NEBRASKA ADMINISTRATIVE PROCEDURE ACT, NEB.REV.STATS. 84-913 THROUGH 84-920 › Section 249-1-012 - PREHEARING CONFERENCE PROCEDURES

Current through June 17, 2024
012.01
Prehearing
  conferences and orders.
A hearing officer designated to conduct a hearing may determine,
	 subject to the agency's rules and regulations, whether a prehearing conference
	 will be conducted. If a prehearing conference is not held, a hearing officer
	 for the hearing may issue a prehearing order, based on the pleadings, to
	 regulate the conduct of the proceedings.
012.01A If a prehearing conference is
  conducted:
012.01A1 The hearing officer shall
  promptly notify the agency of the determination that a prehearing conference
  will be conducted. The agency may assign another hearing officer for the
  prehearing conference; and
012.01A2
  The hearing officer for the prehearing conference shall set the time and place
  of the conference and give reasonable written notice to all parties and to all
  persons who have filed written petitions to intervene in the matter. The agency
  shall give notice to other persons entitled to notice.
012.01A3 The notice referred to in subsection
  012.01A2 shall
  include the following:
012.01A3(a) The names
  and mailing addresses of all parties and other persons to whom notice is being
  given by the hearing officer;
012.01A3(b) The name, official title, mailing
  address, and telephone number of any counsel or employee who has been
  designated to appear for the agency;
012.01A3(c) The official file or other
  reference number, the name of the proceeding, and a general description of the
  subject matter;
012.01A3(d) A
  statement of the time, place, and nature of the prehearing
  conference;
012.01A3(e) A statement
  of the legal authority and jurisdiction under which the prehearing conference
  and the hearing are to be held;
012.01A3(f) The name, official title, mailing
  address, and telephone number of the hearing officer for the prehearing
  conference;
012.01A3(g) A statement
  that a party who fails to attend or participate in a prehearing conference,
  hearing, or other stage of a contested case or who fails to make a good faith
  effort to comply with a prehearing order, may be held in default under the
  Administrative Procedure Act; and
012.01A3(h) Any other matters that the
  hearing officer considers desirable to expedite the proceedings.
Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 249 - NEBRASKA DEPARTMENT OF MOTOR VEHICLES › Chapter 1 - RULES AND REGULATIONS GOVERNING NOTICE AND HEARING FOR AGENCY CONTESTED CASES PURSUANT TO THE MOTOR VEHICLE OPERATORS' LICENSES STATUTES, SUBPART H: PROVISIONS APPLICABLE TO OPERATION OF COMMERCIAL MOTOR VEHICLES, NEB.REV.STATS. 60-4,163 THROUGH 60-4,172, AND THE NEBRASKA ADMINISTRATIVE PROCEDURE ACT, NEB.REV.STATS. 84-913 THROUGH 84-920 › Section 249-1-013 - CONTINUANCES

Current through June 17, 2024
013.01
Motions.
Any party desiring a continuance of the hearing shall request the same
	 in writing, stating the reasons for such request and, if required by the
	 Director, submit proof of facts in support of such request in the time and
	 manner specified. If a continuance is granted to either party, all parties
	 shall be notified of such continuance.
013.02
Time.
Motions for continuance will not ordinarily be considered unless filed
	 and received by the Director at least five (5) days prior to the time fixed for
	 the hearing.
013.03
Good Cause.
Continuances shall be granted only upon good cause shown.
013.04
Content
  of Motion to Continue.
A timely request to change the hearing date or time must state all of
	 the following to be considered:
013.04A The reason for not being able to
  appear at the time or date scheduled; and
013.04B Why that reason is beyond the
  requesting party's control; and
013.04C Any fact which establishes that the
  need to reschedule arose after the scheduling of the hearing; and
013.04D The resulting specific undue hardship
  which would result if the request were to be denied.
Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 249 - NEBRASKA DEPARTMENT OF MOTOR VEHICLES › Chapter 1 - RULES AND REGULATIONS GOVERNING NOTICE AND HEARING FOR AGENCY CONTESTED CASES PURSUANT TO THE MOTOR VEHICLE OPERATORS' LICENSES STATUTES, SUBPART H: PROVISIONS APPLICABLE TO OPERATION OF COMMERCIAL MOTOR VEHICLES, NEB.REV.STATS. 60-4,163 THROUGH 60-4,172, AND THE NEBRASKA ADMINISTRATIVE PROCEDURE ACT, NEB.REV.STATS. 84-913 THROUGH 84-920 › Section 249-1-014 - INTERPRETERS

Current through June 17, 2024
014.01
Non-English Speaking
  Appellants.
When it is established that an Appellant is unable to communicate in
	 the English language, the Appellant must employ the services of an interpreter
	 for the hearing. The interpreter must be approved by the Director prior to or
	 at the hearing. The Director will not appoint interpreters nor pay for the
	 services of an interpreter.
014.02
Interpreters for
  Persons with Special Communication Needs.
If an Appellant or a party has a special communication need such as
	 deafness or muteness, the Appellant or party shall notify the Director no later
	 than five (5) days before the hearing in writing so that the Director may
	 arrange for an interpreter. The Department shall pay for the services of any
	 interpreter so obtained.
Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 249 - NEBRASKA DEPARTMENT OF MOTOR VEHICLES › Chapter 1 - RULES AND REGULATIONS GOVERNING NOTICE AND HEARING FOR AGENCY CONTESTED CASES PURSUANT TO THE MOTOR VEHICLE OPERATORS' LICENSES STATUTES, SUBPART H: PROVISIONS APPLICABLE TO OPERATION OF COMMERCIAL MOTOR VEHICLES, NEB.REV.STATS. 60-4,163 THROUGH 60-4,172, AND THE NEBRASKA ADMINISTRATIVE PROCEDURE ACT, NEB.REV.STATS. 84-913 THROUGH 84-920 › Section 249-1-015 - PLEADINGS

Current through June 17, 2024
015.01
Other
  Pleadings.
All pleadings to a commercial driver's license disqualification hearing
	 shall be in legible form on 8½" x 11" paper showing the venue "Before
	 the Director of the Department of Motor Vehicles" and shall be entitled as
	 applicable in each particular situation.
Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 249 - NEBRASKA DEPARTMENT OF MOTOR VEHICLES › Chapter 1 - RULES AND REGULATIONS GOVERNING NOTICE AND HEARING FOR AGENCY CONTESTED CASES PURSUANT TO THE MOTOR VEHICLE OPERATORS' LICENSES STATUTES, SUBPART H: PROVISIONS APPLICABLE TO OPERATION OF COMMERCIAL MOTOR VEHICLES, NEB.REV.STATS. 60-4,163 THROUGH 60-4,172, AND THE NEBRASKA ADMINISTRATIVE PROCEDURE ACT, NEB.REV.STATS. 84-913 THROUGH 84-920 › Section 249-1-017 - EVIDENCE

Current through June 17, 2024
017.01
Informal
  Hearings.
The hearings shall be conducted informally unless a request is made for
	 the Rules of Evidence and the Rules of Evidence are in effect. The Hearing
	 Officer may, within his or her discretion, admit and give probative effect to
	 evidence which possesses probative value commonly accepted by reasonably
	 prudent persons in the conduct of their affairs.
017.01A
Incompetent,
  Irrelevant or Immaterial Evidence.
Incompetent, irrelevant
  or immaterial evidence may be excluded.
017.01B
Unduly Repetitious
  Evidence.
Unduly repetitious evidence may be
  excluded.
017.01C
Hearsay.
Hearsay is admissible as
  evidence.
017.01D
Records of the Department.
Records and
  documents in the possession of the Department of Motor Vehicles may be received
  in evidence in the form in which the same are kept, and without
  certification.
017.01F
Video Tapes.
Video tape recordings may be
  admitted into evidence at the discretion of the Hearing Officer.
017.01G
Privilege.
The rules of privilege apply
  in informal hearings.
017.01H
Official Notice.
In the conduct of the
  hearing, the Hearing Officer may take official notice of, may take official
  notice of general technical or scientific facts within the specialized
  knowledge of the Department. Parties to the proceedings shall be notified
  before or during the hearing or by reference in preliminary reports or
  otherwise of material so noticed, and opportunity shall be afforded to contest
  such noticed facts.
017.01I
  Documentary evidence may be received in the form of copies or excerpts or
  incorporated by reference.
Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 249 - NEBRASKA DEPARTMENT OF MOTOR VEHICLES › Chapter 1 - RULES AND REGULATIONS GOVERNING NOTICE AND HEARING FOR AGENCY CONTESTED CASES PURSUANT TO THE MOTOR VEHICLE OPERATORS' LICENSES STATUTES, SUBPART H: PROVISIONS APPLICABLE TO OPERATION OF COMMERCIAL MOTOR VEHICLES, NEB.REV.STATS. 60-4,163 THROUGH 60-4,172, AND THE NEBRASKA ADMINISTRATIVE PROCEDURE ACT, NEB.REV.STATS. 84-913 THROUGH 84-920 › Section 249-1-018 - RULES OF EVIDENCE

Current through June 17, 2024
018.01
Informal
  Hearings.
Hearings shall be informal unless a party requests that the rules of
	 evidence be in effect at the hearing in the specified manner.
018.02
Motion.
Either party may file a motion for a rules of evidence hearing by
	 delivering a written request to the agency at least three (3) days prior to the
	 date set for hearing. Such request shall include the requesting party's
	 agreement to be liable for the payment of the costs incurred thereby and upon
	 any appeal or review thereof; including the costs of court reporting services
	 which the party shall procure for the hearing.
018.03
Costs.
All costs of a formal hearing shall be paid by the party or parties
	 against whom a final decision is rendered.
Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 249 - NEBRASKA DEPARTMENT OF MOTOR VEHICLES › Chapter 1 - RULES AND REGULATIONS GOVERNING NOTICE AND HEARING FOR AGENCY CONTESTED CASES PURSUANT TO THE MOTOR VEHICLE OPERATORS' LICENSES STATUTES, SUBPART H: PROVISIONS APPLICABLE TO OPERATION OF COMMERCIAL MOTOR VEHICLES, NEB.REV.STATS. 60-4,163 THROUGH 60-4,172, AND THE NEBRASKA ADMINISTRATIVE PROCEDURE ACT, NEB.REV.STATS. 84-913 THROUGH 84-920 › Section 249-1-019 - FAILURE TO APPEAR; APPELLANT OR OFFICER(S)

Current through June 17, 2024
019.01
Appellant.
If the Appellant or their representative fails to appear at the hearing
	 the Hearing Officer may proceed and reach a recommended decision based on the
	 evidence presented at the hearing by the witnesses who appear.
019.02
Officer(s).
The failure of the officer(s) to appear or be otherwise available for
	 cross examination shall be cause for dismissal of the administrative license
	 revocation by the Department except when the motorist does not appear or make
	 any showing.
019.03
Appellant and Officer(s).
If all parties and witnesses fail to appear, the Hearing Officer shall
	 enter the exhibits into the record. The sworn report shall be prima facie
	 evidence of the refusal or failure of the test. The Hearing Officer shall
	 recommend a decision to the Director based solely on the
	 exhibits.
Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 249 - NEBRASKA DEPARTMENT OF MOTOR VEHICLES › Chapter 1 - RULES AND REGULATIONS GOVERNING NOTICE AND HEARING FOR AGENCY CONTESTED CASES PURSUANT TO THE MOTOR VEHICLE OPERATORS' LICENSES STATUTES, SUBPART H: PROVISIONS APPLICABLE TO OPERATION OF COMMERCIAL MOTOR VEHICLES, NEB.REV.STATS. 60-4,163 THROUGH 60-4,172, AND THE NEBRASKA ADMINISTRATIVE PROCEDURE ACT, NEB.REV.STATS. 84-913 THROUGH 84-920 › Section 249-1-020 - VENUE

Current through June 17, 2024
020.01
Place and
  Time.
The hearings shall be scheduled in the county in which the violation
	 occurred or in any county agreed to by the parties and at such times as
	 determined at the discretion of the Director.
020.02
Persons with Special
  Needs.
If any party has a physical or other special need in regard to the
	 accessibility of the venue of the hearing, the party shall notify the
	 Department no later than five (5) days prior to the hearing in writing so that
	 the Department can arrange an accessible hearing location.
020.03
Change of
  Venue.
A motion for a change of venue must be in writing to the Director and
	 filed and received no later than five (5) days before the hearing. Failure to
	 file the motion in the time specified shall be grounds for denial of the motion
	 unless substantial injustice would result.