reglab/statecodes huggingface dataset:
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 247-1-003 - DEFINITIONS

Current through June 17, 2024
003.01
Appellant.
any motorist who files a
  petition with the Department to request a hearing to contest the administrative
  license revocation of his or her license or operating privileges by the
  Department.
003.02
Department.
the Nebraska Department of
  Motor Vehicles.
003.03
Director.
the Director of the Department
  of Motor Vehicles or his or her designee.
003.04
Hearing
  Officer.
an individual appointed by the Director to preside
  at an administrative hearing.
003.05
License or
  operator's license.
any license or permit to operate a
  motor vehicle issued under the laws of this state, including:
003.05A Any replacement or duplicate license
  or instruction permit;
003.05B The
  privilege of any person to drive a motor vehicle whether such person holds a
  valid license;
003.05C Any
  nonresident's operating privilege which shall mean the privilege conferred upon
  a nonresident by the laws of this state pertaining to the operation of a motor
  vehicle in this state by such person or the use in this state of a motor
  vehicle owned by such person;
003.05D An employment driving permit issued
  as provided by Neb. Rev. Stat. §§
										60-4,129 and
  60-4,130; and
003.05E A medical hardship driving permit
  issued as provided by Neb. Rev. Stat. §§
										60-4,130.01 and
  60-4,130.02.
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 247-1-004 - PURPOSE OF HEARING

Current through June 17, 2024
The hearing is the opportunity for the Appellant to present evidence to
	 show why his or her operator's license or operating privileges should not be
	 revoked. The Appellant is responsible to secure the appearance of any witness
	 required to meet his or her burden of proof; if the arresting officer is
	 necessary, the Appellant must secure the arresting officer's appearance.
004.01
Sworn
  Report.
The sworn report of the arresting officer shall be
  received into the record by the Hearing Officer as the jurisdictional document
  of the hearing, and upon receipt of the sworn report, the Director's order of
  revocation has prima facie validity.
004.02
Appellant.
The burden of proof in an
  administrative license revocation proceeding shall be on the Appellant. The
  Appellant must show by the preponderance of the evidence why his or her license
  or privilege to drive should not be revoked for the statutory period. If the
  arresting officer is necessary to meet this burden, it is the Appellant's
  responsibility to secure the arresting officer's testimony.
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 247-1-005 - ISSUES AT HEARING

Current through June 17, 2024
The issues at the hearing shall be limited to those issues specified as
	 follows:
005.01 In the case of a
  refusal to submit:
005.01A Did the law
  enforcement officer have probable cause to believe the Appellant was operating
  or in the actual physical control of a motor vehicle in violation of Neb. Rev.
  Stat. §
										60-6,196 or a city or village
  ordinance enacted pursuant to Neb. Rev. Stat. §
										60-6,196; and
005.01B Did the Appellant refuse to submit or
  fail to complete a chemical test after being requested to do so by the peace
  officer.
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 247-1-006 - REPRESENTATION AT HEARING

Current through June 17, 2024
An Appellant may appear in his or her own behalf or through an attorney
	 licensed to practice law in Nebraska.
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 247-1-007 - HEARING OFFICERS

Current through June 17, 2024
007.01
Appointment.
Hearing Officers shall be
  appointed by the Director in writing. Such appointment shall be of public
  record in the Director's office.
007.02
Qualifications.
Hearing Officers shall be
  attorneys licensed to practice law in the State of Nebraska.
007.03
Unbiased and
  Impartial.
The Hearing Officer shall be unbiased and
  impartial as to the subject proceeding.
007.04
Recusal.
No Hearing Officer shall
  participate in an appeal in which they have an interest. For good cause shown
  or on the Director's own motion, the Hearing Officer may recuse his or herself
  from conducting the hearing. Motions for recusal shall be made in writing to
  the Director and must be received no later than three days prior to the date of
  the hearing.
007.05
Powers and Duties.
The Hearing Officer
  shall have the duty to conduct full, fair and impartial hearings; to take
  appropriate action to avoid unnecessary delay in the disposition of the
  proceeding; and to maintain order. They shall have the following powers:
007.05A To administer oaths and
  affirmations;
007.05B To issue
  subpoenas as authorized;
007.05C To
  compel discovery and to impose appropriate sanctions for failure to make
  discovery;
007.05D To rule upon
  offers of proof and receive relevant, competent and probative
  evidence;
007.05E To regulate the
  course of the proceedings in the conduct of the parties and their
  representatives;
007.05F To hold
  prehearing conferences for simplification of the issues, settlement of the
  proceedings, or any other proper purposes;
007.05G To consider and rule orally or in
  writing upon all procedural and other motions appropriate in adjudicative
  proceedings;
007.05H To fix the
  time for holding the record open for additional evidence or for submission of
  briefs;
007.05I To exclude or eject
  people from the hearing;
007.05J To
  issue recommended decisions, rulings, and orders, as appropriate; and
007.05K To take any other action consistent
  with the purpose of the law.
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 247-1-008 - INTERVENTION

Current through June 17, 2024
008.01 Intervention in an administrative
  license revocation hearing shall be allowed when the following requirements are
  met:
008.01A A petition for intervention must
  be submitted in writing to the Hearing Officer at least five days before the
  hearing. Copies must be mailed by the petitioner for intervention to all
  parties named in the Hearing Officer's notice of hearing;
008.01B 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
008.01C 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 247 - NEBRASKA ADMINISTRATIVE CODE, NEBRASKA DEPARTMENT OF MOTOR VEHICLES › Chapter 1 - NEBRASKA DEPARTMENT OF MOTOR VEHICLES › Section 247-1-009 - INTERPRETERS

Current through June 17, 2024
009.01
Non-English Speaking
  Appellants.
When it is established that an Appellant is
  unable to communicate in the English language, the Appellant may employ the
  services of an interpreter for the administrative hearing. The Director will
  not appoint interpreters nor pay for services of an interpreter.
009.02
Interpreters for
  Persons with Special Communication Needs.
If an Appellant
  has a special communication need such as deafness or muteness, the Appellant
  shall notify the Director no later than three 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 247 - NEBRASKA ADMINISTRATIVE CODE, NEBRASKA DEPARTMENT OF MOTOR VEHICLES › Chapter 1 - NEBRASKA DEPARTMENT OF MOTOR VEHICLES › Section 247-1-010 - FAILURE TO APPEAR

Current through June 17, 2024
010.01
Appellant.
If the Appellant or his or her
  representative fails to appear at the hearing, the Hearing Officer may proceed
  and reach a recommended decision based on the evidence (sworn report and
  abstract) presented at the hearing.
010.02
Witness.
The failure of a subpoenaed
  witness to appear or be otherwise available for cross-examination shall not
  automatically result in dismissal of the administrative license revocation. The
  Hearing Officer, at his or her discretion, grounded in the evidence adduced,
  and considering any offer of proof, may continue the hearing to receive the
  witnesses' testimony, or if such is unlikely to be fruitful, dismiss the
  hearing. The Hearing Officer may grant a stay of revocation.
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 247-1-011 - SWORN REPORTS AND PETITIONS

Current through June 17, 2024
The Department may accept any sworn report or petition forms in
	 existence until the supply of such sworn reports and petitions may be exhausted
	 and the Department may from time to time issue new forms as may be
	 necessary.
011.01
Electronic Sworn Report.
A sworn report
  may be created, signed, notarized, sent, and/or delivered by electronic means
  as permitted by the Uniform Electronic Transactions Act. An electronic sworn
  report satisfies the law and may not be denied legal effect or enforceability
  solely because it is in electronic form.
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 247-1-012 - PLEADINGS, FORM AND MAILING ADDRESS

Current through June 17, 2024
012.01
Petition Form.
The petition for an
  administrative license revocation is online at the Department's website:
www.dmv.nebraska.gov
or available
  from the Department (telephone: (402)
  471-9593). Earlier versions of the
  petition are valid and may be used in lieu of the most current version. The
  petition must be legibly written on 8½" x 11" paper and contain the
  following information:
012.01A Appellant's
  name and date of birth;
012.01B
  Appellant's complete current mailing address;
012.01C Appellant's operator's license number
  and state of issuance;
012.01D The
  grounds on which the Appellant is relying to prevent the revocation from
  becoming effective;
012.01E A
  statement that the Appellant does not wish to apply for an ignition interlock
  device; and
012.01F If appropriate,
  the name and complete address of the Appellant's attorney.
Accompanying Documents.
The
	 petition must be accompanied by:
012.01G A photocopy of the temporary license;
  and
012.01H All Nebraska or
  out-of-state operator's licenses.
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 247-1-013 - FILING OF PETITION AND NOTICE OF REVOCATION

Current through June 17, 2024
013.01
Time to File Petition.
A person's right
  to an administrative license revocation hearing will be foreclosed if a
  petition for an administrative license revocation hearing is not completed and
  postmarked or delivered to the Department as follows:
013.01A
Breath and Refusal
  Cases.
Within ten days after the person's arrest in cases
  in which the Appellant received Notice of Revocation from the arresting
  officer.
013.01B
Blood Test Cases.
Within ten days after
  the mailing of the Notice of Revocation in cases in which the Appellant
  received Notice of Revocation from the Department.
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 247-1-014 - NOTICE OF HEARING

Current through June 17, 2024
014.01
Receipt of the Petition.
Upon receipt of
  a timely filed petition, the Director shall notify the Appellant of the date
  and location and manner of the hearing.
014.02
U.S.
  Mail.
The Director shall serve Notice of the Hearing to the
  Appellant, and, if applicable, to the Appellant's attorney by U.S. mail to the
  address(es) provided by the Appellant on the petition form.
014.03
Time of
  Notice.
The Notice of Hearing shall be served by mailing at
  least seven days prior to the date fixed for the hearing.
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 247-1-015 - DISCOVERY AND SUBPOENA

Current through June 17, 2024
015.01
Discovery Limitations.
No depositions,
  requests for admissions, or interrogatories may be filed in this administrative
  license revocation special proceeding. Any deposition notices, requests for
  admissions, or interrogatories received are denied and may be
  unanswered.
015.02
Discovery Motions, Prosecutor Copy.
The
  Appellant will provide a copy of every motion for discovery and praecipe for
  subpoena to the prosecutor in the jurisdiction in which the petitioner was
  arrested. Any motion for discovery and praecipe for subpoena filed by the
  petitioner shall entitle the prosecutor to receive full statutory discovery
  from the petitioner upon a prosecutor's request to the relevant court pursuant
  to Neb. Rev. Stat. §
									29-1912 in any criminal proceeding
  arising from the same arrest.
015.03
Incomplete
  Discovery.
Incomplete discovery shall not stay the hearing
  unless the petitioner requests a continuance.
015.04
Filing
  Timeline.
Motions for discovery must be received by the
  Department no fewer than five days prior to the date scheduled for hearing.
  Praecipes for subpoena must be received by the Department with sufficient time
  for the Department to respond and the Appellant to serve.
015.05
Service.
The Appellant has the
  responsibility of service. A subpoena issued pursuant to these rules and
  regulations shall be served either (1) personally, or (2) by mailing a copy
  thereof by either registered or certified mail, return receipt requested, not
  less than six days before the hearing day that the witness is required to
  attend. The person making such service shall make a return thereof showing the
  manner of service.
015.06
Department Subpoenas.
At its discretion,
  the Department may informally request a witness' appearance or request a
  subpoena in the manner provided for in these regulations.
015.07
Motion to
  Quash.
A motion to quash a subpoena may be filed with the
  Department. The Department will consider the motion, and may have a brief
  hearing if necessary.
015.08
Discoverable Material in Possession of the Department or a
  State Agency.
The Department will, upon receipt of a timely
  and proper discovery motion, (a) provide the Appellant a copy of all
  non-privileged material, not filed by the Appellant, which is in the
  Appellant's case file at the Department, and (b) provide access to
  non-privileged documents in possession or control of another state agency
  relevant to the issues for the Appellant's hearing as provided in Neb. Rev.
  Stat. §
									60-498.01(6)(c).
015.08A
Statement.
Every discovery motion shall
  contain a statement that the Appellant has provided a copy of the motion to the
  prosecutor in the jurisdiction of arrest.
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 247-1-016 - ENFORCEMENT OF SUBPOENA

Current through June 17, 2024
If an Appellant claims disobedience to a subpoena, the Appellant shall
	 first show proof of timely service to the witness before undertaking
	 enforcement.
016.01
Enforcement by Agreement.
An Appellant
  and Hearing Officer may agree to attempt to secure the witness's attendance
  without involvement of the district court. Upon agreement, the Hearing Officer
  and the Appellant may seek to reach the witness directly and take testimony, or
  the Hearing Officer may issue an interim order directing a Department employee
  who is not involved in the decision making process to contact the witness and
  the Appellant to arrange a time and method to secure the testimony of the
  witness. No stay of revocation will be granted except upon the Appellant's
  affirmative showing of substantial injustice.
016.02
Formal Enforcement
  by District Court.
If there is no agreement to secure the
  witness's testimony, the Appellant may invoke the aid of the district court to
  enforce the subpoena in the jurisdiction in which the Appellant was arrested.
  If the Appellant provides written notice to the Department of his or her filing
  with the district court to enforce the subpoena, the Department will continue
  the hearing. In such case the hearing will be continued until there is a final
  order from the district court as to the disposition of the subpoena, but the
  automatic revocation of the Appellant's operator's license pursuant to statute
  will not be stayed.
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 247-1-017 - CONTINUANCES

Current through June 17, 2024
017.01
Motions.
An Appellant may file a written
  motion to continue the hearing. The motion shall state the reasons for the
  motion and, if required by the Director, submit proof of facts in support of
  the motion. If a continuance is granted, all persons who were served Notice of
  Hearing shall be notified by the Department.
017.02
Time.
An Appellant's motion for
  continuance will not be considered unless filed and received by the Director at
  least three working days prior to the time fixed for hearing. Untimely motions
  will be denied without response from the Department.
017.03
Stay.
An Appellant's motion for
  continuance beyond the expiration date of the Appellant's temporary operator's
  license shall not stay the administrative license revocation.
017.04
Good
  Cause.
An Appellant's continuance shall be granted only
  upon good cause shown.
017.05
Director's Continuance.
The Director
  shall have the power to order a continuance of any hearing as may be necessary.
  A continuance order by the Director may stay the administrative revocation of
  the operator's license 15 days.
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 247-1-018 - EXHIBITS

Current through June 17, 2024
018.01
Documentary Evidence
  - Exhibits.
Copies of all exhibits must be served on all
  participants either prior to or on the date of the hearing in the manner and
  form specified as follows:
018.01A
Department's Exhibits.
The Department
  shall serve the Appellant, and the Appellant's attorney, if applicable, with a
  copy of potential exhibits from its case file by either U.S. mail or electronic
  means. Each document shall be marked or numbered for ease of identification at
  the hearing. The Hearing Officer shall be responsible for marking and
  identifying the exhibits entered into the record and may be assisted by a court
  reporter when one is present.
018.01B
Appellant's
  Exhibits.
Any exhibits the Appellant wishes to offer or
  materials the Appellant intends to reference at a hearing shall be submitted to
  and received by the Department no later than one working day prior to the date
  of the hearing. If exhibits are not both filed and received by the Department
  within the time or the manner specified, exhibits will not be admitted hearing
  unless substantial injustice would result. The Hearing Officer shall be
  responsible for marking and identifying the exhibits entered into the record
  and may be assisted by a court reporter when one is present. The Appellant's
  exhibits shall be filed and submitted to the Department's Legal Division at its
  office in Lincoln, Nebraska, for distribution to the assigned Hearing Officer.
  It is the Appellant's responsibility to ensure that all participants at hearing
  have received copies of the Appellant's exhibits or materials prior to the
  hearing.
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 247-1-019 - CONDUCT OF HEARING

Current through June 17, 2024
019.01
Conduct of the Hearing.
The hearing and
  any prehearing conference may be conducted in person or by telephone, video
  conference, or other electronic means at the discretion of the Director, and
  all parties may participate by such means at the discretion of the
  Director.
019.02
Persons With Special Needs.
If the
  Appellant has a physical or other special need in regard to the accessibility
  of the venue of the hearing, the Appellant shall notify the Department no later
  than five days prior to the hearing in writing so that the Department can
  arrange an accessible hearing location.
019.03
Open to the
  Public.
Informal and formal hearings conducted under these
  rules and regulations shall be open to the public except that upon motion of
  the Appellant, the Department, or his or her own motion, the Hearing Officer
  may order that the hearing be closed. The Hearing Officer may, at his or her
  discretion, set rules for the conduct of news media coverage of the hearing and
  may control the conduct of any persons attending.
019.04
Appropriate
  Behavior.
Inappropriate, rude, obstructive, or badgering
  behavior will terminate the hearing.
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 247-1-020 - HEARING PROCEDURES

Current through June 17, 2024
020.01
Format for Informal Hearings.
The
  following format shall generally be used for informal hearings:
020.01A The hearing shall be at the time and
  in the manner specified in the Notice of Hearing or as soon thereafter as the
  same may be heard. The hearing Officer opens the hearing, introduces him or
  herself, states whether the Appellant and arresting officer(s) are present and
  enters the appearance of any attorneys for the Appellant and/or participants
  into the record;
020.01B The
  Hearing Officer states the scope and purpose of the hearing;
020.01C The Hearing Officer offers the
  Department's exhibits into the hearing record, and rules on any objections to
  the exhibits;
020.01D The Hearing
  Officer disposes of any pending motions, petitions or stipulations and other
  matters that need to be dealt with before evidence is taken;
020.01E The Hearing Officer first administers
  an oath or affirmation to any interpreter who may be present to assist with the
  hearing. He or she shall administer an oath or affirmation to any witness prior
  to his or her testimony. The Hearing Officer may take evidence from witnesses;
  the Appellant may ask questions of the witnesses, re-direct examination and
  re-cross examination follows until testimony is completed;
020.01F During the hearing, any exhibits
  offered by either party are marked and received into the record on the judgment
  of the Hearing Officer;
020.01G The
  Hearing Officer allows closing argument; and adjourns the hearing;
020.01H If an Appellant desires to request
  that the record be held open for additional evidence, the Hearing Officer may
  hold the record open for receipt of additional evidence. Holding the record
  open shall not stay the effective date of the order of administrative license
  revocation.
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 247-1-021 - EVIDENCE

Current through June 17, 2024
021.01
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 admit and give probative effect to evidence
  which possesses probative value commonly accepted by reasonably prudent persons
  in the conduct of their affairs.
021.01A
Incompetent, Irrelevant or Immaterial
  Evidence.
Incompetent, irrelevant or immaterial evidence
  may be excluded.
021.01B
Unduly Repetitious Evidence.
Unduly
  repetitious evidence may be excluded.
021.01C
Hearsay.
Hearsay is admissible as
  evidence.
021.01D
Records of the Department.
Records and
  documents in the possession of the Department may be received in evidence in
  the form in which the same are kept, and without certification.
021.01E
Recordings.
Visual or audio recordings
  may be admitted into evidence at the discretion of the Hearing
  Officer.
021.01F
Privilege.
The rules of privilege apply
  in informal hearings.
021.01G
Official Notice.
In the conduct of a
  hearing, the Hearing Officer may take official notice of such facts as would be
  so noticed by the district courts of Nebraska including Nebraska statutes, case
  law, and Department rules and regulations, and in addition thereto, may take
  notice of general, technical, or scientific facts within the specialized
  knowledge of the Department and the rules and regulations adopted and
  promulgated by the agency. Parties to the proceedings shall be notified before
  or during the hearing of any specialized, technical, or scientific facts to be
  so noticed, and opportunity shall be afforded to contest such noticed
  facts.
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 247-1-022 - RULES OF EVIDENCE

Current through June 17, 2024
022.01
Informal Hearings.
Hearings are conducted
  informally unless an Appellant requests the Department be bound by the rules of
  evidence applicable in district courts.
022.02
Motion for Formal
  Hearing.
An Appellant or the Department may file a motion
  for a rules of evidence hearing by delivering a written request to the
  Department at least three days prior to the holding of the hearing. Such
  request shall include the requesting Appellant's agreement to be liable for the
  payment of costs incurred thereby and upon any appeal or review thereof;
  including the costs of court reporting services which the requesting Appellant
  shall procure for the hearing.
022.03
Failure to Provide
  Court Reporter.
If the Appellant fails to provide a court
  reporter, the request for rules of evidence shall be deemed waived, and the
  hearing shall proceed informally.
022.04
Costs.
All costs of a formal hearing
  shall be paid by the Appellant or the Department against whom a final decision
  is rendered.
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 247-1-023 - BRIEFS AND ARGUMENTS

Current through June 17, 2024
023.01
Closing Arguments.
Arguments may be heard
  at the close of the hearing at the discretion of the Hearing Officer and the
  length of the closing statement may be limited at the discretion of the Hearing
  Officer.
023.02
Briefs, When Required, Form.
The Hearing
  Officer may order the Appellant or the Department or both to submit briefs. A
  brief may be submitted with or without leave of the Hearing Officer. Briefs
  must be submitted and received no later than five days after the close of the
  hearing. The time allowed for submission of briefs shall not stay the
  administrative license revocation. If a brief is submitted without leave of the
  Hearing Officer, it will not be considered unless the Hearing Officer is
  advised at the close of the hearing to expect the brief.
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 247-1-024 - RECORD

Current through June 17, 2024
024.01
Official Record,
  Recording by Hearing Officer.
The Hearing Officer shall
  record the proceedings. This recording by the Hearing Officer, along with all
  exhibits received during the hearing, all pleadings, motions, continuances,
  objections, exceptions, judicially noted facts, and briefs filed at the hearing
  or timely thereafter, shall constitute the entire official record of the
  hearing.
024.02
Other Recordings.
Any Appellant may
  record the proceedings in any manner that is consistent with a judicial
  proceeding.
024.03
Transcript.
The testimony will only be
  transcribed when an appeal has been properly filed in a court of appropriate
  jurisdiction.
024.04
Record When Rules of Evidence Have Been
  Requested.
The court reporter shall record the proceedings.
  The recording by the court reporter, along with all exhibits and other briefs,
  memoranda, received into the record, shall constitute the record of the
  hearing. The Appellant shall be responsible for procuring a court reporter and
  for the cost of the court reporter.
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 247-1-025 - DECISIONS AND FINAL ORDER; REVOCATION PERIOD

Current through June 17, 2024
025.01
In Writing.
After a hearing, every
  decision and order rendered by the Director shall be in writing and shall be
  accompanied by findings of fact and conclusions of law reached by the Director.
  The findings of fact shall consist of a concise statement of the conclusions
  upon each contested issue of fact. If the order is for the revocation of the
  operator's license, the order shall set forth the period of
  revocation.
025.02
Service of Order.
The order will be
  mailed to the Appellant at the address provided to the Director at the hearing,
  or to the address appearing on the Appellant's petition. The failure of the
  Appellant to claim an order shall not prevent a revocation from going into
  effect.
025.03
Copies.
Copies of the decision, order and
  findings of fact and conclusions of law shall be sent to the Appellant's
  attorney if there is an attorney of record.
025.04
Computer Generated
  (Automatic) Order of Revocation.
The Department will mail a
  computer generated
Order of Administrative License Revocation
to the arrested person indicating the day the automatic order of revocation
  goes into effect and the period of revocation. It will be mailed regardless of
  whether the person requests a hearing and may take effect prior to the hearing.
  If the arrested person does not file a timely petition for hearing, the
  computer generated order will be the only revocation order sent. The computer
  generated order is not appealable.
025.05
Effective Date Of
  Revocation.
The effective date of the revocation shall be
  15 days from the date of the arrest if the officer provides Notice of
  Revocation, or from the date of mailing of the notice if the Director provides
  Notice of Revocation.
025.06
Revocation Periods.
The motorist's
  operator's license shall be revoked as follows:
025.06A
Failure of
  Test.
The revocation period for a person who submits to an
  alcohol test showing an alcohol level in excess of the concentration specified
  in Neb. Rev. Stat. §
										60-6,196 shall have his or her
  license revoked for a period of 180 days. Except, if the person's driving
  record abstract maintained in the Department's computerized records show one or
  more prior administrative license revocations during the immediately preceding
  15-year period at the time the order of revocation is issued, the period of
  revocation shall be one year.
025.06B
Refusal of
  Test.
The revocation period for a person who refuses a
  chemical test shall be one year.
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 247-1-026 - COMPUTATION OF TIME

Current through June 17, 2024
In computing time, days will be computed by excluding the day of the
	 act or event and including the last day of the period. If the last day of the
	 period falls on a Saturday, Sunday, or State holiday, the period shall include
	 the next working day. Any pleading received by the Department by facsimile
	 transmission after normal business hours shall be deemed received the next
	 business day.
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 247-1-027 - APPEAL

Current through June 17, 2024
027.01
District Court of
  County of Arrest.
Any person who feels himself or herself
  aggrieved because of such revocation after a hearing may appeal therefrom to
  the district court of the county where the alleged events occurred for which he
  or she was arrested. The appeal must be filed within 30 days after the service
  of the final decision by the agency.
027.02
Administrative
  Procedure Act.
Such appeal shall be made in accordance with
  the Administrative Procedure Act. The Department shall be a party of record for
  purposes of appeal to a district court.
027.03
Stay Upon
  Appeal.
Such appeal shall not suspend the order of
  revocation.
027.04
Transcript.
The Department will prepare
  the official record of the agency after notification that the Appellant served
  the Attorney General as provided in the manner provided for service of summons
  in Neb. Rev. Stat. §
									25-510.02.
027.05
Cost of Preparation
  of Official Record.
The Department shall charge the
  petitioner with the reasonable direct cost or require the petitioner to pay the
  cost for preparing the official record for transmittal to the court.
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 247-1-028 - DISMISSAL AND REINSTATEMENT

Current through June 17, 2024
The Department shall dismiss the administrative license revocation or
	 immediately reinstate the license without payment of the reinstatement fee for
	 those Appellants or licensees whose operator's license is subject to revocation
	 for failure of a chemical test under
Neb. Rev. Stat.
§
									60-498.01(3) 
	 upon receipt of the Department by any of the following:
028.01
Prosecuting Attorney
  Dismissal.
The prosecuting attorney responsible for the
  matter stating that they declined to file a complaint or dismissed a filed
  complaint alleging a violation of Neb. Rev. Stat. §
									60-6,196 or a city or village
  ordinance enacted in conformance with such section prior to trial. A copy of
  the court document or a written statement will be considered suitable
  evidence.
028.02
Copy of Judgment.
A copy of the judgment
  showing that in the criminal action on the charge of a violation of Neb. Rev.
  Stat. §
									60-6,196 or a city or village
  ordinance enacted in conformance with such section arising from the same
  incident, the court held one of the following:
028.02A The peace officer did not have
  probable cause to believe the person was operating or in the actual physical
  control of a motor vehicle in violation of Neb. Rev. Stat. §
										60-6,196 or a city or village
  ordinance enacted in conformance with such section; or
028.02B The person was not operating or in
  the actual physical control of a motor vehicle while having an alcohol
  concentration in violation of Neb. Rev. Stat. §
										60-6,196 or a city or village
  ordinance enacted in conformance with such section.
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 247-1-029 - EFFECTIVE DATE OF THESE RULES AND REGULATIONS

Current through June 17, 2024
This amendment shall become effective as provided in the Administrative
	 Procedure Act.
Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 247 - NEBRASKA ADMINISTRATIVE CODE, NEBRASKA DEPARTMENT OF MOTOR VEHICLES › Chapter 2 - RULES AND REGULATIONS FOR DRIVER TRAINING SCHOOLS AND INSTRUCTORS PURSUANT TO NEB. REV. STAT. Sections 60-4,173 THROUGH 60-4,179 › Section 247-2-001 - SCOPE

Current through June 17, 2024
These rules and regulations apply to the following entities and
	 individuals:
001.01 Any driver
  training school as defined in these rules and regulations, except those which
  teach a Department approved driver's safety course for a provisional operator's
  permit (that course is controlled by Title 247 NAC 11) or Department approved
  motorcycle safety education program (that course is controlled by Title 247 NAC
  6); and
001.02 Any driver training
  instructor as defined in these rules and regulations.
Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 247 - NEBRASKA ADMINISTRATIVE CODE, NEBRASKA DEPARTMENT OF MOTOR VEHICLES › Chapter 2 - RULES AND REGULATIONS FOR DRIVER TRAINING SCHOOLS AND INSTRUCTORS PURSUANT TO NEB. REV. STAT. Sections 60-4,173 THROUGH 60-4,179 › Section 247-2-002 - DEFINITIONS

Current through June 17, 2024
002.01
Contact
  person.
Contact person means the authorized person designated to act on behalf
	 of the school as the contact person with the Department.
002.02
Department.
Department means the Nebraska Department of Motor Vehicles.
002.03
Director.
Director means the Director of the Department of Motor Vehicles.
002.04
Driver
  training school.
Driver training school means a business enterprise conducted by an
	 individual, association, partnership, limited liability company, corporation
	 (for profit or non profit), or a public or private educational facility which
	 educates or trains persons to operate motor vehicles and which charges
	 consideration or tuition for such service or materials.
002.05
Entry level
  course.
Entry level course means a course administered to entry level students
	 that consists of six hours of classroom and six hours of behind-the-wheel
	 training, as set out in section 005.
002.06
Entry level
  student.
Entry level student means a student who has either a) failed three
	 successive drive tests from the department so that he or she may not retest for
	 90 days, or b) has not held a valid driver's license from this or any other
	 U.S. state or jurisdiction within the last five years.
002.07
Instructor.
Instructor means any person who teaches, conducts classes, gives
	 demonstrations or supervises practical training of persons learning to operate
	 motor vehicles in connection with operation of a driver training school.
002.08
Remedial
  course.
Remedial course means a course administered to remedial level students
	 as set forth in section 006.
002.09
Remedial level
  studen.
t
Remedial level student means a student who feels he or she needs
	 improvement in classroom or behind the wheel skills and either a) has held a
	 valid driver's license from an US state or jurisdiction within the past five
	 years, or b) has completed an entry level course.
002.10
School
  representative.
School representative means an individual applicant, partner,
	 associate, corporate director, officer or manager of a driver training
	 school.
Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 247 - NEBRASKA ADMINISTRATIVE CODE, NEBRASKA DEPARTMENT OF MOTOR VEHICLES › Chapter 2 - RULES AND REGULATIONS FOR DRIVER TRAINING SCHOOLS AND INSTRUCTORS PURSUANT TO NEB. REV. STAT. Sections 60-4,173 THROUGH 60-4,179 › Section 247-2-003 - General Requirements for a Driver Training School

Current through June 17, 2024
003.01
Building.
The school will continuously maintain a place of business which
	 includes at least one permanent, regularly occupied structure within the State
	 of Nebraska. The classroom must be able to accommodate students comfortably and
	 to ensure proper safety, including:
003.01A Textbooks and reference books
  relating to the proper operation of motor vehicles and traffic laws;
003.01B Ample working and testing space for
  enrolled students and observers; and
003.01C Ready access to restrooms.
Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 247 - NEBRASKA ADMINISTRATIVE CODE, NEBRASKA DEPARTMENT OF MOTOR VEHICLES › Chapter 2 - RULES AND REGULATIONS FOR DRIVER TRAINING SCHOOLS AND INSTRUCTORS PURSUANT TO NEB. REV. STAT. Sections 60-4,173 THROUGH 60-4,179 › Section 247-2-004 - Application Requirements for Driver Training Schools

Current through June 17, 2024
Each original and renewal driver training school license application
	 shall contain information consisting of:
004.01
Contact
  Person.
The name, title, current address, electronic contact (email), and
	 telephone number of the school's contact person;
004.02
Instructors.
The name, electronic contact (email), date of birth, driver's license
	 number and home address of all instructors;
004.03
Motor
  Vehicles.
A schedule of motor vehicles owned or leased;
004.04
Name.
The name, address, telephone number of the driver training
	 school;
004.05
Insurance.
Valid insurance certificate or insurance policy detailing the coverage
	 for motor vehicles used in the course (as set forth in section 007.02) and
	 current commercial general liability insurance coverage of $1,000,000.
004.06
Signature.
Signature of the school representative certifying that the information
	 included in the application is true and accurate;
004.07
Owners.
The names and addresses of all business owners;
004.08
Class
  Description.
An overview or outline of the course or courses to be offered by the
	 driver training school including the amount of classroom and/or
	 behind-the-wheel time and/or a statement that the school provides entry level
	 student training (it is not necessary to outline the entry level student
	 course); and
004.09
Other Information.
Any other information deemed necessary by the
	 Department.
Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 247 - NEBRASKA ADMINISTRATIVE CODE, NEBRASKA DEPARTMENT OF MOTOR VEHICLES › Chapter 2 - RULES AND REGULATIONS FOR DRIVER TRAINING SCHOOLS AND INSTRUCTORS PURSUANT TO NEB. REV. STAT. Sections 60-4,173 THROUGH 60-4,179 › Section 247-2-005 - Entry Level Student Courses of Instruction

Current through June 17, 2024
005.01
Entry Level Student
  Hours.
A minimum of six hours of classroom instruction and six hours of
	 behind-the-wheel instruction must be given to each entry level student.
005.01A
Hospital
  Exemption.
Rehabilitation hospitals which assess needs of
  disabled patients and train for those specific needs are exempt from the
  six-hour behind-the-wheel and the six-hour classroom instruction requirements.
  They are expected to take whatever time is necessary to train the patient
  adequately.
Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 247 - NEBRASKA ADMINISTRATIVE CODE, NEBRASKA DEPARTMENT OF MOTOR VEHICLES › Chapter 2 - RULES AND REGULATIONS FOR DRIVER TRAINING SCHOOLS AND INSTRUCTORS PURSUANT TO NEB. REV. STAT. Sections 60-4,173 THROUGH 60-4,179 › Section 247-2-006 - Remedial Student Courses of Instruction

Current through June 17, 2024
Each driver training school will assess the needs of remedial level
	 students. The school is expected to take whatever time is necessary to train
	 the student adequately.
Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 247 - NEBRASKA ADMINISTRATIVE CODE, NEBRASKA DEPARTMENT OF MOTOR VEHICLES › Chapter 2 - RULES AND REGULATIONS FOR DRIVER TRAINING SCHOOLS AND INSTRUCTORS PURSUANT TO NEB. REV. STAT. Sections 60-4,173 THROUGH 60-4,179 › Section 247-2-007 - Driver Training Motor Vehicles

Current through June 17, 2024
007.01
Vehicle
  registration.
All motor vehicle used in driver training must be registered and
	 insured. The driver training school shall obtain and retain photocopies of the
	 motor vehicle's registration and proof of insurance if it does not own the
	 vehicle itself. The original registration and insurance will be carried in the
	 vehicle when training students.
007.01A
Entry level
  course.
All motor vehicles used for entry level courses,
  except vehicles used by non-profit corporations, must be registered in the
  school's name.
007.01B
Non Profit Corporation and Remedial Student
  Vehicles.
A nonprofit corporation is not required to own or
  register the motor vehicle used in driver training in its name. A school that
  teaches remedial courses only is not required to own or register a motor
  vehicle for driver training in its name.
Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 247 - NEBRASKA ADMINISTRATIVE CODE, NEBRASKA DEPARTMENT OF MOTOR VEHICLES › Chapter 2 - RULES AND REGULATIONS FOR DRIVER TRAINING SCHOOLS AND INSTRUCTORS PURSUANT TO NEB. REV. STAT. Sections 60-4,173 THROUGH 60-4,179 › Section 247-2-008 - School/Student Contracts

Current through June 17, 2024
All written contracts or agreements by or between a driver training
	 school and a student must contain the following:
008.01 A statement indicating the agreed
  contract price, skills to be learned, and terms of payment;
008.02 A statement indicating the specific
  time and date when instruction is to start; and
008.03 The driver's license or permit number
  held by the student.
008.04
Entry Level.
For entry level students only, a statement indicating that the student
	 is to receive at least six (6) hours of classroom instruction and six (6) hours
	 of behind-the-wheel instruction
008.05
Remedial Level Class
  Description.
For remedial students, the contract will provide the student with a
	 written overview or outline of the course or courses to be offered, including
	 the amount of classroom and/or behind-the-wheel time.
008.06 The driver training school shall not
  include a statement in any of its contracts or advertising to the effect that a
  state license is guaranteed.