Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 251 - NEBRASKA ADMINISTRATIVE CODE › Chapter 2 - RULES AND REGULATIONS GOVERNING NOTICE AND HEARING FOR AGENCY CONTESTED CASES PURSUANT TO THE INTERNATIONAL REGISTRATION PLAN, NEB. REV. STAT. 60-305.02 THROUGH 60-305.17, AND THE ADMINISTRATIVE PROCEDURES ACT, NEB. REV. STAT. 84-913 THROUGH 84-920 › Section 251-2-001 - GENERAL

Current through June 17, 2024
001.01
Scope.
These rules and regulations govern practice and procedure before the
	 Department of Motor Vehicles of the State of Nebraska pursuant to the
	 International Registration Plan,
Neb. Rev.
	 Stat.
60-305.02 through 60-305.17, and the Administrative
	 Procedures Act,
Neb. Rev. Stat.
84-913 through
	 84-920.
001.02
Definitions.
The following definitions shall apply as used through these rules and
	 regulations. Terms and conditions found in the International Registration Plan
	 shall also be applicable under these rules and regulations pursuant to
Neb. Rev. Stat.
60-305.09.
001.02A
Appellant
means any person who wishes to
  dispute the claim or deficiency determination of the Department for liability
  under the International Registration Plan.
001.02B
Apportionable
  vehicle
means any vehicle used or intended for use in two
  (2) or more member jurisdictions that allocate or proportionally register
  vehicles and used for the transportation of persons for hire or designed, used,
  or maintained primarily for the transportation of property. Apportionable
  vehicle does not include any recreational vehicle, vehicle displaying
  restricted plates, city pickup and delivery vehicle, bus used in the
  transportation of chartered parties, or government-owned vehicle. Such vehicle
  shall either (a) be a power unit having two (2) axles and a gross vehicle
  weight or registered gross vehicle weight in excess of twenty-six thousand
  (26,000) pounds, (b) be a power unit having three (3) or more axles, regardless
  of weight, or (c) be used in combination when the weight of such combination
  exceeds twenty-six thousand (26,000) pounds gross vehicle weight. Vehicles or
  combinations of vehicles having a gross vehicle weight of twenty-six thousand
  (26,000) pounds or less and two-axle (2-axle) vehicle and buses used in the
  transportation of chartered parties may be proportionally registered at the
  option of the registrant.
001.02C
Audit or Motor Carrier audit
means the
  review of the records of any person registered pursuant to the methods
  established by the International Registration Plan to determine registration
  fees for any owner operating a fleet of vehicles in interstate commerce and the
  physical examination of a Motor Carrier's operational records including source
  documentation to verify fleet mileage and accuracy of a registrant's record
  keeping system.
001.02D
Base jurisdiction
means for purposes of
  fleet registration, the jurisdiction where the registrant has an established
  place of business, where mileage is accrued by the fleet and where operational
  records of such fleet are maintained or can be made available as provided by
  the IRP.
001.02E
Cancellation
means the voluntary
  surrender of a registrant's registration by the registrant.
001.02F
Contested
  case
means a proceeding before the Department in which the
  legal rights, duties, or privileges of specific parties are required by law or
  constitutional right to be determined after an agency hearing.
001.02G
Deficiency
  determination
means a finding by audit that the registrant
  has not paid sufficient fees to cover obligations to a jurisdiction pursuant to
  the International Registration Plan.
001.02H
Department
means the Nebraska Department
  of Motor Vehicles and the Division of Motor Carrier Services of the Department
  of Motor Vehicles.
001.02I
Director
means the Director of the
  Nebraska Department of Motor Vehicles or his or her designee and includes the
  Motor Carrier Services Division of the Nebraska Department of Motor
  Vehicles.
001.0J
Division
shall mean the Division of Motor
  Carrier Services of the Department of Motor Vehicles.
001.02K
Ex parte
  communication
means 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:
001.02K1 Communications which do not pertain
  to the merits of the case;
001.02K2
  Communications required for the disposition of ex parte matters as authorized
  by law;
001.02K3 Communications in
  a rulemaking or rate making proceeding; and
001.02K4 Communications to which all parties
  have given consent.
001.02L
Final
  assessment
means the amount of the deficiency determination
  thirty (30) days after the date on which notice of the deficiency determination
  was mailed to the registrant unless a written protest is filed with the
  Department within such thirty-day (30-day) period.
001.02M
Hearing
  officer
means the person or persons conducting a hearing,
  contested case or other proceeding pursuant to the Administrative Procedure
  Act, whether designated as the presiding officer, administrative law judge or
  some other title designation.
001.02N
IFTA
means the International Fuel Tax Agreement.
001.02O
IRP
means the International Registration
  Plan which is a reciprocal agreement between member jurisdictions authorized by
Neb. Rev. Stat.
60-305.03(2), the purpose of which is
  to promote and encourage the fullest possible use of the highway system by
  authorizing apportioned registration of fleets of vehicles, and the recognition
  of vehicles apportioned in other jurisdictions, thus contributing to the
  economic and social development and growth of jurisdictions.
001.02P
Jurisdiction
means any government of any
  state or country or subdivision or agency thereof participating in the
  IRP.
001.02Q
Late
  billing notice
means the registrant has failed to fully pay
  all registration fees due.
The late billing notice will be cause for the suspension of the
	 registration and operating privileges of the registrant. .
001.02R
Motor
  Carrier
means any individual, firm, partnership, limited
  liability company, agency, association, corporation which registers a fleet of
  vehicles pursuant to the IRP.
001.02S
Party
means the appellant or person by whom a contested case is
  brought and the Department against whom a contested case is brought and may
  include any person allowed to intervene in a contested case pursuant to the
  procedures in section 004 of these rules and regulations.
001.02T
Person
means any individual, firm,
  partnership, limited liability company, agency, association, corporation,
  state, country, municipality, or other political subdivision.
001.02U
Petition
means the initial document filed
  by or with the Department that sets forth a claim or request for Department
  action.
001.02V
Pleading
means any written application,
  petition, complaint, answer, reply, notice, stipulation, objection, motion,
  order, or other formal written document used in a proceeding before the
  Department.
001.02W
Proceeding
means all matters formally
  made in connection with any appeal by a registrant under the IRP.
001.02X
Record-keeping
  requirements
means the records required by IRP to be
  maintained by a registrant operating a fleet of apportioned vehicles.
001.02Y
Registrant
means any person, individual, firm, partnership, limited liability company,
  agency, association, corporation, or organization registering vehicles pursuant
  to the IRP.
001.02Z
Revocation
means the withdrawal of
  registration and operating privileges by the Department.
001.02AA
Suspension
means placing the registrant
  on notice of failure to comply with the requirements of the IRP.
001.02BB
Temporary
  authority
means the provision by a jurisdiction of a means
  of temporary registration for the movement of new or unlicensed equipment
  pending receipt of apportioned license plates and cab cards as authorized by
  IRP Section 704.