Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 251 - NEBRASKA ADMINISTRATIVE CODE › Chapter 3 - RULES AND REGULATIONS GOVERNING NOTICE AND HEARING FOR AGENCY CONTESTED CASES CONCERNING RETURNED CHECKS OR DRAFTS FROM MOTOR CARRIERS AND CARRIERS WHO HAVE BEEN PREVIOUSLY REVOKED FOR THE INTERNATIONAL REGISTRATION PLAN, INTERNATIONAL FUEL TAX AGREEMENT OR THE SINGLE STATE REGISTRATION PLAN PURSUANT TO NEB. REV. STAT. 60-305.17, 66-1406.01 AND 66-1406.02 AND THE ADMINISTRATIVE PROCEDURE ACT 84-913 TO 84-920 › Section 251-3-001 - GENERAL

Current through June 17, 2024
001.01
Scope
  .
Rules and regulations governing notice and hearing for agency contested
	 cases concerning returned checks or drafts from motor carriers and carriers who
	 have been previously revoked for the international registration plan,
	 international fuel tax agreement or the single state registration plan pursuant
	 to
Neb. Rev. Stat.
60-305.17, 66-1406.01 and 66-1406.02
	 and the Administrative Procedure Act 84-913 to 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,
	 International Fuel Tax Agreement, and Single State Registration System, shall
	 also be applicable under these rules and regulations pursuant to
Neb. Rev. Stat.
60-305.09,
Neb. Rev.
	 Stat.
66-1404, and
Neb. Rev. Stat.
75-348
	 through 75-548.
001.02A
Appellant
means any applicant,
  certificate holder, or licensee who files a petition pursuant to
Neb. Rev. Stat.
60-305.17 or
Neb. Rev.
  Stat.
66-1406.02 to a proposed action by the Department.
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
Cancellation
means the surrender of a
  registrant's registration or license pursuant to statute and regulation or
  terms of IRP or IFTA by registrant.
001.02D
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.
001.02E
Deficiency
  determination
means a finding by audit that the registrant
  or licensee has not paid sufficient fees or taxes to cover obligations to a
  jurisdiction pursuant to the IRP or IFTA.
001.02F
Department
means the Nebraska Department
  of Motor Vehicles and the Division of Motor Carrier Services of the Department
  of Motor Vehicles.
001.02G
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.
001.02H
Division
shall mean the Division of Motor
  Carrier Services of the Department of Motor Vehicles.
001.02I
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:
001.02I1 Communications which do not pertain
  to the merits of the case;
001.02I2
  Communications required for the disposition of ex parte matters as authorized
  by law;
001.02I3 Communications in
  a rulemaking or rate making proceeding; and
001.02I4 Communications to which all parties
  have given consent.
001.02J
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.
001.02K
IFTA
shall mean the International Fuel
  Tax Agreement which is a cooperative fuel tax agreement entered into under
Neb. Rev. Stat.
66-1404, the purpose of which is to
  simplify the motor fuel licensing, bonding, reporting, and remittance
  requirements imposed on motor carriers involved in interstate
  commerce.
001.02L
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.
001.02M
Jurisdiction
means any government of any
  state or country or subdivision or agency thereof participating in the IRP or
  the IFTA.
001.02N
Late billing notice
means a notice of
  suspension sent if the registrant has failed to fully pay all registration fees
  due. Failure to pay with within thirty (30) days of the date of the late
  billing notice will be cause for the revocation of the registration and
  operating privileges of the registrant.
001.02O
Licensee
means a person licensed pursuant
  to the methods established in subdivision (2) of 66-1406, and
  66-1406.01.
001.02P
Motor carrier
means any individual, firm,
  partnership, limited liability company, agency, association, corporation which
  registers a fleet of vehicles pursuant to IRP or is licensed under the IFTA or
  hold SSRS authorization.
001.02Q
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 003 of these rules and
  regulations.
001.02R
Person
means any individual, firm,
  partnership, limited liability company, agency, association, corporation,
  state, country, municipality, or other political subdivision.
001.02S
Petition
means the initial document filed
  by or with the Department that sets forth a claim or request for Department
  action.
001.02T
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.
001.02U
Proceeding
means all matters formally
  made in connection with any appeal by a registrant or licensee pursuant to
  60-305-17 or 66-1406.02.
001.02V
Proposed action
means a action to
  suspend, revoke, cancel or refuse to issue or renew a registration certificate
  pursuant to 60-305.17 or 66-1406.02.
001.02W
Registrant
means any person, individual,
  firm, partnership, limited liability company, agency, association, corporation,
  or organization registering vehicles pursuant to the IRP.
001.02X
Returned check or
  draft
means any payment given to the Department which has
  been returned because of insufficient funds, no funds, or a stop-payment
  order.
001.02Y
Revocation
means the withdrawal of a
  license or registration and operating privileges or SSRS authorization by the
  Department.
001.02Z
SSRS
means the Single State Registration
  System for motor carriers authorized by section 4005 of the Intermodal Surface
  Transportation Efficiency Act of 1991 and by applicable rules and regulations
  promulgated by the Interstate Commerce Commission or its successor agency.
001.02AA
Suspension
means placing the registrant
  on notice of failure to comply with the requirements of IRP or the IFTA.
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.