reglab/statecodes huggingface dataset:
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 251-2-010 - APPLICATIONS AND RENEWAL, PROCEDURES, AND POWERS OF THE DEPARTMENT

Current through June 17, 2024
010.01
Required
  Documentation.
The Department may require the registrant to submit any documentation
	 it deems necessary as allowed by 60-305.09 through 60-305.17 or the IRP.
010.02
Applications and Renewals.
The Department may adopt formats or procedures for applications and
	 renewal consistent with the IRP and 60-305.09 through 60-305.17, including
	 procedures for electronic filing for vehicle registration as may be
	 developed.
010.03
Failure to Complete Application or Renewal
  Process.
Any person who begins but does not fully complete the application or
	 renewal process as provided by the Department when required, or who fails to
	 use the prescribed formats and procedures, shall not be considered to have
	 completed the IRP registration process and shall not be properly
	 registered.
010.04
Procedures.
Registrants are required to follow the IRP Apportion Registration
	 Manual compiled and issued by the Division of Motor Carrier Services of the
	 Department of Motor Vehicles pursuant to the IRP. Provisions of the manual
	 shall be considered binding on registrants. All registrants shall be given a
	 copy of the manual upon initial registration and provided updates as may be
	 necessary. Provisions of the manual shall be admissible at hearing as records
	 of the Department in the form that they are kept.
010.05
Compliance Dates for
  Renewal Application.
All Nebraska-based registrants previously apportioned before September
	 1 of any year will receive a computer generated renewal application. The
	 following compliance dates will apply:
November 1
, preceding the year
	 for which registration is sought, all renewal applications are due.
January 1
, payment of fees for the
	 current registration year to guarantee receipt of credentials by the
	 enforcement date.
February 1
, credentials
	 for the new licensing year must be displayed.
010.06
Completion of
  Application.
Upon completion of the processing of an application and the receipt of
	 appropriate fees from the applicant for registration, the division shall issue
	 to the applicant for registration a sufficient number of distinctive
	 registration certificates and such other evidence of registration for display
	 on the vehicle as the division determines appropriate for each of the vehicles
	 of the applicant for registration's fleet, identifying it a part of an
	 interstate fleet proportionately registered.
010.07
Director's
  Power.
s
The Director of the Department shall ratify and do all things
	 necessary to effectuate the IRP with such exceptions as are deemed advisable
	 and such changes as are necessary.
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 251-2-011 - ADDITIONAL ASSESSMENT

Current through June 17, 2024
If adequate records are not maintained or are not made available for
	 audit, the registrant may lose the right to apportioned registration and may be
	 subject to a possible full fee assessment.
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 251-2-012 - DENIAL OR REVOCATION OF REGISTRATION; GROUNDS

Current through June 17, 2024
The Department may refuse to issue, deny registration, or revoke a
	 registrant's temporary authority or operating authority for any reason given
	 below:
012.01
Failure to Fully Complete an Application.
After reviewing an application which is not in proper form, or lacks
	 necessary information, the Department may deny registration until the applicant
	 for registration fully complies with the application requirements.
012.02
Failure
  to Pay Fees or Failure to Pay a Deficiency Determination.
The Department may refuse to issue a registration to or revoke the
	 registration of any registrant which previously had apportioned registration
	 pursuant to the laws of this jurisdiction if the registrant:
012.02A
Fails to Pay a
  Final Assessment.
Any registrant which has failed to pay or
  satisfy a deficiency determination which has become a final
  assessment.
012.02B
Fails to Pay the Appropriate Fees.
The
  registrant's operating privileges will be suspended upon the mailing of the
  late billing notice. Any registrant whose account is delinquent more than
  thirty (30) days past the date of the late billing notice will be
  revoked.
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 251-2-013 - AUDITS BY THE DEPARTMENT; DEFICIENCY DETERMINATIONS; AND PROCEDURE

Current through June 17, 2024
013.01
Examination and
  Audit.
Under the provisions of IRP, all registrants electing to license and
	 register their vehicles on an apportioned basis are subject to audit.
	 Generally, the Division of Motor Carrier Services of the Department will audit
	 apportioned applications and supporting records of registrants based in
	 Nebraska. Audits may be made by the Commissioners of the several jurisdictions
	 under Article XVI, section 1606, of the International Registration Plan.
013.02
Authority
  .
Pursuant to Article XVI, section 1600, of the IRP, the base
	 jurisdiction shall audit the registrants displaying a base plate of the
	 jurisdiction as to the authenticity of mileage figures derived from operational
	 records and registrations.
013.03
Final
  Assessment.
If a greater amount of fee is due pursuant to 60-305.09 than was paid,
	 the Department shall notify the registrant in writing of the additional amount
	 claimed to be due. The amount of the deficiency determined shall constitute a
	 final assessment thirty (30) days after the date on which notice was mailed to
	 the registrant at his or her last known address unless a written protest is
	 filed with the Department within such thirty-day (30-day) period.
013.04
Final
  Decision .
An order pursuant to 008 shall constitute a final decision for purposes
	 of the Administrative Procedure Act.
013.05
Compliance with
  Procedures.
All audits conducted by the Department shall be in compliance with the
	 requirements that are established by IRP in the agreement and shall follow the
	 procedures as outlined in the IRP procedures manual.
013.06
Audits Performed
  Prior to July 1, 1996.
Any audit performed by the Nebraska Department of Revenue for IFTA
	 purposes may be relied upon for purposes of enforcement of IRP by the
	 Department's Division on or after July 1, 1996 pursuant to LB 1218,
	 1996.
013.07
Failure of the Registrant to Maintain Adequate
  Records.
If adequate records are not maintained or are not made available for
	 audit, the registrant may lose the right to apportioned registration and may be
	 subject to a possible full fee assessment.
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 251-2-014 - RECORD-KEEPING REQUIREMENTS

Current through June 17, 2024
Records shall be kept as specified in the IRP for a period of five (5)
	 years to substantiate three (3) previous years of registration. All information
	 must be readable and accurate. If adequate records are not maintained and or
	 made accessible for audit, the registrant may lose the right to apportioned
	 registration and may be subject to a possible full-fee assessment.
014.01
Acceptable
  Documentation.
An Individual Vehicle Mileage and Fuel Record or similar trip record
	 shall be maintained. Such record must be completed for each movement of the
	 vehicle (interstate and intrastate) including loaded, empty, dead-head, and or
	 bobtail miles. Miles operated on trip permits must be included. Acceptable
	 documentation shall include:
014.01A
  Date of trip (starting and ending);
014.01B Trip origin and destination
  (including odometer or hubometer readings at each);
014.01C Routes of travel or odometer reading
  at jurisdiction line;
014.01D Total
  trip miles;
014.01E Miles by
  jurisdiction;
014.01G Unit number
  or vehicle identification number;
014.01H Vehicle fleet number;
014.01I Registrant's name; and
014.01J Driver's signature or name.
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 251-2-015 - REVOCATION, OR CANCELLATION OF REGISTRATION; REGISTRANT'S DUTIES

Current through June 17, 2024
Upon revocation by the Department or cancellation of registration by
	 the registrant, the registrant shall:
015.01 Return the registrant's IRP
  registration certificates and all license plates; and
015.02 Revocation of registration issued by
  the Department or cancellation of registration by the registrant shall not
  relieve any person from a periodic audit by the Department for those periods
  that the registrant had active apportioned registration.
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 251-2-016 - CREDITS AND REFUNDS

Current through June 17, 2024
016.01
Transfers.
Nebraska will transfer apportioned registration fees from a deleted
	 unit to an added unit, provided the registrant has lost possession of the
	 vehicle and the vehicle has been permanently removed from the fleet as provided
	 by 60-305.09. Such refunds or credits shall be subject to the laws of
	 participating jurisdictions and approved only under conditions and procedures
	 provided in the IRP Apportion Manual.
016.02
Trailer
  Units.
Nebraska does not allow credit or refund for the fees paid on trailer
	 units.
016.03
Refunds.
The refund will be calculated based on the postmark date of the
	 application deleting the vehicle.
016.04
Refunds in Other
  Jurisdictions.
Refunds are issued for Nebraska fees only. Nebraska cannot authorize
	 the refund of other jurisdiction's fees.
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 251-2-017 - TEMPORARY AUTHORITY; PROCEDURES FOR LATE BILLING NOTICE

Current through June 17, 2024
017.01
Temporary
  Authority.
Upon application to the Department for apportioned registration by a
	 motor carrier, the Department may grant a registrant temporary authority to
	 permit the operation of a fleet or an addition to a fleet in this jurisdiction
	 while the application is being processed if necessary to complete processing of
	 the application. Such temporary authority may be suspended and/or revoked by
	 the Department if the registrant fails to pay registration fees in full in a
	 timely manner.
017.02
Fails to Pay the Appropriate Fees.
The registrant's operating privileges will be suspended upon the
	 mailing of the late billing notice. Any registrant whose account is delinquent
	 more than thirty (30) days past the date of the late billing notice shall be
	 revoked.
017.03
Late Billing Notice.
Late billing notices shall be sent to the registrant by certified mail
	 to the last known business address as shown on the application for the
	 certificate or renewal.
017.04
Suspension or
  Revocation Rescinded upon Full Payment.
Such suspension of registration or revocation of registration may be
	 summarily rescinded by the Department upon full payment by the registrant to
	 the Department of the required delinquent fees.
017.05
Effect of Bad
  Checks.
The Department may revoke or deny registration of any registrant who is
	 in arrears for the Single State Registration System or the International Fuel
	 Tax Agreement or any applicant for registration who has issued a check or a
	 draft to the Department which has been returned because of insufficient funds,
	 no funds, or a stop payment order. Such denials or revocations may be appealed
	 pursuant to
Neb. Rev. Stat.
60-305.17, or
	 66-1406.02.
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 › Attachment 1

Current through June 17, 2024
Click
	 here to view
Click
	 here to view
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 251-3-002 - PROHIBITIONS AGAINST EX PARTE COMMUNICATIONS

Current through June 17, 2024
002.01
Prohibitions; When
  Applicable.
The prohibitions found in this section shall apply beginning at the
	 time notice for hearing is given.
002.02
Prohibitions; to
  Whom Applicable.
002.02A
Parties and Public.
No party in a
  contested case or other person outside the agency having interest in the
  contested case 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 decision making process of the
  contested case.
002.02B
Persons in Decision Making Roles.
No
  hearing officer or agency head or employee who is or may reasonably be expected
  to be involved in the decision making process of the contested case shall make
  or knowingly cause to be made an ex parte communication to any party in a
  contested case or other person outside the agency having an interest in the
  contested case.
002.02C
Investigators.
No agency head or employee
  engaged in the investigation or enforcement of a contested case shall make or
  knowingly cause to be made an ex parte communication to a hearing officer or
  agency head who is or may reasonably be expected to be involved in the decision
  making process of the contested case.
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 251-3-003 - INTERVENTION IN A CONTESTED CASE

Current through June 17, 2024
003.01
Intervention; When
  Allowed.
Intervention shall be allowed when the following requirements are
	 met:
003.01A A petition for the
  intervention must be submitted in writing to the hearing officer or designee at
  least five (5) days before the hearing. Copies must be mailed by the appellant
  for intervention to all parties named in the hearing officer's notice of
  hearing;
003.01B The petition must
  state facts demonstrating that the appellant's legal rights, duties,
  privileges, immunities, or other legal interests may be substantially affected
  by the proceeding or that the appellant qualifies as an intervenor under any
  provision of law; and
003.01C The
  hearing officer or designee 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 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 251-3-004 - COMMENCEMENT OF A CONTESTED CASE

Current through June 17, 2024
004.01
Notice.
A registrant who receives a written notice of a proposed action may
	 file an appeal by petitioning the Department as specified below. The owner may
	 accept such claim and pay the amount due, or he or she my dispute the claim by
	 filing the petition.
004.02
Petition, Manner of Service.
A registrant must file a petition to appeal a proposed action as
	 follows:
004.02A
Thirty (30) Days to Appeal.
A registrant
  who wishes to appeal the proposed action must file a written petition for
  appeal with the Department within thirty (30) days of the date of the written
  notice of proposed action. A petition shall state material factual allegations
  and state concisely the action the Department is being requested to take, and
  shall contain the name of the appellant and shall be signed by the party filing
  the petition or when represented by an attorney, the signature of that
  attorney.
004.02B
Address for Service of Petition.
Service
  shall be made personally or by first-class or certified mail and delivered to
  the Department's Legal Division at 301 Centennial Mall South, State Office
  Building, First Floor, P.O. Box 94789, Lincoln, NE 68509-4789. Petition must be
  postmarked or filed with the Department within the deadlines shown in
  004.02A et seq of
  these regulations. A petition may also be filed by facsimile transmission at
  402-471 -4828. Facsimile transmissions received after normal business hours
  shall be deemed received the next business day.
004.02C
Deadline for Filing
  Petition.
Failure to file a petition and deliver the
  petition to the Department or to postmark the petition by the time within
  thirty (30) days of the proposed action forecloses the registrant's right to a
  hearing. If no petition is filed within thirty (30) days, the Director may take
  the proposed action described in the notice.
004.02D
Stay.
The filing of the petition shall stay any action by the
  Director until a hearing is held and a final decision and order is
  issued.
004.02E
Attachment 1.
Attachment 1 of these rules
  and regulations may be used to file an appeal of a proposed action.
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 251-3-006 - PREHEARING PROCEDURES

Current through June 17, 2024
006.01
Prehearing
  Conferences and Orders.
A hearing officer designated to conduct a hearing may determine,
	 subject to the Department'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.
006.01A If a prehearing conference is
  conducted:
006.01A1 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
006.01A2
  The hearing officer for the prehearing conference shall set the time and place
  of the conference and give reasonable written notice to all parties or their
  representative of record.
006.01A3
  The written notice referred to in subsection
  006.01A2 shall
  include the following:
006.01A3a The names
  and mailing addresses of all parties or their representatives or other persons
  to whom notice is being given by the hearing officers;
006.01A3b The name, official title, mailing
  address, and telephone number of any counsel who has been designated to appear
  for the Department;
006.01A3c The
  official file or reference number, the name of the proceeding and a general
  description of the subject matter of the conference;
006.01A3d A statement of the time, place and
  nature of the prehearing conference;
006.01A3e A statement of the legal authority
  and jurisdiction under which the prehearing conference and the hearing are to
  be held;
006.01A3f The name,
  official title, mailing address, and office telephone number of the hearing
  officer for the prehearing conference;
006.01A3g A statement that a party who fails
  to attend or participate in a prehearing conference, hearing or other state 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
006.01A3h Any other matters
  that the hearing officer considers desirable to expedite the
  proceedings.
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 251-3-007 - CONDUCTING A CONTESTED CASE HEARING

Current through June 17, 2024
007.01
Show
  Cause.
The appellant must show cause why the Department should not take the
	 proposed action.
007.02
Order of Hearing.
At the discretion of the hearing officer, the hearing may be conducted
	 in the following order:
007.02A
Call to Order.
The hearing shall be
  called to order by the hearing officer, who shall introduce him or herself,
  enter appearances, and state the scope and purpose of the hearing. Any
  preliminary motions, stipulations or agreed orders are entertained and may be
  disposed of by the hearing officer.
007.02B
Opening
  Statement.
Each party may be required to make an opening
  statement at the discretion of the hearing officer. Opening statements shall be
  in the same order as the presentation of evidence.
007.02C
Presentation of
  Evidence.
Documentary evidence may be marked, and where
  appropriate, may be offered by either party, prior to the taking of any
  testimony.
007.02C1
Order.
Evidence will be received in the
  following order:
007.02C1a Evidence is
  presented by the appellant;
007.02C1b Evidence is presented by the
  Department;
007.02C1c Rebuttal
  evidence is presented by the appellant; and
007.02C1d Surrebuttal evidence is presented
  by the respondent.
007.02C2
Witnesses.
With regard to each witness
  who testifies, the following examination may be conducted:
007.02C2a Direct examination conducted by the
  party who calls the witness;
007.02C2b Cross examination by the opposing
  party;
007.02C2c Any Redirect as
  necessary; and
007.02C2d Any
  Recross as necessary.
007.02D
Closing
  Argument.
After the evidence is presented, at the
  discretion of the hearing officer, each party may have the opportunity to make
  a closing argument. Closing argument shall be made in the same order as the
  presentation of evidence. The hearing officer may request that the parties
  present briefs in lieu of closing arguments. The hearing officer shall specify
  the date such briefs shall be received by the Department.
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 251-3-008 - DECISION AND ORDER IN A CONTESTED CASE

Current through June 17, 2024
008.01
Order.
Every decision and order adverse to a party to the proceeding, rendered
	 by the Department in a contested case, shall be in writing or state in the
	 record and shall be accompanied by findings of fact and conclusions of
	 law.
008.02
Order, Contents.
The decision and order should include:
008.02A The name of the agency and the name
  of the proceeding;
008.02B The time
  and place of the hearing;
008.02C
  The names of all parties or their attorneys who entered an appearance at the
  hearing;
008.02D The findings of
  fact consisting of a concise statement of the conclusions upon each contested
  issue of fact;
008.02E The
  conclusions of law consisting of the applications of the controlling law to the
  facts found and the legal results arising therefrom; and
008.02F The order consisting of the action
  taken by the Department as a result of the facts found and the legal
  conclusions arising therefrom.
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 251-3-009 - APPEALS

Current through June 17, 2024
009.01
Appeal of
  Decision.
Any person aggrieved by a final decision in a contested case is
	 entitled to a judicial review under the Administrative Procedure Act.
009.02
Appeal
  Procedures.
Unless otherwise provided by statute, the procedures of
Neb. Rev. Stat.
84-917 govern the procedure for taking
	 an appeal.
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 251-3-010 - PROPOSED ACTIONS

Current through June 17, 2024
010.01
IRP.
The Director of the Department may suspend, revoke, cancel, or refuse
	 to issue or renew a registration certificate under the IRP pursuant to sections
	 60-305.09 to 60-305.16:
010.01A If the
  applicant or certificate holder has issued to the Department a check or draft
  which has been returned because of insufficient funds, no funds, or a
  stop-payment order;
010.01B If the
  applicant or certificate holder has had his or her license issued under the
  International Fuel Tax Agreement Act revoked or the Director refused to issue
  or refused to renew such license; or
010.01C If the applicant or certificate
  holder is in violation of sections
  75-348 to
  75-358.
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 251-3-011 - FAILURE TO FILE PETITION

Current through June 17, 2024
011.01
Failure to
  File.
If no petition is filed at the expiration of thirty (30) days after the
	 date on which the notification of the proposed action was mailed, the Director
	 may take the proposed action described in the notice.
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 251-3-012 - EFFECT OF COMPLIANCE

Current through June 17, 2024
012.01
IRP
  Compliance.
If, in the judgment of the Director, the applicant or certificate
	 holder has complied with or is no longer in violation of the provisions for
	 which the Director took action under this section, the Director may reinstate
	 the registration certificate pursuant to IRP without delay. A registrant or
	 licensee shall still be subject to audits pursuant to the IFTA or the
	 IRP.
012.02
IFTA Compliance.
012.02A If, in the judgment of the Director,
  the applicant or licensee has complied with or is no longer in violation of the
  provisions for which the Director took action under this section, the Director
  may reinstate the license without delay. An applicant for reinstatement,
  issuance, or renewal or a license within three (3) years after the date of
  suspension, revocation, cancellation, or refusal to issue or renew shall submit
  a fee of one-hundred dollars ($100) to the Director.
012.02B Suspension of, revocation of,
  cancellation of, or refusal to issue or renew a license by the Director shall
  not relieve any person from making or filing the reports or returns required by
  the motor fuel laws in the manner or within the time required. A registrant or
  licensee shall still be subject to audits pursuant to the IFTA or the
  IRP.
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 251-3-013 - REVOCATION, OR CANCELLATION OF REGISTRATION OR LICENSE; REGISTRANT'S OR LICENSEE'S DUTIES

Current through June 17, 2024
Upon revocation by the Department or cancellation of registration or
	 license by the registrant or licensee, the registrant or licensee shall:
013.01 Return the registrant's IRP
  registration certificates and all license plates.
013.02 Revocation of registration issued by
  the Department or cancellation of registration by the registrant shall not
  relieve any person from a periodic audit by the Department for those periods
  that the registrant had active apportioned registration.
013.03 Return the licensee's IFTA permit (be
  sure that it is signed on the reverse side).
013.04 Remove the decals from the
  cab(s).
013.05 File the mileage and
  fuel tax return for your last quarter with the proper remittance, if
  applicable.
013.06 Cancellation of
  a license or permit issued by the Department shall not relieve any person from
  making or filing the reports or returns required by IFTA in the manner or
  within the time required by the agreement.
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 › Attachment 1

Current through June 17, 2024
Click
	 here to view
Click
	 here to view
Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 251 - NEBRASKA ADMINISTRATIVE CODE › Chapter 4 - RULES AND REGULATIONS FOR PROCESSING APPORTIONED VEHICLE LICENSE PLATES WHICH HAVE CEASED TO BE ACTIVE PURSUANT TO NEB. REV. STAT. 60-305.16 › Section 251-4-002 - REPLACEMENT CREDENTIALS

Current through June 17, 2024
Any registrant desiring replacement credentials for an active vehicle
	 shall apply to the Division for a replacement credential if lost or in need of
	 correction. Upon receipt of the application for replacement credential/s and
	 payment of the required fees the Division will issue the replacement
	 credentials as requested in the application.
Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 251 - NEBRASKA ADMINISTRATIVE CODE › Chapter 4 - RULES AND REGULATIONS FOR PROCESSING APPORTIONED VEHICLE LICENSE PLATES WHICH HAVE CEASED TO BE ACTIVE PURSUANT TO NEB. REV. STAT. 60-305.16 › Section 251-4-003 - DELETION OF AN ACTIVE VEHICLE. REQUIREMENTS

Current through June 17, 2024
Any vehicle not deleted shall be considered an active vehicle. A
	 registrant of an active vehicle shall be responsible for deletion of any of the
	 registrant's active vehicles which are subject to a transfer of ownership or
	 for any active vehicle for which the registrant has lost possession. The
	 registrant shall:
003.01
Application.
Apply to the Division to delete the active vehicle, and
003.02
Return of
  Credentials.
Return the cab card and permanent plate/s for the unit to the Division
	 of Motor Carriers.
003.03
Effective Date.
The effective date of the deletion of the active vehicle shall be the
	 date of receipt of the deletion by the Department unless the registrant is also
	 applying credit to the registration of a new vehicle, and temporary authority
	 is issued for the new vehicle, then the effective date shall be the date of the
	 temporary authority.
003.04
Lost, Stolen or Destroyed Credentials.
If a registrant is unable to return the cab card or permanent plates
	 for an active vehicle because such credentials have been lost, stolen or
	 destroyed, the registrant shall complete an affidavit which shall be filed with
	 the Division to delete the active vehicle. An affidavit for lost, destroyed or
	 stolen credentials appears as Attachment I of these rules and
	 regulations.
003.05
Registrant May Destroy Permanent Plate.
As an alternative to returning a permanent plate to the Division for a
	 deleted active vehicle, the registrant may destroy the permanent plate and file
	 an affidavit
(Attachment I)
with the Department pursuant to
	 003.04 that the registrant has destroyed the plate and removed the plate from
	 circulation.
Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 251 - NEBRASKA ADMINISTRATIVE CODE › Chapter 4 - RULES AND REGULATIONS FOR PROCESSING APPORTIONED VEHICLE LICENSE PLATES WHICH HAVE CEASED TO BE ACTIVE PURSUANT TO NEB. REV. STAT. 60-305.16 › Section 251-4-004 - REFUNDS AND CREDITS

Current through June 17, 2024
Upon deletion of an active vehicle, and filing an affidavit with or
	 returning credentials to the Division, the registrant may apply for a refund of
	 the registration fee based upon the number of unexpired months remaining in the
	 registration year for that unit.
004.01
No
  Refund.
For any fees paid under section 60-305.16 for permanent plates when
	 such motor vehicle is transferred or lost within the same month as acquired, no
	 refund shall be allowed for such month.
004.02
Form of
  Refund.
A refund may be in the form of a credit against any registration fees
	 that have been incurred or are, at the time of the refund, being incurred by
	 the registered motor vehicle owner.
004.03
Highway Trust
  Fund.
The registrant may file an application with the Division to delete a
	 registered motor vehicle because the vehicle is disabled and has been removed
	 from service. The registrant may, by returning the registration certificate or
	 certificates and such other evidence of registration used by the Division, or
	 if the credentials are unavailable the registrant may file an affidavit as
	 provided in 003.04 above to receive a credit for the portion of the
	 registration fee deposited in the Highway Trust Fund based upon the number of
	 unexpired months remaining in the registration year.
No credit
shall be allowed for any fees paid under section 60-305.16. When such
	 motor vehicle is removed from service within the same month in which it was
	 registered, no credit shall be allowed for such month. Such credit may be
	 applied against registration fees for new or replacement vehicles incurred
	 within one (1) year after cancellation of registration of the motor vehicle for
	 which the credit was allowed.
004.04
Reregistration.
When any deleted vehicle is reregistered within the same registration
	 year in which its registration has been canceled, the fee shall be that portion
	 of the registration fee provided to be deposited in the Highway Trust Fund for
	 the remainder of the registration year.
Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 251 - NEBRASKA ADMINISTRATIVE CODE › Chapter 4 - RULES AND REGULATIONS FOR PROCESSING APPORTIONED VEHICLE LICENSE PLATES WHICH HAVE CEASED TO BE ACTIVE PURSUANT TO NEB. REV. STAT. 60-305.16 › Section 251-4-005 - ADDRESS FOR FILING APPLICATIONS AND AFFIDAVITS

Current through June 17, 2024
The registrant shall file all applications for deletions or replacement
	 credentials or affidavits for lost, destroyed or stolen credentials with the
	 Division by mailing to the Nebraska Department of Motor Vehicles, Division of
	 Motor Carriers, P.O. Box 98935, Lincoln, NE 68509-8935 or by personal delivery
	 during normal business hours to the Department's Division of Motor Carrier
	 Services, 301 Centennial Mall South, State Office Building First Floor,
	 Lincoln, Nebraska.
Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 251 - NEBRASKA ADMINISTRATIVE CODE › Chapter 4 - RULES AND REGULATIONS FOR PROCESSING APPORTIONED VEHICLE LICENSE PLATES WHICH HAVE CEASED TO BE ACTIVE PURSUANT TO NEB. REV. STAT. 60-305.16 › Section 251-4-006 - ADDRESS FOR RETURN OF PERMANENT PLATES AND CREDENTIALS

Current through June 17, 2024
Upon deletion of an active vehicle the registrant shall return the
	 permanent plate and credentials to the Division by mailing to the Nebraska
	 Department of Motor Vehicles, Division of Motor Carriers, P.O. Box 98935,
	 Lincoln, NE 68509-8935 or by personal delivery during normal business hours to
	 the Department's Division of Motor Carrier Services at 301 Centennial Mall
	 South, State Office Building First Floor, Lincoln, Nebraska.
Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 251 - NEBRASKA ADMINISTRATIVE CODE › Chapter 4 - RULES AND REGULATIONS FOR PROCESSING APPORTIONED VEHICLE LICENSE PLATES WHICH HAVE CEASED TO BE ACTIVE PURSUANT TO NEB. REV. STAT. 60-305.16 › Section 251-4-007 - LOST, STOLEN OR DESTROYED PLATES

Current through June 17, 2024
No motor carrier or registrant shall file a false affidavit that plates
	 and/or credentials have been lost, stolen or destroyed upon deletion of an
	 active vehicle from a fleet if such plates and/or credentials have not been
	 lost, stolen or destroyed.
007.01
Duty to Return the Permanent Plate.
The registrant or motor carrier deleting an active motor vehicle shall
	 be responsible for the return of the permanent plate to the Division.
007.02
Misuse of
  a Permanent Plate.
If it comes to the attention of the Director from a law enforcement
	 officer or Department auditor that any person, registrant, or motor carrier has
	 misused or is misusing a permanent plate/s issued to a vehicle which has been
	 deleted, the Director shall:
007.02A
Notice.
Send written notice to the
  person, registrant or motor carrier that he or she has been brought to the
  Director's attention for misuse of a permanent plate. The written notice shall
  be a bill to the person, registrant or motor carrier for the registration fees
  due for the deleted vehicle for the registration year. The notice shall be sent
  to the address of the person, registrant or motor carrier as it appears in the
  records of the Division and to any other address provided by the law
  enforcement officer or auditor.
007.02B
Calculation of
  Fee.
The registration fee shall be calculated from the date
  of deletion to the end of the registration year.
Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 251 - NEBRASKA ADMINISTRATIVE CODE › Chapter 4 - RULES AND REGULATIONS FOR PROCESSING APPORTIONED VEHICLE LICENSE PLATES WHICH HAVE CEASED TO BE ACTIVE PURSUANT TO NEB. REV. STAT. 60-305.16 › Section 251-4-008 - PERMANENT PLATES ARE NOT TRANSFERABLE

Current through June 17, 2024
A permanent plate shall be issued to a specific active vehicle solely
	 for use by the person, registrant or motor carrier making the original
	 application for registration of the active vehicle. If the active vehicle is
	 deleted, subject to loss of possession, transfer of ownership, or title has
	 transferred by operation of law, the permanent plate issued pursuant to the
	 original application shall not transfer and shall cease to be
	 active.
Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 251 - NEBRASKA ADMINISTRATIVE CODE › Chapter 4 - RULES AND REGULATIONS FOR PROCESSING APPORTIONED VEHICLE LICENSE PLATES WHICH HAVE CEASED TO BE ACTIVE PURSUANT TO NEB. REV. STAT. 60-305.16 › Section 251-4-009 - REGISTRATION AND RENEWAL

Current through June 17, 2024
Any person or motor carrier engaged in operating a fleet of
	 apportionable vehicles in this state in interstate commerce is subject to
	 registration and annual renewal to register and license such fleet by filing a
	 statement with the Division as provided in 60-305.09 and 60-305.16, and to file
	 supplements upon an addition to such fleet.
Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 251 - NEBRASKA ADMINISTRATIVE CODE › Chapter 4 - RULES AND REGULATIONS FOR PROCESSING APPORTIONED VEHICLE LICENSE PLATES WHICH HAVE CEASED TO BE ACTIVE PURSUANT TO NEB. REV. STAT. 60-305.16 › Attachment II

Current through June 17, 2024
Click
	 here to view
Click
	 here to view
Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 252 - NEBRASKA ADMINISTRATIVE CODE › Chapter 1 - RULES AND REGULATIONS GOVERNING HEARINGS TO CONTEST THE DEPARTMENT OF MOTOR VEHICLES DETERMINATION OF THE MANUFACTURER'S SUGGESTED RETAIL PRICE OF PASSENGER CARS, TRUCKS UTILITY VEHICLES, AND VANS, WEIGHING UP TO FIVE (5) TONS PURSUANT TO NEB. REV. STAT. SECTION 60-3005 › Section 252-1-001 - Scope of this Chapter

Current through June 17, 2024
Rules and regulations governing hearings to contest the Department of
	 Motor Vehicles' determination of the manufacturer's suggested retail price of
	 passenger cars, trucks, utility vehicles, and vans, weighing up to five (5)
	 tons pursuant to Neb. Rev. Stat. §
									60-3005.
Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 252 - NEBRASKA ADMINISTRATIVE CODE › Chapter 1 - RULES AND REGULATIONS GOVERNING HEARINGS TO CONTEST THE DEPARTMENT OF MOTOR VEHICLES DETERMINATION OF THE MANUFACTURER'S SUGGESTED RETAIL PRICE OF PASSENGER CARS, TRUCKS UTILITY VEHICLES, AND VANS, WEIGHING UP TO FIVE (5) TONS PURSUANT TO NEB. REV. STAT. SECTION 60-3005 › Section 252-1-002 - Definitions

Current through June 17, 2024
As used in this chapter.
002.01
Answer
shall
  mean the Director's response to the objection. The answer shall contain the
  identifying information the Director has in his or her possession about the
  petitioner's motor vehicle and his or her determination.
002.02
Contested
  case
shall mean 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 hearing before the
  Department.
002.03
Department
shall mean the Nebraska Department of Motor
  Vehicles.
002.04
Determination
means a motor vehicle's value when new,
  which, for motor vehicle tax purposes under these rules and regulations, is the
  MSRP for a motor vehicle the year it was new using the manufacturer's body type
  and model with standard equipment and not including transportation or delivery
  cost.
002.05
Director
shall mean the Director of the Nebraska
  Department of Motor Vehicles.
002.06
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 is 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 rate making or
  rule making procedure; and
002.06P
  Communications to which all parties have given consent.