reglab/statecodes huggingface dataset:
Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 247 - NEBRASKA ADMINISTRATIVE CODE, NEBRASKA DEPARTMENT OF MOTOR VEHICLES › Chapter 12 - RULES AND REGULATIONS GOVERNING THE DEPARTMENT OF MOTOR VEHICLES RECOMMENDATIONS TO THE BOARD OF PARDONS FOR REPRIEVE OF OPERATOR'S LICENSE REVOCATIONS › Section 247-12-002 - PURPOSE

Current through June 17, 2024
These rules and regulations relate to the discretionary authority of
	 the Board to reprieve a criminal sentence. The rules describe the process the
	 Department follows in arriving at a recommendation to the Board. While there
	 are conditions and circumstances that require the Director to recommend that
	 the application be denied, there is no circumstance or condition that requires
	 a favorable recommendation. The Director must hold the public safety paramount
	 to the reprieve of license revocation. The rules and regulations are to be
	 interpreted liberally and in the spirit of public safety. Applicants are
	 expected to be forthright and honest. Deception will be considered grounds for
	 a recommendation of denial.
Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 247 - NEBRASKA ADMINISTRATIVE CODE, NEBRASKA DEPARTMENT OF MOTOR VEHICLES › Chapter 12 - RULES AND REGULATIONS GOVERNING THE DEPARTMENT OF MOTOR VEHICLES RECOMMENDATIONS TO THE BOARD OF PARDONS FOR REPRIEVE OF OPERATOR'S LICENSE REVOCATIONS › Section 247-12-004 - APPLICATION

Current through June 17, 2024
004.01
Who May
  Apply.
Any person whose operator's license has been revoked
  pursuant to a conviction for a violation of Neb. Rev. Stat. §§
									60-6,196,
  60-197, and
  60-6,199 to
  60-6,204 for a third or subsequent
  time for a period of fifteen years.
004.01A
How Often.
The applicant may apply not
  more often than once per calendar year.
004.01B
Fee.
A non-refundable application fee of
  one hundred dollars shall be submitted with the application.
Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 247 - NEBRASKA ADMINISTRATIVE CODE, NEBRASKA DEPARTMENT OF MOTOR VEHICLES › Chapter 12 - RULES AND REGULATIONS GOVERNING THE DEPARTMENT OF MOTOR VEHICLES RECOMMENDATIONS TO THE BOARD OF PARDONS FOR REPRIEVE OF OPERATOR'S LICENSE REVOCATIONS › Section 247-12-005 - ACTION ON APPLICATION

Current through June 17, 2024
005.01
Receipt of Application.
The Director
  shall review the application and make a recommendation to the Board. If the
  applicant does not meet the minimum requirements for a favorable
  recommendation, the Department may forward the application to the Board with a
  recommendation of denial without further review or investigation.
005.02
Investigation.
If the application meets
  the minimum requirements, the Director may, in his or her discretion, make any
  investigation of the applicant he or she deems necessary or desirable.
005.02A
Notification:
  Prosecuting Attorney.
The Director may notify and request
  information from the prosecuting attorney in the location where the fifteen
  year revocation was imposed.
005.02B
Notification: Other
  Persons or Agencies.
The Director may, in his or her
  discretion, notify and request information from the prosecuting attorney and/or
  local law enforcement agency, or any other person in any or all of the
  locations the applicant has lived since the date of the revocation
  order.
005.02C
Request for Additional Information or
  Clarification.
The Director may, in his or her discretion,
  request further information or clarification from the applicant. Failure to
  respond to the request may result in a recommendation for denial.
Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 247 - NEBRASKA ADMINISTRATIVE CODE, NEBRASKA DEPARTMENT OF MOTOR VEHICLES › Chapter 12 - RULES AND REGULATIONS GOVERNING THE DEPARTMENT OF MOTOR VEHICLES RECOMMENDATIONS TO THE BOARD OF PARDONS FOR REPRIEVE OF OPERATOR'S LICENSE REVOCATIONS › Section 247-12-007 - DISCRETIONARY CONSIDERATIONS

Current through June 17, 2024
007.01
Evidence Demonstrating Applicant May Continue to Present a
  Danger to Public Safety.
The Director may recommend against
  the reprieve for any reason if he or she concludes the applicant continues to
  be a danger to public safety. The reasons for recommending against the reprieve
  must be stated in writing to the Board.
Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 247 - NEBRASKA ADMINISTRATIVE CODE, NEBRASKA DEPARTMENT OF MOTOR VEHICLES › Chapter 12 - RULES AND REGULATIONS GOVERNING THE DEPARTMENT OF MOTOR VEHICLES RECOMMENDATIONS TO THE BOARD OF PARDONS FOR REPRIEVE OF OPERATOR'S LICENSE REVOCATIONS › Section 247-12-008 - RECOMMENDATION

Current through June 17, 2024
008.01
Upon Receipt of the
  Application.
When the Director receives the application and
  the application fee, he or she will review it and any additional evidence filed
  with it. The Director may, at his or her discretion, request additional
  evidence from the applicant. The Director may conduct any investigation he or
  she determines is necessary to protect the public safety. Failure to cooperate
  with requests for additional information may be cause for an unfavorable
  recommendation.
008.02
Timelines.
The Director will make a
  recommendation to the Board within a reasonable time, taking into consideration
  the completeness of the application, and the progress of any investigation the
  Director may deem necessary.
008.03
Written Recommendation.
The Director
  shall make a recommendation for reprieve or denial. The recommendation shall be
  in writing and shall briefly state the reasons for the recommendation. The
  Director will include with the recommendation (1) the original application; (2)
  all other evidence in the file, including evidence submitted by the applicant
  or any other person, for or against the reprieve; and (3) any other
  applications the applicant has previously filed under these rules and
  regulations.
008.04
Copy to Applicant.
A copy of the
  recommendation shall be mailed to the applicant by U.S. mail at the address
  provided by the applicant.
008.05
Opportunity to Withdraw Application or File Written
  Response.
At any time prior to the date the Board considers
  the application, the applicant shall be allowed to withdraw his or her
  application from consideration or make any written response. The response will
  be forwarded to the Board, but the Director will not amend a recommendation
  based on the response.
Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 247 - NEBRASKA ADMINISTRATIVE CODE, NEBRASKA DEPARTMENT OF MOTOR VEHICLES › Chapter 12 - RULES AND REGULATIONS GOVERNING THE DEPARTMENT OF MOTOR VEHICLES RECOMMENDATIONS TO THE BOARD OF PARDONS FOR REPRIEVE OF OPERATOR'S LICENSE REVOCATIONS › Section 247-12-009 - WITHDRAWAL OF REPRIEVE

Current through June 17, 2024
009.01
Reprieve Conditioned on Continued
  Recovery.
If the Board grants a reprieve, the Department
  will withdraw an applicant's license or ignition interlock permit (IIP) if the
  Department becomes aware that the applicant has been subsequently convicted of
  any violation of Neb. Rev. Stat. §
									60-6,196 or 60197, or comparable
  city or village ordinance, or any alcohol related driving offense under any law
  in any state.
009.01A
Thirty-day Written Notice.
When the
  Director becomes aware of the subsequent conviction, he or she will mail notice
  to the applicant that his or her license or ignition interlock permit (IIP)
  will be summarily revoked for the remainder of the original fifteen-year
  revocation period, effective thirty days after the notice is mailed.
009.01B
Where and How
  Mailed.
The notice will be sent by first-class mail to the
  applicant at his or her last known address as shown in the records of the
  Department. The applicant is presumed to know of this consequence and the
  Department need not show that the applicant received actual notice of the
  summary revocation or send any other notice.
009.01C
Withdrawal
  Independent of Any Other Court-imposed Penalty.
The
  applicant's license or ignition interlock permit (IIP) will be revoked for the
  time remaining on the fifteen-year revocation without regard for any penalty
  that may be imposed by the court for the same offense.
009.01D
Evidence of Failure
  to Comply with Conditions of Reprieve.
If the Director
  becomes aware of any evidence tending to show the applicant is violating any
  condition of the reprieve order, the Director will make the Board aware of the
  evidence.
Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 247 - NEBRASKA ADMINISTRATIVE CODE, NEBRASKA DEPARTMENT OF MOTOR VEHICLES › Chapter 12 - RULES AND REGULATIONS GOVERNING THE DEPARTMENT OF MOTOR VEHICLES RECOMMENDATIONS TO THE BOARD OF PARDONS FOR REPRIEVE OF OPERATOR'S LICENSE REVOCATIONS › Attachment 1

Current through June 17, 2024
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Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 247 - NEBRASKA ADMINISTRATIVE CODE, NEBRASKA DEPARTMENT OF MOTOR VEHICLES › Chapter 13 - RULES AND REGULATIONS GOVERNING NEGOTIATED RULEMAKING. › Section 247-13-001 - SCOPE

Current through June 17, 2024
The purpose of these regulations is to establish a framework for the
	 conduct of negotiated rulemaking consistent with the Administrative Procedure
	 Act and the Negotiated Rulemaking Act. The negotiated rulemaking process can be
	 used by the Department, whenever appropriate, to resolve controversial issues
	 prior to the commencement of formal rulemaking. Negotiated rulemaking is not a
	 substitute for the requirements of the Administrative Procedure Act, but may be
	 used as a supplemental procedure to permit the direct participation of affected
	 interests in the development of new rules or the amendment or repeal of
	 existing rules. The negotiated rulemaking process also does not preclude other
	 Department efforts or processes designed to reach consensus with affected or
	 interested persons concerning the content of rules or regulations. A consensus
	 agreement on a proposed rule reached by a negotiated rulemaking committee may
	 be modified by the Department as a result of a subsequent formal rulemaking
	 process.
Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 247 - NEBRASKA ADMINISTRATIVE CODE, NEBRASKA DEPARTMENT OF MOTOR VEHICLES › Chapter 13 - RULES AND REGULATIONS GOVERNING NEGOTIATED RULEMAKING. › Section 247-13-002 - DEFINITIONS

Current through June 17, 2024
For purposes of this Chapter of these model procedural rules:
002.01
APA
shall
  mean the Administrative Procedure Act,
Neb. Rev. Stat
  §§
84-901 through
  84-920 (1987, Cum. Supp. 1992,
  Supp. 1993).
002.02
Consensus
shall mean unanimous concurrence among the
  interests represented on a negotiated rulemaking committee unless the committee
  agrees upon another specified definition.
002.03
Convenor
shall mean a person who impartially assists the Department in determining
  whether establishment of a negotiated rulemaking committee is feasible and
  appropriate for a particular rulemaking procedure.
002.04
Department
shall mean the Nebraska Department of Motor Vehicles.
002.05
Director
shall mean the Director of the Department of Motor Vehicles or his or her
  designee.
002.06
Facilitator
shall mean a person who impartially aids
  in the discussion and negotiations among the members of a negotiated rulemaking
  committee to develop a proposed rule. A facilitator shall not have
  decisionmaking authority.
002.07
Interest
shall mean, with respect to an issue or
  matter, multiple parties that have a similar point of view or that are likely
  to be affected in a similar manner.
002.08
Negotiated
  rulemaking
shall mean rulemaking through the use of a negotiated
  rulemaking committee.
002.09
Negotiated rulemaking committee
or
committee
shall mean an advisory committee established
  to consider and discuss issues for the purpose of reaching a consensus in .the
  development of a proposed rule.
002.10
Person
shall
  mean an individual, partnership, limited liability company, corporation,
  association, governmental subdivision, department, or public or private
  organization of any character.
002.11
Rule
or
regulation
shall mean any rule, regulation, or
  standard issued by the Department, including the amendment or repeal thereof
  whether with or without prior hearing and designed to implement, interpret, or
  make specific the law enforced or administered by it or governing its
  organization or procedure, but not including rules and regulations concerning
  the internal management of the Department not affecting private rights, private
  interests, or procedures available to the public and not including permits,
  certificates of public convenience and necessity, franchises, rate orders and
  rate tariffs, and any rules of interpretation thereof, and for the purpose of
  the APA, every rule and regulation which shall prescribe a penalty shall be
  presumed to have general applicability or to affect private rights and
  interests.
Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 247 - NEBRASKA ADMINISTRATIVE CODE, NEBRASKA DEPARTMENT OF MOTOR VEHICLES › Chapter 13 - RULES AND REGULATIONS GOVERNING NEGOTIATED RULEMAKING. › Section 247-13-003 - ESTABLISHMENT OF A NEGOTIATED RULEMAKING COMMITTEE; CRITERIA

Current through June 17, 2024
The Department may establish a negotiated rulemaking committee to
	 negotiate and develop a proposed rule if the Director determines that the use
	 of the negotiated rulemaking procedure is in the public interest. In making
	 that determination, the Director shall consider whether:
003.01
Need.
There
  is a need for the rule.
003.02
Identifiable Interests.
There are a limited number of
  identifiable interests that will be significantly affected by the
  rule.
003.03
Balanced
  Representation.
There is a reasonable likelihood that a committee
  can be convened with a balanced representation of persons who:
003.03A Can adequately represent the
  interests identified; and
003.03B
  Are willing to negotiate in good faith to reach a consensus on the proposed
  rule.
Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 247 - NEBRASKA ADMINISTRATIVE CODE, NEBRASKA DEPARTMENT OF MOTOR VEHICLES › Chapter 13 - RULES AND REGULATIONS GOVERNING NEGOTIATED RULEMAKING. › Section 247-13-004 - CONVENORS: SELECTION; DUTIES

Current through June 17, 2024
The Department, at the discretion of the Director, ' may use the
	 services of a convenor.
004.01
Selection.
The Department may employ or contract for
  an organization or an individual to serve as a convenor, or may use the
  services of a state employee to act as a convenor. A convenor shall not have a
  financial or other interest that would preclude him or her from serving in an
  impartial and independent manner. The Department shall determine whether a
  person under consideration as a convenor has such an interest. A person
  disqualified under this criterion shall be dropped from further consideration.
004.02
Duties.
The convenor may assist the Department in
  making the determination of need for a negotiated rulemaking process discussed
  in section 004 above. The convenor may also assist the Department in:
004.02A Identifying persons who will be
  significantly affected by a proposed rule.
004.02B Conducting discussions with affected
  persons on the issues of concern and ascertaining whether the establishment of
  a negotiated rulemaking committee is feasible and appropriate for the
  particular rulemaking.
Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 247 - NEBRASKA ADMINISTRATIVE CODE, NEBRASKA DEPARTMENT OF MOTOR VEHICLES › Chapter 13 - RULES AND REGULATIONS GOVERNING NEGOTIATED RULEMAKING. › Section 247-13-005 - PETITIONS FOR THE USE OF A NEGOTIATED RULEMAKING COMMITTEE

Current through June 17, 2024
Any person may petition the Department to request the use of a
	 negotiated rulemaking committee in the development or revision of a rule, as
	 provided below.
005.01
Topics for Negotiated Rulemaking.
A negotiated
  rulemaking process may be requested on any topic appropriate for a rule or
  regulation by the Department.
005.01A A
  negotiated rulemaking process may be requested only to develop or revise rules
  which carry out statutes that are within the authority of the Department to
  implement.
005.01B A negotiated
  rulemaking process may not be requested to develop a rule or regulation to vary
  or change the specific terms of a statute.
005.01C A negotiated rulemaking process may
  not be requested to negotiate a rule on a matter which is not within the
  definition of a rule or regulation as set forth in subsection 002.11 above.
Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 247 - NEBRASKA ADMINISTRATIVE CODE, NEBRASKA DEPARTMENT OF MOTOR VEHICLES › Chapter 13 - RULES AND REGULATIONS GOVERNING NEGOTIATED RULEMAKING. › Section 247-13-006 - NOTICE OF A NEGOTIATED RULEMAKING COMMITTEE; COMMENT; APPLICATIONS FOR MEMBERSHIP

Current through June 17, 2024
If the Department decides to go forward with the establishment of a
	 negotiated rulemaking committee, the Department shall proceed with the
	 following process.
006.01
Notice of Negotiated Rulemaking
. The Department shall
  give notice to the Secretary of State, publish notice in a newspaper having
  general circulation in the state, and, as appropriate, publish notice in other
  newspapers and publications. The notice shall include:
006.01A An announcement that the Department
  intends to establish a negotiated rulemaking committee to negotiate and develop
  a proposed rule.
006.01B A
  description of the subject and scope of the rule to be developed and the issues
  to be considered.
006.01C A list of
  interests likely to be significantly affected by the proposed rule.
006.01D A list of the persons proposed to
  represent the affected interests and the Department.
006.01E A proposed schedule for completing
  the work of the committee.
006.01F
  An explanation of how a person may apply for or nominate another person for
  membership on the committee.
Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 247 - NEBRASKA ADMINISTRATIVE CODE, NEBRASKA DEPARTMENT OF MOTOR VEHICLES › Chapter 13 - RULES AND REGULATIONS GOVERNING NEGOTIATED RULEMAKING. › Section 247-13-007 - ESTABLISHMENT OF A NEGOTIATED RULEMAKING COMMITTEE PROCEDURE

Current through June 17, 2024
After publication of notice and termination of the comment and
	 membership application period, the Department will consider the comments and
	 membership applications for a particular negotiated rulemaking committee and
	 determine whether such a committee can adequately represent the interests of
	 the persons that will be significantly affected by a proposed rule, and whether
	 such a committee is feasible and appropriate in the particular rulemaking. In
	 making the final determination as to creation of a negotiated rulemaking
	 committee, the Department may use the services of a convenor as set out in
	 Section 004 above. In making the final determination as to creation of a
	 negotiated rulemaking committee, the Department and its Director will apply the
	 criteria set out in 003 above.
007.01
If Negotiated Rulemaking Deemed Feasible.
If, after
  such a determination, the Department decides that a negotiated rulemaking
  procedure is feasible, it shall establish a negotiated rulemaking committee as
  provided in these regulations. The committee will negotiate issues and develop
  proposed rules for use by the Department in formal rulemaking.
007.02
If Negotiated Rulemaking
  Deemed Not Feasible.
If, after such a determination, the
  Department decides not to establish a negotiated rulemaking committee, the
  Department shall:
007.02A Notify the persons
  who commented on, applied for membership on or nominated persons for membership
  on the particular negotiated rulemaking committee of the reasons for the
  decision not to establish such a committee.
007.02B Publish notice of the decision not to
  establish the particular negotiated rulemaking committee in a newspaper having
  general circulation in the state, and, as appropriate, in other newspapers and
  publications.
Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 247 - NEBRASKA ADMINISTRATIVE CODE, NEBRASKA DEPARTMENT OF MOTOR VEHICLES › Chapter 13 - RULES AND REGULATIONS GOVERNING NEGOTIATED RULEMAKING. › Section 247-13-008 - NEGOTIATED RULEMAKING COMMITTEE; MEMBERSHIP

Current through June 17, 2024
All members of a negotiated rulemaking committee shall participate in
	 the deliberations of the committee with the same rights and responsibilities as
	 other members.
008.01
Possible Members.
Members of a negotiated rulemaking
  committee may include:
008.01A A person
  designated by the Department to represent the Department. This person shall be
  authorized to fully represent the Department in the discussions and
  negotiations of the committee.
008.01B Persons selected by the Department as
  willing and qualified to represent the interests that will be significantly
  affected by the proposed rule.
008.01C Persons contacted and recruited by
  the negotiated rulemaking committee itself by consensus as essential to the
  success of the negotiated rulemaking process.
008.01D Persons selected by the negotiated
  rulemaking committee by consensus upon committee review of a petition for
  membership or nomination as set out in subsection 008.02 below.
Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 247 - NEBRASKA ADMINISTRATIVE CODE, NEBRASKA DEPARTMENT OF MOTOR VEHICLES › Chapter 13 - RULES AND REGULATIONS GOVERNING NEGOTIATED RULEMAKING. › Section 247-13-009 - NEGOTIATED RULEMAKING COMMITTEE; OPERATION

Current through June 17, 2024
A negotiated rulemaking committee established under these rules shall
	 consider the matter proposed by the Department for consideration and shall
	 attempt to reach consensus concerning a proposed rule and any other matter the
	 committee determines is relevant to the proposed rule.
009.01
Adoption of
  Procedures.
A negotiated rulemaking committee may adopt procedures
  or ground rules for the operation of the committee consistent with these rules
  and the pertinent Nebraska statutes.
009.02
Administrative
  Support.
The Department shall provide appropriate administrative
  support to a negotiated rulemaking committee including technical assistance and
  support.
009.03
Departmental Representative.
The person representing
  the Department on a negotiated rulemaking committee shall participate in the
  deliberations of the committee with the same rights and responsibilities as
  other members of the committee and shall be authorized to fully represent the
  Department in the discussions and negotiations of the committee.
009.04
Report of
  Consensus.
If a negotiated rule making committee achieves
  consensus on a proposed rule at the conclusion of the negotiations, the
  committee shall transmit to the Department a report containing the proposed
  rule.
009.05
Report of
  Lack of Consensus.
If a negotiated rulemaking committee does not
  reach a consensus on the proposed rule, the committee shall transmit to the
  Department a report specifying areas in which the committee reached consensus
  and the issues that remain unresolved. The committee may include in the report
  any other information, recommendations, or materials that the committee
  considers appropriate. Any member of the committee may include as an addendum
  to the report additional information, recommendations or materials.
Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 247 - NEBRASKA ADMINISTRATIVE CODE, NEBRASKA DEPARTMENT OF MOTOR VEHICLES › Chapter 13 - RULES AND REGULATIONS GOVERNING NEGOTIATED RULEMAKING. › Section 247-13-010 - FACILITATORS; SELECTION; DUTIES

Current through June 17, 2024
A facilitator shall be selected to assist a negotiated rulemaking
	 committee with its duties.
010.01
Nomination.
The Department may nominate a person to
  serve as a facilitator for the negotiations of a negotiated rulemaking
  committee, subject to the approval of the committee by consensus. If the
  committee does not approve the Department's nomination for facilitator, the
  Department shall submit a substitute nomination. If the committee does not
  approve the substitute nomination of the Department for facilitator, the
  committee shall select, by consensus, a person to serve as
  facilitator.
010.02
Selection.
The Department may employ or contract for
  an organization or an individual to serve as a facilitator for a negotiated
  rulemaking committee or the Department may use the services of a state employee
  to act as a facilitator. A person designated by the Department to represent it
  on a negotiated rulemaking committee with respect to substantive issues may not
  serve as the facilitator. A facilitator shall not have a financial or other
  interest that would preclude him or her from serving in an impartial and
  independent manner. The Department shall determine whether a person under
  consideration for facilitator has such an interest. A person disqualified under
  this criterion shall be dropped from further consideration.
010.03
Duties.
A
  facilitator approved or selected by a committee shall:
010.03A Preside at the meetings of the
  committee in an impartial manner.
010.03B Impartially assist members in
  conducting discussions and negotiations and achieving consensus.
010.03C Manage the keeping of minutes and
  records.
Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 247 - NEBRASKA ADMINISTRATIVE CODE, NEBRASKA DEPARTMENT OF MOTOR VEHICLES › Chapter 13 - RULES AND REGULATIONS GOVERNING NEGOTIATED RULEMAKING. › Section 247-13-011 - NEGOTIATED RULEMAKING COMMITTEE; EXPENSES

Current through June 17, 2024
Members of a negotiated rulemaking committee shall be responsible for
	 their own expenses of participation. However, the Department may pay for a
	 committee member's actual and necessary expenses incurred in serving on the
	 committee as provided in
Neb. Rev. Stat §§
81-1174
	 through 81-1177 and a reasonable per diem rate of compensation if:
011.01
Lack of Adequate
  Financial Resources.
The committee member certifies a lack of
  adequate financial resources to participate on the committee using the form at
  Attachment 4 which is attached to these regulations and made a part of them by
  reference; and,
011.02
Participation Necessary.
The Department determines
  that the committee member's participation is necessary to assure an adequate
  representation of the interests of the members.
Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 247 - NEBRASKA ADMINISTRATIVE CODE, NEBRASKA DEPARTMENT OF MOTOR VEHICLES › Chapter 13 - RULES AND REGULATIONS GOVERNING NEGOTIATED RULEMAKING. › Section 247-13-012 - GRANTS OR GIFTS

Current through June 17, 2024
The Department may accept grants or gifts from any source to fund a
	 negotiated rulemaking process if:
012.01
Information
  Public.
Information on the name of the person giving the grant or
  gift and the amount of the grant or gift is available to the public.
012.02
Unconditional.
The grant or gift is given to and
  accepted by the Department without placing any condition on the membership of a
  committee or the outcome of the negotiated rulemaking process.
012.03
No Diminution of
  Integrity.
There is a consensus among the members of the
  negotiated rulemaldng committee that the acceptance of the grant or gift will
  not diminish the integrity of the negotiated rulemaking process.
Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 247 - NEBRASKA ADMINISTRATIVE CODE, NEBRASKA DEPARTMENT OF MOTOR VEHICLES › Chapter 13 - RULES AND REGULATIONS GOVERNING NEGOTIATED RULEMAKING. › Section 247-13-013 - NEGOTIATED RULEMAKING COMMITTEE; TERMINATION

Current through June 17, 2024
A negotiated rulemaking committee shall terminate upon the adoption of
	 the final rule under consideration by the Department pursuant to the APA,
	 unless the Department, after consulting the committee, or the committee itself
	 specifies an earlier termination date.
Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 247 - NEBRASKA ADMINISTRATIVE CODE, NEBRASKA DEPARTMENT OF MOTOR VEHICLES › Chapter 13 - RULES AND REGULATIONS GOVERNING NEGOTIATED RULEMAKING. › Section 247-13-014 - NEGOTIATED RULEMAKING PROCEDURE; JUDICIAL REVIEW

Current through June 17, 2024
Any action of the Department relating to establishing, assisting or
	 terminating a negotiated rulemaking committee under the Negotiated Rulemaking
	 Act shall not be subject to judicial review, except that nothing in this
	 section shall bar judicial review if such judicial review is otherwise provided
	 by law.
Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 247 - NEBRASKA ADMINISTRATIVE CODE, NEBRASKA DEPARTMENT OF MOTOR VEHICLES › Chapter 14 - RULES AND REGULATIONS GOVERNING HARDSHIP EXEMPTIONS FOR THE RELEASE OF IMMOBILIZED MOTOR VEHICLES PURSUANT TO NEB. REV. STAT. SECTION 60-6,197.01 › Section 247-14-001 - SCOPE

Current through June 17, 2024
These rules and regulations set forth limited exceptions to the
	 immobilization of motor vehicles under Neb. Rev, Stat, §
									60-6,197.01. This is in accordance
	 with 23 C.F.R.
	 1275 which allows states to provide limited
	 exceptions to federal requirements for immobilization on an individual basis to
	 avoid undue hardship to a family member by the immobilization of a motor
	 vehicle due to an offender's conviction for a second or subsequent violation of
	 Neb, Rev. Stat. §
									60-6,196 or
	 60-6,197.
Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 247 - NEBRASKA ADMINISTRATIVE CODE, NEBRASKA DEPARTMENT OF MOTOR VEHICLES › Chapter 14 - RULES AND REGULATIONS GOVERNING HARDSHIP EXEMPTIONS FOR THE RELEASE OF IMMOBILIZED MOTOR VEHICLES PURSUANT TO NEB. REV. STAT. SECTION 60-6,197.01 › Section 247-14-002 - DEFINITIONS

Current through June 17, 2024
002.01
Bona fide
  lienholder
means a lienholder properly notated on the Certificate
  of Title pursuant to
Neb. Rev. Stat.
$
  60-110.
002.02
Conviction
means a final conviction by a court of
  competent jurisdiction.
002.03
Co-owner
means a person, firm, or corporation which
  holds a legal title of a motor vehicle, who is not an offender. If (a) a motor
  vehicle is the subject of an agreement for the conditional sale thereof with
  the right of purchase upon performance of the conditions stated in the
  agreement and with an immediate right of possession vested in the conditional
  vendee, (b) a motor vehicle is subject to a lease of thirty (30) days or more
  with an immediate right of possession vested in the lessee, or (c) a mortgagor
  of a motor vehicle is entitled to possession, then such conditional vendee,
  lessee, or mortgagor shall be deemed the co-owner.
002.04
Department
means the Nebraska Department of Motor Vehicles.
002.05
Dependant
means an immediate family member, including a spouse, an unmarried child under
  the age of nineteen (19) years, an unmarried child who is a full-time student
  under the age of twenty-three (23) years and who is financially dependent upon
  the co-owner, an unmarried child of any age who is medically certified as
  disabled and dependent upon the co-owner, or a grandparent(s) who is supported
  by the co-owner.
002.06
Immobilized or immobilization
means a court revocation
  or suspension of the registration of the motor vehicle(s), including the
  license plates.
002.07
Offender
means an individual convicted of a second or
  subsequent violation of
Neb, Rev. Stat.
§
									60-6,196 or
  60-6,197 whose motor vehicles have
  been immobilized.
002.08
Offender's motor vehicle
means all motor vehicles
  owned by the offender with a title or registration on which the offender's name
  appears.
002.09
Towing
  and storage lienholder
means a person who has performed work,
  labor, exerted care or diligence; who had held the offender's motor vehicle for
  ninety (90) days; and who has complied with the requirements of
Neb. Rev. Stat.
52-601.01, et seq.
Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 247 - NEBRASKA ADMINISTRATIVE CODE, NEBRASKA DEPARTMENT OF MOTOR VEHICLES › Chapter 14 - RULES AND REGULATIONS GOVERNING HARDSHIP EXEMPTIONS FOR THE RELEASE OF IMMOBILIZED MOTOR VEHICLES PURSUANT TO NEB. REV. STAT. SECTION 60-6,197.01 › Section 247-14-003 - IMMOBILIZATION

Current through June 17, 2024
003.01
Conditions under Which an
  Offender's Motor Vehicle Is Immobilized.
The court shall order all
  of the offender's motor vehicles immobilized upon conviction for a second or
  subsequent violation of
Neb. Rev. Stat,
§
  60-6.196 or 60-6.197.
003.02
Cost.
The owner shall bear the cost of
  immobilization.
003.04
Period of Immobilization.
The court shall order the
  motor vehicle or motor vehicles immobilized for a period of time not less than
  five (5) days and not more than eight (8) months.
003.05
Notification.
The court shall notify the Department of the period of immobilization within
  thirty (30) days.
003.06
Alternative to Immobilization.
As an alternative to
  immobilization, the court shall order the installation of an ignition interlock
  device on each of the offender's motor vehicles if the offender was sentenced
  to an operator's license revocation of at least one (1) year and has completed
  at least one (1) year of that revocation.
Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 247 - NEBRASKA ADMINISTRATIVE CODE, NEBRASKA DEPARTMENT OF MOTOR VEHICLES › Chapter 14 - RULES AND REGULATIONS GOVERNING HARDSHIP EXEMPTIONS FOR THE RELEASE OF IMMOBILIZED MOTOR VEHICLES PURSUANT TO NEB. REV. STAT. SECTION 60-6,197.01 › Section 247-14-004 - RELEASE FROM IMMOBILIZATION

Current through June 17, 2024
The court shall release from immobilization any immobilized motor
	 vehicle to a bona fide lienholder, towing and storage lienholder, or co-owner
	 under the following conditions:
004.01
Bona Fide Lienholder.
Upon application to the court by
  a holder of a bona fide lien, the court shall release the motor vehicle if the
  lien was executed and noted on the motor vehicle's Certificate of Title prior
  to the immobilization and possession of the motor vehicle is necessary by the
  lienholder for purposes of foreclosing and satisfying such lien.
004.02
Towing and Storage
  Lienholder.
Upon application to the county by the holder of a
  towing and storage lien for towing and storage charges, the court shall release
  the motor vehicle if the motor vehicle was towed at the direction of a peace
  officer or the court.
004.03
Co-owner.
Upon presentation to the court of an
  Affidavit of Undue Hardship Requesting Exemption from Motor Vehicle
  Immobilization, Attachment 1 and incorporated herein by reference, the court
  shall release the motor vehicle to a co-owner. The affidavit must set forth the
  following qualifications:
004.03a
Employment.
The co-owner must state in the affidavit
  that he or she is employed; and
004.03b
Undue Hardship for
  Co-owner or Co-owner's Dependents.
The co-owner must state in the
  affidavit that the immobilized motor vehicle is necessary for the employment of
  the co-owner and the failure to release the motor vehicle will cause undue
  hardship to the co-owner or dependents; and
004.03c
Unauthorized
  Use.
The co-owner must state in the affidavit that he or she will
  not authorize the use of the motor vehicle by a person known by the co-owner to
  have been an offender and the co-owner will immediately report to a local law
  enforcement agency any unauthorized use of the motor vehicle by any
  offender.
Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 247 - NEBRASKA ADMINISTRATIVE CODE, NEBRASKA DEPARTMENT OF MOTOR VEHICLES › Chapter 14 - RULES AND REGULATIONS GOVERNING HARDSHIP EXEMPTIONS FOR THE RELEASE OF IMMOBILIZED MOTOR VEHICLES PURSUANT TO NEB. REV. STAT. SECTION 60-6,197.01 › Section 247-14-005 - VIOLATION OF AFFIDAVIT

Current through June 17, 2024
A co-owner who executes an affidavit which is acted upon by the court
	 and who fails to immediately report the unauthorized use of the motor vehicle
	 which is the subject of the affidavit is guilty of a Glass IV misdemeanor and
	 will not be permitted to file any additional affidavits.
Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 247 - NEBRASKA ADMINISTRATIVE CODE, NEBRASKA DEPARTMENT OF MOTOR VEHICLES › Chapter 14 - RULES AND REGULATIONS GOVERNING HARDSHIP EXEMPTIONS FOR THE RELEASE OF IMMOBILIZED MOTOR VEHICLES PURSUANT TO NEB. REV. STAT. SECTION 60-6,197.01 › Attachment 1

Current through June 17, 2024
Click
	 here to view
Click
	 here to view
Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 247 - NEBRASKA ADMINISTRATIVE CODE, NEBRASKA DEPARTMENT OF MOTOR VEHICLES › Chapter 15 - RULES AND REGULATIONS GOVERNING THE MOTOR VEHICLE INSURANCE DATA BASE PURSUANT TO NEB. REV. STAT. SECTIONS 60-362, 60-387, AND 60-3,136 THROUGH 60-3,139 › Section 247-15-001 - SCOPE

Current through June 17, 2024
Neb. Rev. Stat.
§
									60-387
	 provides that application for registration of motor vehicles shall be
	 accompanied by proof of financial responsibility and that proof of financial
	 responsibility may be evidenced by a check by the Department of Motor Vehicles
	 or its agents of the Motor Vehicle Insurance Data Base created by
Neb. Rev. Stat.
§
									60-3,136
	 through
	 60-3,139
	 or by any other automated or electronic means as prescribed or developed by the
	 Department of Motor Vehicles. These rules and regulations govern the
	 administration and requirements of the Motor Vehicle Insurance Data Base by the
	 Department of Motor Vehicles pursuant to the above statutes.
Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 247 - NEBRASKA ADMINISTRATIVE CODE, NEBRASKA DEPARTMENT OF MOTOR VEHICLES › Chapter 15 - RULES AND REGULATIONS GOVERNING THE MOTOR VEHICLE INSURANCE DATA BASE PURSUANT TO NEB. REV. STAT. SECTIONS 60-362, 60-387, AND 60-3,136 THROUGH 60-3,139 › Section 247-15-002 - PURPOSE

Current through June 17, 2024
These rules and regulations relate to the record reporting
	 requirements of the Motor Vehicle Insurance Data Base and provide insurers or
	 insurer groups with the necessary information to comply with those reporting
	 requirements.
Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 247 - NEBRASKA ADMINISTRATIVE CODE, NEBRASKA DEPARTMENT OF MOTOR VEHICLES › Chapter 15 - RULES AND REGULATIONS GOVERNING THE MOTOR VEHICLE INSURANCE DATA BASE PURSUANT TO NEB. REV. STAT. SECTIONS 60-362, 60-387, AND 60-3,136 THROUGH 60-3,139 › Section 247-15-004 - INSURER OR INSURER GROUP REQUIREMENTS

Current through June 17, 2024
004.01
Required
  Reporting.
Each insurer or insurer group authorized to transact the business of
	 automobile liability insurance and issuing automobile liability insurance
	 policies in Nebraska shall electronically file records of each primary
	 automobile liability insurance policy issued in Nebraska insuring vehicles
	 registered in Nebraska for inclusion in the Motor Vehicle Insurance Data Base.
	 Insurers or insurer groups are required to report all such automobile liability
	 insurance policies to the Department when an insurer's or insurer group's
	 direct written premiums for automobile liability insurance policies are
	 $100,000 or more as reported to the National Association of Insurance
	 Commissioners for the prior calendar year and the Department has sent
	 notification
(see of these rules and regulations)
. The insurer
	 or insurer groups has 90 days from the mailing date of written notification by
	 the Department to comply with the requirements of the Motor Vehicle Insurance
	 Data Base. When calculating when an insurer group has direct written premiums
	 for automobile liability insurance policies, it shall be the total of such
	 premiums for all members of the insurer group for purposes of enforcement of
	 these regulations.
004.02
Exclusions.
The following shall be excluded from reporting to the Motor Vehicle
	 Insurance Data Base:
004.02A Any
  vehicle registered with the Department of Motor Vehicles, Division of Motor
  Carrier Services, pursuant to
Neb. Rev. Stat.
§§
										60-3,192
  through
  60-3,206;
004.02B Any person who qualifies as a
  self-insurer;
004.02C
  Trailers;
004.02D Vehicles not
  required to be registered (i.e., cranes, tractors, golf carts, ATV's,
  etc.);
004.02E
  Snowmobiles;
004.02F
  Motorboats;
004.02G Excess
  liability policies; and
004.02H
  Physical damage only policies.
Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 247 - NEBRASKA ADMINISTRATIVE CODE, NEBRASKA DEPARTMENT OF MOTOR VEHICLES › Chapter 15 - RULES AND REGULATIONS GOVERNING THE MOTOR VEHICLE INSURANCE DATA BASE PURSUANT TO NEB. REV. STAT. SECTIONS 60-362, 60-387, AND 60-3,136 THROUGH 60-3,139 › Section 247-15-005 - DEPARTMENT REQUIREMENTS

Current through June 17, 2024
005.01
Notification
  Required.
The Department will provide mailed written notice to insurers or
	 insurer groups, or other entities authorized to transact the business of
	 automobile liability insurance in Nebraska and which issue automobile liability
	 insurance policies in this state, to begin required reporting of records of
	 automobile liability insurance policies, insurer groups, or other entities
	 authorized to transact the business of automobile liability insurance in
	 Nebraska and which issue automobile liability insurance policies in this state
	 when the insurer's or insurer group's direct written premiums are $100,000 or
	 more as reported to the National Association of Insurance Commissioners for the
	 prior calendar year.
005.02
Data Base Message.
Upon inquiry by the Department, its agents, or law enforcement, the
	 Department shall return the following electronic message when an insurance
	 record is not found on the Motor Vehicle Insurance Data Base: "Information
	 Unavailable, Review of Insurance Card Required".
005.03
Record
  Validity.
The Department, its agents, or law enforcement shall not consider as
	 valid any record contained in the Motor Vehicle Insurance Data Base after
	 midnight on the expiration date associated with such record.
005.04
Publication
  Required.
The Department shall publish and make available to all insurers and
	 insurer groups a Nebraska Insurance Reporting Guide (Guide). This Guide, as
	 amended from time to time, shall provide the insurer or insurer group with all
	 of the technical information needed for the insurer or insurer group to comply
	 with the requirements of the Motor Vehicle Insurance Data Base. The Department
	 will make the Guide available in electronic format.
005.05
Record Error
  Reports.
The Department shall return to the reporting insurers or insurer
	 groups error reports that include, but are not limited to, the
	 following:
005.05A Incorrect data
  format;
005.05B Vehicle
  identification number not found on the Department's Vehicle Title and
  Registration System;
005.05C
  Invalid vehicle identification numbers submitted;
005.05D Invalid expiration dates submitted;
  and
005.05E Any record submitted
  that fails to comply with the Nebraska Insurance Reporting Guide.
Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 248 - NEBRASKA DEPARTMENT OF MOTOR VEHICLES › Chapter 1 - STANDARDS FOR AN INFORMAL DISPUTE SETTLEMENT PROCEDURE › Section 248-1-001 - SCOPE

Current through June 17, 2024
001.01
Applicability.
These standards apply to all mechanisms
  as defined in these rules and regulations.
001.02
Incorporation by
  Reference.
The following regulations are adopted, promulgated and
  incorporated in these rules and regulations by reference:
001.02A Federal Trade Commission (FTC)
  regulations 16 CFR Part
703
in existence as of February 22,
  1983.
Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 248 - NEBRASKA DEPARTMENT OF MOTOR VEHICLES › Chapter 1 - STANDARDS FOR AN INFORMAL DISPUTE SETTLEMENT PROCEDURE › Section 248-1-002 - DEFINITIONS

Current through June 17, 2024
002.01
Consumer
means the purchaser, other than for purposes of resale, of a motor vehicle
  normally used for personal, family, household, or business purposes, any person
  to whom such motor vehicle is transferred for the same purposes during the
  duration of an express warranty applicable to such motor vehicle, and any other
  person entitled by the terms of such warranty to enforce the obligations of the
  warranty.
002.02
Manufacturer's express warranty
means the written
  warranty, so labeled, of the manufacturer of a new motor vehicle.
002.03
Mechanism
means an informal dispute resolution procedure adopted by the manufacturer to
  resolve questions of law and fact relating to disputes between consumers and
  the manufacturer commencing within one year following the expiration of the
  express warranty term, or two years following the date of original delivery of
  a motor vehicle to the consumer, whichever is the earlier date.
002.04
Motor vehicle
means a new motor vehicle as defined in
Neb. Rev.
  Stat.
60-1401.02 (8), which is sold in this state, excluding
  self-propelled mobile homes as defined in section
  60-301.
002.03
Warrantor
means any person who gives or offers to give a written warranty which
  incorporates an informal dispute settlement mechanism.
Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 248 - NEBRASKA DEPARTMENT OF MOTOR VEHICLES › Chapter 1 - STANDARDS FOR AN INFORMAL DISPUTE SETTLEMENT PROCEDURE › Section 248-1-003 - DUTIES OF WARRANTOR

Current through June 17, 2024
003.01
Disclosure.
The warrantor shall disclose clearly and
  conspicuously at least the following information on the face of the written
  warranty:
003.01A A statement of the
  availability of the informal dispute settlement mechanism; and
003.01B The name and address of the
  Mechanism, or the name and a telephone number of the Mechanism which consumers
  may use without charge.
Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 248 - NEBRASKA DEPARTMENT OF MOTOR VEHICLES › Chapter 1 - STANDARDS FOR AN INFORMAL DISPUTE SETTLEMENT PROCEDURE › Section 248-1-004 - MECHANISM ORGANIZATION

Current through June 17, 2024
004.01
Impartiality.
If a manufacturer has established or
  participates in a dispute settlement procedure, such procedure shall insure
  that the system 'is impartial, accessible within this state to the buyer and
  shall operate at no cost to the buyer.
004.02
Influence by Manufacturer
  or Sponsor.
The manufacturer and the sponsor of the dispute
  mechanism Of other than the manufacturer) shall take all steps necessary to
  insure that the Mechanism and its members and staff are sufficiently insulated
  from the manufacturer and the sponsor, so that the decisions of the members and
  the performance of the staff are not influenced by either the warrantor or the
  sponsor.