reglab/statecodes huggingface dataset:
Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 249 - NEBRASKA DEPARTMENT OF MOTOR VEHICLES › Chapter 1 - RULES AND REGULATIONS GOVERNING NOTICE AND HEARING FOR AGENCY CONTESTED CASES PURSUANT TO THE MOTOR VEHICLE OPERATORS' LICENSES STATUTES, SUBPART H: PROVISIONS APPLICABLE TO OPERATION OF COMMERCIAL MOTOR VEHICLES, NEB.REV.STATS. 60-4,163 THROUGH 60-4,172, AND THE NEBRASKA ADMINISTRATIVE PROCEDURE ACT, NEB.REV.STATS. 84-913 THROUGH 84-920 › Section 249-1-021 - DECISIONS AND FINAL ORDER

Current through June 17, 2024
021.01
Written Order of
  disqualification.
After hearing, Director shall issue an order of disqualification that
	 shall be in writing and shall be accompanied by findings of fact and
	 conclusions of law. The administrative determination shall be that the
	 Appellant either refused to submit to a chemical test or tests of blood or
	 breath or submitted to the required chemical test or tests and possessed an
	 alcohol concentration at or in excess of .04 or more or that the administrative
	 disqualification proceeding should be dismissed.
If the address on the Director's records differs from the address on
	 the sworn report, the order shall be sent to both addresses.
021.02
Content
  .
The decision and order shall include:
021.02A A caption heading "Before the
  Director of the Department of Motor Vehicles" and the name/s of the
  parties;
021.02B The time and place
  of the hearing;
021.02C The names
  of all parties or their attorneys or representatives who entered an appearance
  at the hearing;
021.02D A list of
  exhibits entered into the record and all material officially noted;
021.02E The findings of fact consisting of a
  concise statement of the conclusions upon each contested issue of
  fact;
021.02F The order stating
  that the Appellant either refused to submit to a chemical test or tests
  consisting of the action taken by the agency as a result of the facts found and
  the legal conclusions arising therefrom.
021.02G
Notice of Period
  of Disqualification.
The order shall state that after the
  person whose commercial driver's license or privilege to operate a commercial
  motor vehicle has been revoked that his or her license has been disqualified
  and summarily revoked. The order shall (1) contain a list of the disqualifying
  convictions or administrative authority for the revocation with the dates on
  which such disqualifying violation occurred and the dates of such convictions
  or administrative determinations and the trial courts or administrative
  agency(ies) in which such administrative determinations were rendered; (2)
  state the period of the revocation and disqualification; and (3) include a
  demand that the commercial driver's license be returned to the Director
  immediately pursuant to
Neb.Rev.Stat.
60-4,170.
Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 249 - NEBRASKA DEPARTMENT OF MOTOR VEHICLES › Chapter 1 - RULES AND REGULATIONS GOVERNING NOTICE AND HEARING FOR AGENCY CONTESTED CASES PURSUANT TO THE MOTOR VEHICLE OPERATORS' LICENSES STATUTES, SUBPART H: PROVISIONS APPLICABLE TO OPERATION OF COMMERCIAL MOTOR VEHICLES, NEB.REV.STATS. 60-4,163 THROUGH 60-4,172, AND THE NEBRASKA ADMINISTRATIVE PROCEDURE ACT, NEB.REV.STATS. 84-913 THROUGH 84-920 › Section 249-1-022 - APPEAL

Current through June 17, 2024
022.01
District
  Court.
Any party who feels himself or herself aggrieved because of an order of
	 disqualification and revocation pursuant to
Neb.Rev.Stat.
60-4,167 may appeal from such order to
	 the district court of the county where the alleged violation occurred in
	 accordance with the Administrative Procedure Act.
022.02 If a stay is allowed and the final
  judgment of the court finds against the person appealing, the period of
  disqualification shall commence at the time of the final judgment of the court
  for the full period of the time of the disqualification.
022.03
Stay upon
  Appeal.
Such appeal shall not suspend the order of disqualification unless a
	 stay is allowed by the court pending a final determination of the
	 review.
Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 249 - NEBRASKA DEPARTMENT OF MOTOR VEHICLES › Chapter 1 - RULES AND REGULATIONS GOVERNING NOTICE AND HEARING FOR AGENCY CONTESTED CASES PURSUANT TO THE MOTOR VEHICLE OPERATORS' LICENSES STATUTES, SUBPART H: PROVISIONS APPLICABLE TO OPERATION OF COMMERCIAL MOTOR VEHICLES, NEB.REV.STATS. 60-4,163 THROUGH 60-4,172, AND THE NEBRASKA ADMINISTRATIVE PROCEDURE ACT, NEB.REV.STATS. 84-913 THROUGH 84-920 › Section 249-1-023 - COMPUTING TIME FOR MOTIONS, REQUESTS, PETITIONS OR PLEADINGS

Current through June 17, 2024
When a motion, request, petition or pleading is required to be filed,
	 received or delivered a certain number of days before a hearing or other
	 specified event and computing time is not prescribed by any other statute, the
	 days for performance will be computed by excluding the day of the act or event
	 and including the last day of the period. If the last day of the period falls
	 on a Saturday, Sunday, or state holiday, the period shall include the next
	 working day.
Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 249 - NEBRASKA DEPARTMENT OF MOTOR VEHICLES › Chapter 1 - RULES AND REGULATIONS GOVERNING NOTICE AND HEARING FOR AGENCY CONTESTED CASES PURSUANT TO THE MOTOR VEHICLE OPERATORS' LICENSES STATUTES, SUBPART H: PROVISIONS APPLICABLE TO OPERATION OF COMMERCIAL MOTOR VEHICLES, NEB.REV.STATS. 60-4,163 THROUGH 60-4,172, AND THE NEBRASKA ADMINISTRATIVE PROCEDURE ACT, NEB.REV.STATS. 84-913 THROUGH 84-920 › Attachment 1

Current through June 17, 2024
Click
	 here to view
Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 249 - NEBRASKA DEPARTMENT OF MOTOR VEHICLES › Chapter 1 - RULES AND REGULATIONS GOVERNING NOTICE AND HEARING FOR AGENCY CONTESTED CASES PURSUANT TO THE MOTOR VEHICLE OPERATORS' LICENSES STATUTES, SUBPART H: PROVISIONS APPLICABLE TO OPERATION OF COMMERCIAL MOTOR VEHICLES, NEB.REV.STATS. 60-4,163 THROUGH 60-4,172, AND THE NEBRASKA ADMINISTRATIVE PROCEDURE ACT, NEB.REV.STATS. 84-913 THROUGH 84-920 › Attachment 2

Current through June 17, 2024
Click
	 here to view
Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 250 - NEBRASKA ADMINISTRATIVE CODE › Chapter 1 - RULES AND REGULATIONS OF THE DEPARTMENT OF MOTOR VEHICLES REGARDING THE APPROVAL AND INSTALLATION OF IGNITION INTERLOCK DEVICES AND ADMINISTRATION OF THE IGNITION INTERLOCK PERMIT PROGRAM › Section 250-1-001 - PURPOSE

Current through June 17, 2024
The purpose of these rules and regulations is to promulgate performance
	 standards for the approval and the installation of ignition interlock devices
	 (also known as Breath Alcohol Ignition Interlock Device or BAIID) and
	 administration of the ignition interlock permit program.
Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 250 - NEBRASKA ADMINISTRATIVE CODE › Chapter 1 - RULES AND REGULATIONS OF THE DEPARTMENT OF MOTOR VEHICLES REGARDING THE APPROVAL AND INSTALLATION OF IGNITION INTERLOCK DEVICES AND ADMINISTRATION OF THE IGNITION INTERLOCK PERMIT PROGRAM › Section 250-1-002 - INTERPRETATION

Current through June 17, 2024
These rules shall be interpreted so as to favor the safety of the
	 public and the findings of the legislature that ignition interlock devices are
	 designed to supplement other conditions of probation, reprieve, or punishment
	 of those convicted of driving while intoxicated or driving under the influence.
	 References to statutory standards, regulations, or governmental agencies shall
	 be read as referring to and including any amendments. In the absence of a rule
	 specifically addressing a particular matter, there shall be applied reasonable,
	 just and equitable procedures and substantive decisions which are predictable
	 from the spirit and intent of the legislative enactment and these
	 rules.
Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 250 - NEBRASKA ADMINISTRATIVE CODE › Chapter 1 - RULES AND REGULATIONS OF THE DEPARTMENT OF MOTOR VEHICLES REGARDING THE APPROVAL AND INSTALLATION OF IGNITION INTERLOCK DEVICES AND ADMINISTRATION OF THE IGNITION INTERLOCK PERMIT PROGRAM › Section 250-1-006 - IGNITION INTERLOCK DEVICE APPROVAL AND REMOVAL OF APPROVAL BY THE DEPARTMENT

Current through June 17, 2024
The manufacturer, or his or her designated representative installer,
	 shall report to the Department, the court, district probation of Hce. or the
	 Board according to the information provided on the driver's signed Ignition
	 Interlock Disclaimer form completed and signed prior to installation of the
	 device on a driver's motor vehicle(s) and kept on record. Any suspected
	 violation shall be reported to the appropriate office using the
Ignition
	 interlock Incident Report
form or equivalent. A form may be downloaded
	 from the Department's webpage at
www.dmv.ne.gov
. The following occurrences shall be
	 reported:
006.01
Certificate of Approval.
Upon the demonstration by the provider that a device meets the criteria
	 outlined in these rules and regulations, the Department may issue a certificate
	 of approval for use of the ignition interlock device in Nebraska.
006.02
Removal
  of Approval.
The Department shall maintain a list of approved ignition interlock
	 devices, providers, and their manufacturers. The Department has the sole
	 discretion to approve ignition interlock devices for use in this state or
	 remove such devices from the approved list for failure to comply with these
	 regulations or other good cause shown. If an ignition interlock device is
	 removed from NHTSA's Conforming Product's List, that shall also be grounds for
	 the Department to remove ignition interlock devices from the list of approved
	 interlock devices in this state.
006.03
Webpage.
A randomly ordered list of providers with approved ignition interlock
	 devices for use in Nebraska will be posted on the Department's webpage. It
	 shall be the responsibility of the provider to notify the Department with
	 updated contact information for the webpage.
006.04
Independent Checks
  on Ignition Interlock Devices.
The Department may conduct, or have conducted, independent checks on
	 any of the approved ignition interlock devices to determine if the devices are
	 operating within these rules and regulations. If the independent check
	 indicates that the rules and regulations are not being followed, the Department
	 shall require the provider to correct any abnormality found in the
	 installation, calibration, maintenance checks, or usage records of the device.
	 The provider shall report in writing to the Department within 30 days after
	 receiving notification of the abnormality. The Department has the authority to
	 remove any provider or device not found to be in compliance with these rules
	 and regulations from the list of approved ignition interlock devices.
006.05 Repealed
006.06 Repealed
Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 250 - NEBRASKA ADMINISTRATIVE CODE › Chapter 1 - RULES AND REGULATIONS OF THE DEPARTMENT OF MOTOR VEHICLES REGARDING THE APPROVAL AND INSTALLATION OF IGNITION INTERLOCK DEVICES AND ADMINISTRATION OF THE IGNITION INTERLOCK PERMIT PROGRAM › Section 250-1-007 - INSTALLATION, CALIBRATION, AND REMOVAL

Current through June 17, 2024
007.01 An ignition interlock device, required
  by an administrative license revocation, probation order, sentence, or Board
  order, shall be a device approved by the Department and installed by the
  provider in conformance with the directions of the manufacturer. A device must
  be installed by an installer at the provider's physical location or by a
  provider's mobile installation service.
007.02
Instruction.
The provider shall instruct the driver in the operation of the ignition
	 interlock device, safe operation of a motor vehicle while the ignition
	 interlock device is installed, and compliance with required procedures,
	 including but not limited to responding to a signal from the device to report
	 to the provider for service. These procedures shall include a minimum 15-minute
	 waiting period between the last drink of an alcoholic beverage and time of
	 blowing into the ignition interlock device. The driver shall be instructed that
	 he or she must contact the provider to have the interlock data logger
	 downloaded within five days of receipt of a message for service. The driver
	 shall be instructed that failure to arrange and complete such download or
	 service within five days will result in a lockout requiring towing of the motor
	 vehicle.
007.03
Required Calibration.
The ignition interlock device shall signal a need for calibration to
	 the set point (.03 BrAC) at 30 days. If the calibration is not checked by the
	 provider prior to the 36th day, on the 36th day the ignition interlock device
	 shall prevent the motor vehicle from being started. The ignition interlock
	 device may be calibrated using either a wet alcohol standard or a compressed
	 gas standard. The ignition interlock may be calibrated by the provider using a
	 mailing service. The calibration record shall be maintained by the provider and
	 a copy shall be given to the driver. The calibration record shall
	 include:
007.03A The name of the
  person performing the calibration;
007.03B The date;
007.03C The value and type of standard
  used;
007.03D The unit type and
  identification number(s) of the ignition interlock device checked;
  and
007.03E The description of the
  motor vehicle in which the ignition interlock device is installed, including
  plate number and state, make, model, year, and color.
Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 250 - NEBRASKA ADMINISTRATIVE CODE › Chapter 1 - RULES AND REGULATIONS OF THE DEPARTMENT OF MOTOR VEHICLES REGARDING THE APPROVAL AND INSTALLATION OF IGNITION INTERLOCK DEVICES AND ADMINISTRATION OF THE IGNITION INTERLOCK PERMIT PROGRAM › Section 250-1-009 - IGNITION INTERLOCK COSTS

Current through June 17, 2024
The costs associated with ignition interlock device requirements shall
	 be paid by the driver directly to the provider of the ignition interlock
	 device. Such costs shall include, but are not limited to, refundable deposit,
	 installation, maintenance, and removal of an ignition interlock device.
009.01
Refundable Deposit
  Fee.
A provider may charge a driver a deposit fee prior to the installation
	 of an ignition interlock device. If a provider requires payment of a deposit
	 prior to installation, such fee must be required of all drivers and shall not
	 be charged selectively. The amount of the deposit fee charged shall be uniform
	 for all drivers and may not exceed the amount of the installation fee charged
	 for an ignition interlock device.
009.01A
Deposit and
  Refund.
The deposit amount may be used by the provider to
  offset unpaid costs owed to the provider by the driver, including damages to
  the ignition interlock device. The provider shall give the driver an itemized
  statement of any costs that were deducted from the refund amount. The provider
  shall keep a copy of that itemized statement .
009.01B
Indigent
  Deposit.
A provider may require payment of a refundable
  deposit for the installation of an ignition interlock device for a driver who
  has been determined to be indigent . The Ignition Interlock Fund shall not be
  used to pay the cost of any deposit. The refundable deposit fee shall be paid
  for by the indigent driver and shall be refunded to the indigent driver when
  the device is removed by the provider. A provider who receives reimbursement
  for installation, maintenance, and removal of an iginition interlock device
  from the Department of Motor Vehicles Ignition Interlock Fund shall not offset
  any installation, maintenance, or removal costs from the refund of deposit fee
  to an indigent driver upon return of the device, but may deduct other unpaid or
  damages from the refund. The provider shall give the driver an itemized
  statement of any deductions from the refund amount. The provider shall keep a
  copy of that itemized statement .
Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 250 - NEBRASKA ADMINISTRATIVE CODE › Chapter 2 - RULES AND REGULATIONS GOVERNING REQUESTS FOR AND RELEASE OF PERSONAL INFORMATION CONTAINED IN MOTOR VEHICLE RECORDS PURSUANT TO THE UNIFORM MOTOR VEHICLE RECORDS DISCLOSURE ACT, NEB. REV. STAT. SECTIONS 60-2901 THROUGH 60-2912 › Section 250-2-001 - SCOPE

Current through June 17, 2024
These rules and regulations govern practice and procedure of the
	 Department of Motor Vehicles of the State of Nebraska pursuant to the Uniform
	 Motor Vehicle Records Disclosure Act,
Neb. Rev. Stat.
§§
									60-2901
	 through
	 60-2912.
	 These rules and regulations shall be interpreted to include any amendments to
	 the Uniform Motor Vehicle Records Disclosure Act the Legislature may enact from
	 time to time.
Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 250 - NEBRASKA ADMINISTRATIVE CODE › Chapter 2 - RULES AND REGULATIONS GOVERNING REQUESTS FOR AND RELEASE OF PERSONAL INFORMATION CONTAINED IN MOTOR VEHICLE RECORDS PURSUANT TO THE UNIFORM MOTOR VEHICLE RECORDS DISCLOSURE ACT, NEB. REV. STAT. SECTIONS 60-2901 THROUGH 60-2912 › Section 250-2-002 - FORMS

Current through June 17, 2024
All named forms referred to in these rules and regulations may be found
	 on the Department of Motor Vehicles' web page,
www.dmv.ne.gov
. Forms may be downloaded, completed
	 and returned to the Department. The forms may also be obtained by calling the
	 phone number listed for the Driver and Vehicle Records Division on the
	 website.
Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 250 - NEBRASKA ADMINISTRATIVE CODE › Chapter 2 - RULES AND REGULATIONS GOVERNING REQUESTS FOR AND RELEASE OF PERSONAL INFORMATION CONTAINED IN MOTOR VEHICLE RECORDS PURSUANT TO THE UNIFORM MOTOR VEHICLE RECORDS DISCLOSURE ACT, NEB. REV. STAT. SECTIONS 60-2901 THROUGH 60-2912 › Section 250-2-004 - DISCLOSURE OF PERSONAL INFORMATION CONTAINED IN MOTOR VEHICLE RECORDS

Current through June 17, 2024
004.01
Disclosure
  Prohibited, Exceptions.
Notwithstanding any other provision of state law to the contrary, the
	 Department and any officer, employee, authorized agent, or contractor of the
	 Department shall not disclose personal information or sensitive personal
	 information about any person obtained by the Department in connection with a
	 motor vehicle record, except as provided in these rules and regulations.
004.01A If an officer, employee, authorized
  agent or contractor of the Department acts to disclose personal information or
  sensitive personal information contained in a motor vehicle record, the
  officer, employee, authorized agent or contractor of the Department shall
  disclose such personal information only upon completion of each of the steps
  listed in sections 004.03 and 004.04 of these rules and regulations.
004.01B In no event shall any authorized
  agent or contractor of the Department disclose any personal information or
  sensitive personal information contained in a motor vehicle record without
  first having executed and filed with the Department a Memorandum of
  Understanding.
004.01C Prior to the
  disclosure of any personal information or sensitive personal information
  contained in a motor vehicle record by any officer or employee of the
  Department, that officer or employee must meet the requirements listed in
  section 006.06 of these rules and regulations.
Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 250 - NEBRASKA ADMINISTRATIVE CODE › Chapter 2 - RULES AND REGULATIONS GOVERNING REQUESTS FOR AND RELEASE OF PERSONAL INFORMATION CONTAINED IN MOTOR VEHICLE RECORDS PURSUANT TO THE UNIFORM MOTOR VEHICLE RECORDS DISCLOSURE ACT, NEB. REV. STAT. SECTIONS 60-2901 THROUGH 60-2912 › Section 250-2-005 - DISCLOSURE OF SENSITIVE PERSONAL INFORMATION

Current through June 17, 2024
005.01 Prior to the release of any sensitive
  personal information, the Department and any officer, employee, agent or
  contractor of the Department having custody of a motor vehicle record shall
  comply with the provisions of section 004.01.
005.02 The Department and any officer,
  employee, agent, or contractor of the Department having custody of a motor
  vehicle record shall, upon the verification of identity and purpose of a
  requestor, disclose and make available the requested motor vehicle record,
  including the sensitive personal information in the record, other than the
  social security number, for the following purposes:
005.02A For use by the federal, state, or
  local governmental agency, including any court or law enforcement agency, in
  carrying out the agency's functions or by a private person or entity acting on
  behalf of a governmental agency in carrying out the agency's
  functions;
005.02B For use in
  connection with any civil, criminal, administrative, or arbitral proceeding in
  any federal, state, or local court or governmental agency or before any
  self-regulatory body, including service of process, investigation in
  anticipation of litigation, and execution or enforcement of judgments and
  orders, or pursuant to an order of a federal, state, or local court, an
  administrative agency, or a self-regulatory body;
005.02C For use by any insurer or insurance
  support organization, or by a self-insured entity, or its agents, employees, or
  contractors, in connection with claims investigation activities, anti-fraud
  activities, rating, or underwriting; and
005.02D For use by an employer or the
  employer's agent or insurer to obtain or verify information relating to a
  holder of a commercial driver's license that is required under the Commercial
  Motor Vehicle Safety Act of 1986,
  49
  U.S.C. 31301 et seq., or pursuant to
Neb. Rev. Stat.
§§
										60-4,132 and
  60-4,141.
Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 250 - NEBRASKA ADMINISTRATIVE CODE › Chapter 2 - RULES AND REGULATIONS GOVERNING REQUESTS FOR AND RELEASE OF PERSONAL INFORMATION CONTAINED IN MOTOR VEHICLE RECORDS PURSUANT TO THE UNIFORM MOTOR VEHICLE RECORDS DISCLOSURE ACT, NEB. REV. STAT. SECTIONS 60-2901 THROUGH 60-2912 › Section 250-2-006 - PROCEDURE FOR REQUESTING DISCLOSURE OF PERSONAL INFORMATION CONTAINED IN MOTOR VEHICLE RECORDS

Current through June 17, 2024
006.01 Request for Personal Information in a
  Motor Vehicle Record, Requirements
Any request for disclosure of personal information contained in a motor
	 vehicle record must be made as follows:
006.01A The request must be made on either an
  Application for Copy of Driving Record form, an Application for Copy of Vehicle
  Record form, an Application for Multiple Driving Records form, or an
  Application for More Than One Vehicle Record form, and must contain a signed
  statement of the requestor whereby the requestor certifies that the information
  contained on the motor vehicle record(s) received will only be used as
  authorized by the Uniform Motor Vehicle Records Disclosure Act and acknowledges
  that the request is made with the understanding that any person making such a
  request who misrepresents either their identity or the purpose for which the
  information is requested shall be guilty of a Class IV felony. The appropriate
  form may be obtained from the Department of Motor Vehicles' web site pursuant
  to section 002 in these regulations.
006.01B Any person requesting the disclosure
  of personal information contained in a motor vehicle record must furnish proof
  of identity as provided in section
  004.03A2 of these
  rules and regulations.
Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 250 - NEBRASKA ADMINISTRATIVE CODE › Chapter 3 - RULES AND REGULATIONS GOVERNING DEPARTMENT OF MOTOR VEHICLES APPROVAL OF DRIVER'S SAFETY TRAINING PROGRAMS AS PRETRIAL DIVERSION PURSUANT TO NEB. REV. STAT. SECTIONS 29-3601 THROUGH 29-3609 › Section 250-3-001 - SCOPE

Current through June 17, 2024
These rules and regulations govern Department of Motor Vehicles
	 approval of driver's safety training programs as pretrial diversion pursuant to
Neb. Rev. Stat.
§§
									29-3601
	 through
	 29-3609.
	 These rules and regulations apply to diversion programs offered to persons
	 charged with minor traffic violations as an alternative to traditional justice
	 proceedings for such minor traffic violations.
Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 250 - NEBRASKA ADMINISTRATIVE CODE › Chapter 3 - RULES AND REGULATIONS GOVERNING DEPARTMENT OF MOTOR VEHICLES APPROVAL OF DRIVER'S SAFETY TRAINING PROGRAMS AS PRETRIAL DIVERSION PURSUANT TO NEB. REV. STAT. SECTIONS 29-3601 THROUGH 29-3609 › Section 250-3-002 - DEFINITIONS

Current through June 17, 2024
For the purposes of these rules and regulations:
002.01
Contested
  case
Contested case means a proceeding before an agency in which the legal
	 rights, duties, or privileges of specific parties are required by law or
	 constitutional right to be determined after an agency hearing.
002.02
County
  attorney
County attorney means a prosecuting attorney for any county or city
	 authorized to establish pretrial diversion programs pursuant to
Neb. Rev. Stat.
§§
										29-104
	 and
	 29-3602.
002.03
Department
Department means the Nebraska Department of Motor Vehicles.
002.04
Director
Director means the Director of the Nebraska Department of Motor
	 Vehicles or his or her designee.
002.05
Driver's Safety Training
  Program or program
Driver's Safety Training Program or program means a pretrial diversion
	 curriculum for minor traffic violations, sometimes referred to as Safety
	 Training Option Programs (STOP).
002.06
Instructor
Instructor means any person who teaches, conducts classes, gives
	 demonstrations, or supervises instruction of a driver's safety training
	 program.
002.07
Jurisdiction
Jurisdiction means any county or city authorized to establish pretrial
	 diversion programs pursuant to
Neb. Rev. Stat.
§
										29-3602.
002.08
Minor traffic
  violation
Minor traffic violation means infractions as provided in
Neb. Rev. Stat.
§
										60-682
	 but shall not include leaving the scene of an accident, driving under the
	 influence of alcoholic liquor or drugs, reckless driving or willful reckless
	 driving, participating in a speed competition, operating a motor vehicle to
	 avoid arrest, refusing a breath or blood test, driving on a suspended or
	 revoked operator's license, speeding twenty (20) or more miles per hour over
	 the speed limit, operating a motor vehicle without insurance or other financial
	 responsibility in violation of the Motor Vehicle Safety Responsibility Act, any
	 injury accident, or any violation which is classified as a misdemeanor or a
	 felony.
002.09
Plan
Plan means the county or city attorney's plan for pretrial diversion as
	 provided in
Neb. Rev. Stat.
§ 39-3606 which
	 includes a driver's safety training program for diversion of minor traffic
	 offenses.
002.10
Provider
Provider means any organization (commercial, non-profit, public, or
	 private) that offers a driver's safety training program.
Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 250 - NEBRASKA ADMINISTRATIVE CODE › Chapter 3 - RULES AND REGULATIONS GOVERNING DEPARTMENT OF MOTOR VEHICLES APPROVAL OF DRIVER'S SAFETY TRAINING PROGRAMS AS PRETRIAL DIVERSION PURSUANT TO NEB. REV. STAT. SECTIONS 29-3601 THROUGH 29-3609 › Section 250-3-004 - COUNTY OR CITY ATTORNEY'S PLAN FOR A JURISDICTION

Current through June 17, 2024
The county attorney, as provided in
Neb. Rev.
	 Stat.
§§
									29-104
	 and
	 29-3604,
	 may establish a pretrial diversion program. The county attorney shall be
	 responsible for the plan required by
Neb. Rev. Stat.
§
									29-3606
	 for pretrial diversion for minor traffic offenses in a specific
	 jurisdiction.
004.01 A county attorney
  may select one (1) or more providers to offer a program in a jurisdiction, but
  any provider selected must be certified by the Department prior to offering a
  program to any individuals seeking to defer minor traffic offenses. If there
  are multiple providers selected by the county attorney in a jurisdiction, each
  provider must charge a uniform fee to all program participants in that
  jurisdiction. A county attorney who establishes a plan for pretrial diversion
  of minor traffic offenses in a jurisdiction shall provide an itemized breakdown
  of fees charged by a jurisdiction and fees received by a jurisdiction (see
  003.03 of these regulations for details) to any provider seeking certification
  of a program, as follows:
004.01A An itemized
  breakdown of fees charged by the jurisdiction shall contain all costs necessary
  to the presentation of the program, which may include costs germane to the
  specific program and which adhere to generally accepted accounting
  principles.
004.01B An itemized
  breakdown of any fees received by the jurisdiction utilized to pay for the
  costs of administering and operating the program, to promote driver safety, and
  to pay for the costs of administering and operating other safety and
  educational programs within such jurisdiction, which may include costs germane
  to the specific program and which adhere to generally accepted accounting
  principles. This section only applies to jurisdictions which utilize fees
  received to promote driver safety or pay for other safety and educational
  programs.
Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 250 - NEBRASKA ADMINISTRATIVE CODE › Chapter 3 - RULES AND REGULATIONS GOVERNING DEPARTMENT OF MOTOR VEHICLES APPROVAL OF DRIVER'S SAFETY TRAINING PROGRAMS AS PRETRIAL DIVERSION PURSUANT TO NEB. REV. STAT. SECTIONS 29-3601 THROUGH 29-3609 › Section 250-3-005 - ANNUAL RENEWAL

Current through June 17, 2024
An approved certification shall expire one (1) year from the date of
	 issuance. The provider shall apply annually for renewal of the certification by
	 the Department as provided in this section. The application for renewal shall
	 be accompanied by a fee of fifty dollars ($ 50.00). If the fee is paid by check
	 that is returned unfunded, the application shall be denied. A provider shall
	 apply for renewal of the certification sixty (60) days before the expiration
	 date of the previous year's certification. Failure to timely renew the
	 certification shall be grounds for cancellation of the certification. Programs
	 that are not renewed are still subject to the record keeping provisions of 008
	 of these regulations.
Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 250 - NEBRASKA ADMINISTRATIVE CODE › Chapter 3 - RULES AND REGULATIONS GOVERNING DEPARTMENT OF MOTOR VEHICLES APPROVAL OF DRIVER'S SAFETY TRAINING PROGRAMS AS PRETRIAL DIVERSION PURSUANT TO NEB. REV. STAT. SECTIONS 29-3601 THROUGH 29-3609 › Section 250-3-006 - INSTRUCTOR CERTIFICATION; REQUIREMENTS FOR INSTRUCTORS; APPROVAL; CANCELLATION

Current through June 17, 2024
006.01
Application
An application for instructor certification shall include the
	 following information about the applicant. The application form appears as
Attachment 2
to these rules and regulations and may be
	 accompanied by additional documents. The written application may be submitted
	 by an individual or as part of a provider's application for certification of a
	 program. The application shall require the name, home address, date of birth,
	 and driver's license number of the applicant. The applicant shall:
006.01A be at least twenty-one (21) years of
  age; and
006.01B be of good moral
  character; and,
006.01C have a
  valid driver's license and shall:
006.01C1
  have held a valid driver's license for at least two (2) years preceding the
  date of application; and,
006.01C2
  within the last five (5) years, have no violations on his or her driving record
  for which five (5) or more points might be assessed as set out in
Neb. Rev. Stat.
§
											60-4,182
  or equivalent from another jurisdiction. The driving record must not have any
  violations for DWI or any alcohol related or drug offense, or occupant
  restraint or motorcycle helmet violation within the last five (5) years;
  and,
006.01C3 have no suspensions
  or revocations on his or her driving record within the last five (5) years
  unless the applicant provides suitable evidence that there is a mistake or
  error on the record.
006.01D have a high school diploma or its
  equivalent; and
006.01E provide
  description or summary of the applicant's training and/or work experience that
  qualifies the applicant to be an instructor. Acceptable training may include
  successful completion of a nationally recognized instructor development
  program.
Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 250 - NEBRASKA ADMINISTRATIVE CODE › Chapter 3 - RULES AND REGULATIONS GOVERNING DEPARTMENT OF MOTOR VEHICLES APPROVAL OF DRIVER'S SAFETY TRAINING PROGRAMS AS PRETRIAL DIVERSION PURSUANT TO NEB. REV. STAT. SECTIONS 29-3601 THROUGH 29-3609 › Section 250-3-007 - PROVIDER'S RESPONSIBILITY TO NOTIFY THE DEPARTMENT

Current through June 17, 2024
Each provider shall notify the Department, in writing, within the
	 specified period of any of the following:
007.01
Name Change
Any change in the provider's authorized contact person or the
	 provider's name, legal status, or address shall be provided to the Department
	 in writing ten (10) days prior to its occurrence.
007.02
Instructor
  Change
Any addition or deletion of
a
certified
	 instructor or changes in his or her driving status within ten (10) days of the
	 date of occurrence. The provider shall notify the Department of any change in
	 an instructor's driving status or any conviction for violation of a motor
	 vehicle law of this state or any other jurisdiction received by any instructor
	 the next working day, whenever it comes to the attention of the
	 provider.
007.03
Program Closure
If a program ceases to operate, the provider shall notify the
	 Department ten (10) days prior to the date operation ceases. The provider shall
	 arrange for retention of program records as required by the regulations and
	 shall notify the Department of those arrangements and how the department's
	 inspectors or auditors may gain access to such records.
007.04
Insurance Cancellation or
  Change
If the provider's insurance for program activities is cancelled or
	 altered by the insurer, or if the provider changes insurance carriers, the
	 provider shall notify the Department within ten (10) working days.
007.05
Curriculum
  Change
If there is any change in the curriculum, or locations of the program,
	 the provider shall notify the Department not less than ten (10) days prior to
	 the change.
Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 250 - NEBRASKA ADMINISTRATIVE CODE › Chapter 3 - RULES AND REGULATIONS GOVERNING DEPARTMENT OF MOTOR VEHICLES APPROVAL OF DRIVER'S SAFETY TRAINING PROGRAMS AS PRETRIAL DIVERSION PURSUANT TO NEB. REV. STAT. SECTIONS 29-3601 THROUGH 29-3609 › Section 250-3-008 - REQUIRED RECORD KEEPING AND TRANSMISSION OF RECORDS

Current through June 17, 2024
Each certified provider shall keep the following records at the
	 authorized contact person location. These records shall be open to inspection
	 by the Department's auditors. Such records shall be maintained for a period of
	 not less than three (3) years from the date of the individual's attendance at a
	 program in the jurisdiction for individual's records and three (3) years from
	 the date of annual certification for other program records. Such records may be
	 computerized but required certificates and copies of final examinations shall
	 be readily accessible or stored in a digitized format.
008.01
List of
  Instructors
All instructors who have taught or are teaching certified programs, and
	 a copy of the driving record abstract of each instructor updated
	 annually.
008.02
Instructor Certification
Copy of the certification of each instructor teaching and who has
	 taught certified programs for the provider.
008.03
Attendance
  Records
Record of every individual who has attended the provider's program,
	 including the name, address, date of birth, and driver's license number of
	 individuals who successfully completed the program and individuals who did not,
	 and the time and place of the individual's attendance of the program, the
	 charge sought to be diverted, and a record of the result of a final examination
	 or equivalent for each attendee.
008.04
Curriculum
  Approval
Copy of the current curriculum for the program and copy of the
	 Department's certification.
008.05
Insurance
Documentation of the provider's current insurance for program related
	 activities, and instructors' program related activities.
008.06 Records of attendees at driver's
  safety training programs shall not be considered public records as defined in
Neb. Rev. Stat.
§
									84-712.01.
008.07
Transmission of Attendance
  Records
Other than transmission of attendance records as required by these
	 rules and regulations and compliance with audits, providers shall strive to
	 keep individual records confidential.
008.07A A provider shall keep documentation
  of each transmission of a report of each attendee at the provider's programs to
  all other similar programs in the state designed to ensure that no individual
  takes an approved program course more than once within any three-year (3-year)
  period in Nebraska.
008.07B The
  records listed in 008.03 shall be transmitted electronically and made available
  to all other providers in the State of Nebraska through a data base which shall
  be established by the various providers in the State of Nebraska. The data base
  developed by the providers shall be approved by the Department, and shall be
  easily accessible to all certified providers.
Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 250 - NEBRASKA ADMINISTRATIVE CODE › Chapter 3 - RULES AND REGULATIONS GOVERNING DEPARTMENT OF MOTOR VEHICLES APPROVAL OF DRIVER'S SAFETY TRAINING PROGRAMS AS PRETRIAL DIVERSION PURSUANT TO NEB. REV. STAT. SECTIONS 29-3601 THROUGH 29-3609 › Section 250-3-009 - INSPECTIONS

Current through June 17, 2024
009.01
Audits and
  Inspections
The Department may conduct random inspections and audits of the
	 provider's approved program at the location of the provider's program and/or
	 the location of the provider's authorized contact person. A provider shall upon
	 demand produce all records, instructional aides, and facilities to the
	 Department's auditors that are necessary to the inspection and audit. The
	 Department will provide three (3) working days notice for an audit.
009.02
Results
The Department shall prepare written report of the results of each
	 inspection and audit. A copy of the report shall be provided to the program
	 provider.
Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 250 - NEBRASKA ADMINISTRATIVE CODE › Chapter 3 - RULES AND REGULATIONS GOVERNING DEPARTMENT OF MOTOR VEHICLES APPROVAL OF DRIVER'S SAFETY TRAINING PROGRAMS AS PRETRIAL DIVERSION PURSUANT TO NEB. REV. STAT. SECTIONS 29-3601 THROUGH 29-3609 › Section 250-3-010 - PROHIBITED PRACTICES

Current through June 17, 2024
Under any circumstances, a provider shall not:
010.01 Allow any individual to attend a
  driver's safety training program, if the individual holds a commercial driver's
  license as provided in the Commercial Motor Vehicle Safety Act of 1986 (CMVSA)
  as amended by the Motor Carrier Safety Improvement Act of 1999 (MCSIA), and
  federal regulations issued pursuant to such acts found in 49 CFR Parts 350,
  383, 384 and 390.
(
49 CFR §
													384.226 Prohibition on masking
	 convictions.
The State must not mask, defer imposition of
	 judgment, or allow an individual to enter into a diversion program that would
	 prevent a CDL driver's conviction for any violation, in any type of motor
	 vehicle, of a State or local traffic control law (except a parking violation)
	 from appearing on the driver's record, whether the driver was convicted for an
	 offense committed in the State where the driver is licensed or another
	 State.)
010.02
  Allow any individual to attend a driver's safety training program, if the
  individual seeks to divert any offense other than a minor traffic offense as
  defined in these rules and regulations.
010.03 Allow any individual to attend a
  driver's safety training program without first checking the provider's own
  records and the records of other providers in Nebraska to determine if the
  individual has previously attended a driver's safety training program within a
  three-year (3-year) period prior to the date of the driver's citation for which
  the driver previously attended a program. The provider shall not allow the
  individual to attend if he or she has previously attended a driver's safety
  training program within the three-year (3-year) period.
010.04 A provider shall not conduct any
  diversion programs for minor traffic violations outside of programs approved by
  these rules and regulations and shall report any unapproved programs to the
  Department immediately.
010.05
  Violations
Violations shall be reported to the Attorney General of the State of
	 Nebraska.
Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 250 - NEBRASKA ADMINISTRATIVE CODE › Chapter 3 - RULES AND REGULATIONS GOVERNING DEPARTMENT OF MOTOR VEHICLES APPROVAL OF DRIVER'S SAFETY TRAINING PROGRAMS AS PRETRIAL DIVERSION PURSUANT TO NEB. REV. STAT. SECTIONS 29-3601 THROUGH 29-3609 › Section 250-3-011 - DENIALS, REFUSAL TO RENEW, OR REVOCATION OF CERTIFICATION OF A DRIVER'S SAFETY TRAINING PROGRAM

Current through June 17, 2024
Whenever it comes to the attention of the Department that the provider
	 is not in compliance with these regulations, the Department will deny
	 certification or renewal, or revoke a program's certification for any of the
	 following:
011.01 Engaging in or
  attempting to engage in administration of a program without a
  certificate;
011.02 Fraud, forgery,
  or misrepresentation in an application;
011.03 Failure to provide notice to the
  Department as required by these rules and regulations;
011.04 Failure to permit on-site inspections
  or audits or produce records as required by these rules and
  regulations;
011.05 Failure to pay
  the fee as required by these rules and regulations;
011.06 Failure at any time to comply with the
  Motor Vehicle Operator's License Act or the rules and regulations adopted and
  promulgated by the Department under that Act;
011.07 Lack of business stability;
011.08 Corruption, bribery, fraud, forgery,
  or falsification of any documents relating to the school, program attendees,
  instructors, test score sheets;
011.09 Employing an instructor who has a
  conviction for driving a motor vehicle under the influence within the previous
  five (5) years of the date of application;
011.10 Employing an instructor who has a
  suspended or revoked driver's license within the previous five (5) years of the
  date of application, or who has a five-point (5-point) or more driving
  violation, or who does not meet the requirements of 006 of these
  regulations;
011.11 Failure to
  share records of program attendees with other approved providers in a timely
  fashion as required by 008 and 003.05;
011.12 Allowing any individual to attend an
  approved program more than once in a three-year (3-year) period in
  Nebraska;
011.13 Failure to provide
  certified instructors;
011.14
  Discontinuation of a certified program in a specific jurisdiction by a
  jurisdiction's county attorney and/or decision to end a program in that
  jurisdiction, and/ or a decision by the governing body of a jurisdiction to
  withdraw its concurrence;
011.15
  Allowing an individual holding a commercial driver's license to participate in
  a program in violation of federal law as provided in
Neb. Rev.
  Stat.
§
									29-3608;
011.16 Allowing any individual to attend a
  program for violation other than minor traffic violations as defined in
Neb. Rev. Stat.
§
									29-3605;
  or
011.17 Good cause
  shown.
Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 250 - NEBRASKA ADMINISTRATIVE CODE › Chapter 3 - RULES AND REGULATIONS GOVERNING DEPARTMENT OF MOTOR VEHICLES APPROVAL OF DRIVER'S SAFETY TRAINING PROGRAMS AS PRETRIAL DIVERSION PURSUANT TO NEB. REV. STAT. SECTIONS 29-3601 THROUGH 29-3609 › Section 250-3-012 - DENIAL, REFUSAL TO RENEW, OR REVOCATION OF CERTIFICATION OF AN INSTRUCTOR'S CERTIFICATE

Current through June 17, 2024
Whenever it comes to the attention of the Department that an instructor
	 is not in compliance with these regulations, the Department will deny
	 certification or renewal, or revoke an instructor's certification for any of
	 the following:
012.01 No longer meets
  the requirements for certification;
012.02 Has an accumulation of five (5) or
  more points as provided in
Neb. Rev. Stat.
§
									60-4,182
  within the last five (5) years;
012.03 Has any convictions for violations for
  DWI, or for any drug or alcohol related offense, or for occupant restraint, or
  for motorcycle helmet violation within the last five (5) years;
012.04 Has engaged in corruption, bribery,
  fraud, forgery or falsification of driver's safety training program records of
  any kind;
012.05 Has knowingly
  allowed a driver to attend an approved program more than once in a three-year
  (3-year) period in Nebraska;
012.06
  Has knowingly allowed a driver holding a commercial driver's license to
  participate in a program in violation of federal law; or
012.07 Good cause shown.
Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 250 - NEBRASKA ADMINISTRATIVE CODE › Chapter 3 - RULES AND REGULATIONS GOVERNING DEPARTMENT OF MOTOR VEHICLES APPROVAL OF DRIVER'S SAFETY TRAINING PROGRAMS AS PRETRIAL DIVERSION PURSUANT TO NEB. REV. STAT. SECTIONS 29-3601 THROUGH 29-3609 › Section 250-3-013 - APPEAL

Current through June 17, 2024
013.01
Notice
Instructors or providers shall be notified of any denial, refusal to
	 renew, or revocation in writing.
013.02 Request for Hearing
Upon written notice of revocation, or denial of issuance of a new or
	 renewed certificate, the provider or instructor may request a hearing. A
	 request for hearing shall be in writing and must be postmarked or received by
	 the Department within thirty (30) days of the date of issuance of the written
	 notice.
013.03
Stay
Upon receipt of a written request for stay and good cause shown by the
	 provider or instructor, the Director may, at his or her discretion, stay an
	 administrative order denying, or revoking the certificate of any provider or
	 instructor pending completion of an investigation or administrative hearing on
	 the matter.
013.04
Administrative Procedures Act
Hearings shall conform to the Administrative Procedures
	 Act.
Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 250 - NEBRASKA ADMINISTRATIVE CODE › Chapter 3 - RULES AND REGULATIONS GOVERNING DEPARTMENT OF MOTOR VEHICLES APPROVAL OF DRIVER'S SAFETY TRAINING PROGRAMS AS PRETRIAL DIVERSION PURSUANT TO NEB. REV. STAT. SECTIONS 29-3601 THROUGH 29-3609 › Section 250-3-014 - NOTICE; HEARING REQUEST; PROCEDURE

Current through June 17, 2024
014.01
Notice.
Upon revocation or denial of the issuance of a new or a renewal of
	 certificate, the Director of the Department shall notify such provider or
	 instructor in writing.
014.01A
Address.
Written notice shall be sent by certified
  mail to the party's last- known address as shown in the records of the
  Department; and
014.01B
Request for Hearing.
The notice shall state that the
  party may request a hearing by submitting a written request for a hearing to
  the Department which must be postmarked or received within thirty (30) days of
  the date of issuance of the notice.