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 249-1-016 - CONDUCTING A CDL DISQUALIFICATION CASE

Current through June 17, 2024
016.01
Place and Time
  .
Commercial Motor Vehicle Driver's License hearings shall be held in the
	 county in which the violation occurred or in any county agreed to by the
	 parties.
016.02
Hearing Officer.
Hearings will be conducted by the Director of the Department or by his
	 or her designee and such Hearing Officer shall have the powers established at
	 005 of these Rules and Regulations.
016.03
Open to the
  Public.
Hearings conducted pursuant to these Rules and Regulations shall be
	 open to the public except that upon motion of either party the Director may
	 order that the hearing be closed. The Hearing Officer may at his or her
	 discretion, set rules for the conduct of news media coverage of the hearing and
	 may control the conduct of any other persons attending.
016.04
Official
  Record.
The Hearing Officer shall tape record the proceedings. This recording
	 by the Hearing Officer, along with exhibits received during the hearing, all
	 pleadings, motions, objections, exceptions, officially noted facts, and briefs
	 filed at the hearing or timely thereafter, shall constitute the entire official
	 record of the hearings.
016.05
Other
  Recording.
Proceedings may also be recorded in any manner consistent with a
	 judicial proceeding.
016.06
Procedure for Informal Hearing.
At the discretion of the hearing officer, the hearing may be conducted
	 in the following order:
016.06A
  Hearing Officer opens hearing, introduces self, records those present, and
  enters appearance of any attorneys for the parties on the record;
016.06B Hearing Officer states scope and
  purpose of the hearing;
016.06C
  Hearing Officer offers Department's Exhibits into the hearing record, and rules
  on any objections to the exhibits;
016.06D Hearing Officer disposes of any
  pending motions, petitions, or other matters which need to be heard before
  evidence is taken;
016.06E The
  Hearing Officer first swears in and takes evidence from the arresting officer
  and any other witnesses for the Department; the Appellant may then ask
  questions of the Department's witnesses;
016.06F After the witnesses for the
  Department have testified and the Appellant has finished asking questions, the
  Hearing Officer swears in and takes evidence from the Appellant's witnesses and
  may ask questions of the witnesses;
016.06G During the hearing, any further
  exhibits offered by either party are marked and may be received into the record
  on the judgment of the Hearing Officer;
016.06H The Hearing Officer shall allow for
  closing arguments; and adjourn the hearing;
016.06I If either party requests or the
  Hearing Officer requests that the record be held open for the submission of
  additional evidence, or for the submission of briefs, the Hearing Officer may
  hold the record open for receipt of such evidence or such briefs; and
016.06J
Telephone
  Hearings.
Informal hearings may be conducted by telephone
  or teleconferencing at the discretion of the Director.