Statutes, codes, and regulations
Nebraska Administrative Code
MOTOR VEHICLES, DEPARTMENT OFTitle 247 - NEBRASKA ADMINISTRATIVE CODE, NEBRASKA DEPARTMENT OF MOTOR VEHICLES
Chapter 11 - RULES AND REGULATIONS GOVERNING DEPARTMENT OF MOTOR VEHICLES APPROVAL OF DRIVER SAFETY COURSES AND PROVISIONAL OPERATORS PERMITS PURSUANT TO NEB. REV. STAT. 60-4,120.01, 60-4,130.04 and 60-4,130.05
Section 247-11-017 - HEARING; PROCEDURE AND NOTICE

247 Neb. Admin. Code, ch. 11, § 017

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Current through September 17, 2024
Section 247-11-017 - HEARING; PROCEDURE AND NOTICE
017.01Notice.

Whenever the Department denies an initial application for or refuses renewal of, or suspends or revokes a certificate, the Department shall notify the party of its intent to deny, refuse renewal, suspend or revoke in the following manner:

017.01A Written notice shall be sent by certified mail, return receipt requested, to the party's last-known address;
017.01B The notice shall state that the party may request a formal hearing by submitting a written request for formal hearing with the Department within thirty (30) days of the issuance of the notice.
017.02Notice of Formal Hearing.

Upon receipt of a written request for a hearing the Director shall set a hearing date at a time and location designated by the Director, and notify the party. Written notice shall be sent by certified mail, return receipt requested, to the party's last-known address at least fifteen (15) days prior to the hearing.

017.03Parties to a Hearing.

The parties to a hearing shall be the Department and the person or entity notified of impending denial, refusal of renewal, suspension or revocation.

017.04Hearing Officer.

The hearing shall be conducted by the Director or his or her designated hearing officer, who will, inter alia, open the proceedings; enter into the record the notice of hearing; rule on the admissibility of exhibits, take appearances, act on pleadings not previously filed; hear evidence as provided for in these rules and regulations, rule on motions and objections, issue subpoenas, order briefs; cross-examine any witnesses and close the proceedings. Hearing officers make a recommendation to the Director.

017.05Continuances.

Continuances may be granted at the discretion of the Director for good cause or on his or her own motion. A party may request a continuance in the following manner:

017.05A Any party who desires a continuance shall notify the Director in writing, stating in detail the reasons why such continuance is necessary;
017.05B Requests for continuance shall be received by the Department no later than five (5) days prior to hearing:
017.06Official Record.

The Department shall prepare an official record in all hearings in the form of a tape recording.

017.07Decisions-Transmittal.

The Director shall reduce his or her decision or order to writing and deliver that decision or order to the party requesting the hearing. Such delivery shall be by certified mail, return receipt requested.

017.08Representation by Counsel.

Either party may be represented at the hearing by counsel.

017.09Summary Suspension.

The Department may summarily revoke or suspend the certificate of an approved driver safety course, provided that the Department finds that the public safety requires emergency action and incorporates its findings to that effect in its notice of suspension or revocation of certificate. The party may request a hearing within thirty (30) calender days of the date of notice. If so requested, the hearing shall be instituted within ten (10) calender days of the request, and the contest of the summary revocation/suspension shall be promptly determined.

017.10Teleconference Hearings.

The hearing officer may conduct the hearing by telephone, television, or other electronic means if each participant in the hearing has an opportunity to participate in, to hear, and if technically feasible, to see the entire proceeding while it is taking place.

247 Neb. Admin. Code, ch. 11, § 017