249 Neb. Admin. Code, ch. 1, § 005
The CDL disqualification hearing case begins with the filing of a petition and request for hearing with the agency. The petition shall be in a form prescribed by the Department (Attachment 2).
The Petition must be completed and returned to the Nebraska Department of Motor Vehicles, Legal Division, P.O. Box 94789, Lincoln, NE 68509-4789 in the addressed envelope provided. The Petition must be received or postmarked within ten (10) days after the Appellant receives Notice of Disqualification; otherwise, the Appellant's right to a hearing to contest the automatic disqualification of his or her commercial driver's license or operating privileges will be foreclosed and the license will be automatically disqualified. The Notice of Disqualification will be deemed received by the Appellant five (5) days after the date of mailing of the Notice by the Director of the Department of Motor Vehicles.
Upon receipt of a timely filed petition, the Director shall serve written Notice of Hearing by mailing said notice to the Appellant by certified or registered mail to the address provided by the Appellant on the petition form and the attorney of record or other representative of record, if one is provided on the petition form, and upon all unrepresented parties.
Failure of such person to actually claim or receive the Notice shall not invalidate the Notice.
The Notice of hearing shall be served by mailing as specified in 005.03 above postmarked at least seven (7) days prior to the date fixed for hearing by certified or registered U.S. mail.
The notice shall state the time and place of the hearing and the name of the hearing officer.
The proof of service shall be filed with the Director.
A copy of the Notice of Hearing shall also be served on the officer(s) who submitted the sworn report. Copies need not be sent certified or registered mail.
249 Neb. Admin. Code, ch. 1, § 005