Statutes, codes, and regulations
Nebraska Administrative Code
MOTOR VEHICLES, DEPARTMENT OFTitle 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 249-1-013 - CONTINUANCES

249 Neb. Admin. Code, ch. 1, § 013

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Current through September 17, 2024
Section 249-1-013 - CONTINUANCES
013.01Motions.

Any party desiring a continuance of the hearing shall request the same in writing, stating the reasons for such request and, if required by the Director, submit proof of facts in support of such request in the time and manner specified. If a continuance is granted to either party, all parties shall be notified of such continuance.

013.02Time.

Motions for continuance will not ordinarily be considered unless filed and received by the Director at least five (5) days prior to the time fixed for the hearing.

013.03Good Cause.

Continuances shall be granted only upon good cause shown.

013.04Content of Motion to Continue.

A timely request to change the hearing date or time must state all of the following to be considered:

013.04A The reason for not being able to appear at the time or date scheduled; and
013.04B Why that reason is beyond the requesting party's control; and
013.04C Any fact which establishes that the need to reschedule arose after the scheduling of the hearing; and
013.04D The resulting specific undue hardship which would result if the request were to be denied.
013.05Stays.

Requests for continuances beyond the 30-day automatic disqualification, if granted by the Director, shall stay the automatic disqualification.

249 Neb. Admin. Code, ch. 1, § 013