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 249-1-016 - CONDUCTING A CDL DISQUALIFICATION CASE

249 Neb. Admin. Code, ch. 1, § 016

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Current through September 17, 2024
Section 249-1-016 - CONDUCTING A CDL DISQUALIFICATION CASE
016.01Place 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.

016.02Hearing 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.

016.03Open 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.

016.04Official 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.

016.05Other Recording.

Proceedings may also be recorded in any manner consistent with a judicial proceeding.

016.06Procedure 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
016.06JTelephone Hearings. Informal hearings may be conducted by telephone or teleconferencing at the discretion of the Director.
016.07Procedure for hearings when the rules of evidence have been requested.

The hearing shall have the following format:

016.07A The burden to go forward shall be on the attorney for the Department of Motor Vehicles.
016.07B The hearing shall be conducted according to the Nebraska Rules of Evidence as practiced in the District Courts.
016.07CRecord when Rules of Evidence have been Requested. The court reporter shall record the proceedings. The recording by the court reporter, along with all the exhibits and other briefs, memoranda, received into the record, shall constitute the record of the hearing. The party requesting the rules of evidence shall be responsible for procuring a court reporter and the cost of the court reporter.
016.07DTelephone Hearings. Rules of evidence hearings may be conducted by telephone or teleconferencing, at the discretion of the Director.
016.07E Each party may be permitted to make an opening statement. Opening statements take place in the same order as the presentation of evidence.
016.07F Presentation of evidence.
016.07F1 Evidence will be received in the following order:
016.07F1(a) Evidence is presented by the petitioner;
016.07F1(b) Evidence is presented by the respondent;
016.07F1(c) Rebuttal evidence is presented by the petitioner; and
016.07F1(d) Surrebuttal evidence is presented by the respondent.
016.07G With regard to each witness who testifies, the following examination may be conducted:
016.07G1 Direct examination conducted by the party who calls the witness;
016.07G2 Cross-examination by the opposing party;
016.07G3 Redirect examination by the party who called the witness; and
016.07G4 Recross-examination by the opposing party.
016.07H After the evidence is presented, each party may have opportunity to make a closing argument. Closing arguments shall be made in the same order as the presentation of evidence. The hearing officer may request briefs in lieu of closing arguments.

249 Neb. Admin. Code, ch. 1, § 016