Section 249-1-017 - EVIDENCE017.01Informal Hearings.The hearings shall be conducted informally unless a request is made for the Rules of Evidence and the Rules of Evidence are in effect. The Hearing Officer may, within his or her discretion, admit and give probative effect to evidence which possesses probative value commonly accepted by reasonably prudent persons in the conduct of their affairs.
017.01AIncompetent, Irrelevant or Immaterial Evidence. Incompetent, irrelevant or immaterial evidence may be excluded.017.01BUnduly Repetitious Evidence. Unduly repetitious evidence may be excluded.017.01CHearsay.Hearsay is admissible as evidence.017.01DRecords of the Department.Records and documents in the possession of the Department of Motor Vehicles may be received in evidence in the form in which the same are kept, and without certification.017.01FVideo Tapes. Video tape recordings may be admitted into evidence at the discretion of the Hearing Officer.017.01GPrivilege. The rules of privilege apply in informal hearings.017.01HOfficial Notice. In the conduct of the hearing, the Hearing Officer may take official notice of, may take official notice of general technical or scientific facts within the specialized knowledge of the Department. Parties to the proceedings shall be notified before or during the hearing or by reference in preliminary reports or otherwise of material so noticed, and opportunity shall be afforded to contest such noticed facts.017.01I Documentary evidence may be received in the form of copies or excerpts or incorporated by reference.017.02Rules of Evidence Hearings.In hearings for which the rules of evidence have been requested and granted, the hearing shall be conducted according to the Nebraska Rules of Evidence as practiced in the District Courts.
249 Neb. Admin. Code, ch. 1, § 017