Section 247-1-005 - ISSUES AT HEARINGThe issues at the hearing shall be limited to those issues specified as follows:
005.01 In the case of a refusal to submit: 005.01A Did the law enforcement officer have probable cause to believe the Appellant was operating or in the actual physical control of a motor vehicle in violation of Neb. Rev. Stat. § 60-6,196 or a city or village ordinance enacted pursuant to Neb. Rev. Stat. § 60-6,196; and005.01B Did the Appellant refuse to submit or fail to complete a chemical test after being requested to do so by the peace officer.005.02 If the chemical test disclosed an alcohol concentration of 0.08 or more: 005.02A Did the law enforcement officer have probable cause to believe the Appellant was operating or in the actual physical control of a motor vehicle in violation of Neb. Rev. Stat. § 60-6,196 or a city or village ordinance enacted pursuant to Neb. Rev. Stat. § 60-6,196; and005.02B Was the Appellant operating or in the actual physical control of a motor vehicle while having an alcohol concentration in violation of subsection (1) of Neb. Rev. Stat. § 60-6,196.247 Neb. Admin. Code, ch. 1, § 005
Amended effective 12/27/2022