Statutes, codes, and regulations
Nebraska Administrative Code
MOTOR VEHICLES, DEPARTMENT OFTitle 250 - NEBRASKA ADMINISTRATIVE CODE
Chapter 3 - RULES AND REGULATIONS GOVERNING DEPARTMENT OF MOTOR VEHICLES APPROVAL OF DRIVER'S SAFETY TRAINING PROGRAMS AS PRETRIAL DIVERSION PURSUANT TO NEB. REV. STAT. SECTIONS 29-3601 THROUGH 29-3609
Section 250-3-014 - NOTICE; HEARING REQUEST; PROCEDURE

250 Neb. Admin. Code, ch. 3, § 014

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Current through September 17, 2024
Section 250-3-014 - NOTICE; HEARING REQUEST; PROCEDURE
014.01Notice.

Upon revocation or denial of the issuance of a new or a renewal of certificate, the Director of the Department shall notify such provider or instructor in writing.

014.01AAddress. Written notice shall be sent by certified mail to the party's last- known address as shown in the records of the Department; and
014.01BRequest for Hearing. The notice shall state that the party may request a hearing by submitting a written request for a hearing to the Department which must be postmarked or received within thirty (30) days of the date of issuance of the notice.
014.02Notice of Date of Hearing.

Upon receipt of a written request for a hearing, the Director will set a hearing date at a time and location designated by the Director, and notify the party. Written notice of the hearing shall be sent by certified mail, to the party's last-known address as shown in the records of the Department at least fifteen (15) days prior to the hearing.

014.03Pleadings.

Pleading shall include any written document filed in a proceeding before the agency, including the request for hearing. Any pleading shall contain a heading specifying the name of the agency and the title or nature of the pleading, shall state material factual allegations and shall state concisely the action the agency is being requested to take.

The pleading shall contain the name and address of the petitioner and shall be signed by the party filing the pleading, or when represented by an attorney, the signature of that attorney.

014.03A Attorneys shall also include their address, telephone number and bar number.
014.03B The initial petition or request for hearing shall also contain the name and address of the person or entity requesting the hearing.
014.03C All pleadings shall be made on letter sized (8 1/2 x 11 inches) white paper, and shall be legibly typewritten, photo statically reproduced, printed or handwritten. If handwritten, the pleading must be in ink.
014.03D All pleadings shall be filed with the Department at 301 Centennial Mall South, 1st Floor, in Lincoln, Nebraska, during regular business hours, or by mail to the Legal Division, Department of Motor Vehicles, P.O. Box 94699, Lincoln, NE 68509-4699, or by facsimile transmission to the Department. Any filing which arrives outside of the normal business hours of the Department shall be deemed received the next business day.
014.04Parties to a Hearing.

The parties to a hearing shall be the Department and the person or entity notified of impending denial of certification or renewal, or revocation.

014.05Hearing Officer.

The hearing shall be conducted by the Director or his or her designated hearing officer, who will open the proceedings; enter into the record the notice of hearing; rule on the admissibility of exhibits, take appearances, act on pleadings not previously filed; hear evidence as provided for in these rules and regulations, rule on motions and objections, issue subpoenas, order briefs; cross-examine any witnesses and close the proceedings. Hearing officers shall provide a recommended order to the Director.

014.06Continuances.

Continuances may be granted at the discretion of the Director for good cause shown, or on his or her own motion. A party may request a continuance in the following manner:

014.06A Any party who desires a continuance shall file a written request with the Department stating in detail the reasons why such continuance is necessary.
014.06B Requests for continuance shall be received by the Department no later than five (5) days prior to hearing.
014.07Official Record.

The Department shall prepare an official record in all hearings in the form of a tape recording. If a court reporter is provided for the hearing, the court reporter's record shall be the official record of the hearing. A court reporter will not be provided except as provided in 013.11 of these regulations the Administrative Procedure Act, Neb. Rev. Stat. § 24-914.

014.08Representation by Counsel.

Either party may be represented at the hearing by counsel admitted to the practice of law in the State of Nebraska.

014.09Summary Revocation.

The Department may summarily revoke the certificate of a program or instructor, provided that the Department finds that the public safety requires emergency action and incorporates in its written notice of revocation, findings to that effect.

014.10Teleconference Hearings.

The hearing officer may conduct the hearing by telephone, television, or other electronic means if each participant in the hearing has an opportunity to participate in, to hear, and if technically feasible, to see the entire proceeding while it is taking place.

014.11Informal Disposition.

Informal disposition may also be made of any contested case by stipulation, or agreed settlement, consent order, or default

014.12Reinstatement of Certification.

The Director may summarily reinstate the certificate of a provider or of an instructor if the provider or instructor provides proof of compliance with these rules and regulations.

250 Neb. Admin. Code, ch. 3, § 014