Nebraska Administrative Code
Topic - MOTOR VEHICLES, DEPARTMENT OF
Title 247 - NEBRASKA ADMINISTRATIVE CODE, NEBRASKA DEPARTMENT OF MOTOR VEHICLES
Chapter 1 - NEBRASKA DEPARTMENT OF MOTOR VEHICLES
Section 247-1-004 - PURPOSE OF HEARING

Universal Citation: 247 NE Admin Rules and Regs ch 1 ยง 004

Current through March 20, 2024

The hearing is the opportunity for the Appellant to present evidence to show why his or her operator's license or operating privileges should not be revoked. The Appellant is responsible to secure the appearance of any witness required to meet his or her burden of proof; if the arresting officer is necessary, the Appellant must secure the arresting officer's appearance.

004.01 Sworn Report. The sworn report of the arresting officer shall be received into the record by the Hearing Officer as the jurisdictional document of the hearing, and upon receipt of the sworn report, the Director's order of revocation has prima facie validity.

004.02 Appellant. The burden of proof in an administrative license revocation proceeding shall be on the Appellant. The Appellant must show by the preponderance of the evidence why his or her license or privilege to drive should not be revoked for the statutory period. If the arresting officer is necessary to meet this burden, it is the Appellant's responsibility to secure the arresting officer's testimony.

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