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 247-1-021 - EVIDENCE
Universal Citation: 247 NE Admin Rules and Regs ch 1 ยง 021
Current through September 17, 2024
021.01 Informal 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 admit and give probative effect to evidence which possesses probative value commonly accepted by reasonably prudent persons in the conduct of their affairs.
021.01A
Incompetent, Irrelevant or Immaterial
Evidence. Incompetent, irrelevant or immaterial evidence
may be excluded.
021.01B
Unduly Repetitious Evidence. Unduly
repetitious evidence may be excluded.
021.01C
Hearsay. Hearsay is admissible as
evidence.
021.01D
Records of the Department. Records and
documents in the possession of the Department may be received in evidence in
the form in which the same are kept, and without certification.
021.01E
Recordings. Visual or audio recordings
may be admitted into evidence at the discretion of the Hearing
Officer.
021.01F
Privilege. The rules of privilege apply
in informal hearings.
021.01G
Official Notice. In the conduct of a
hearing, the Hearing Officer may take official notice of such facts as would be
so noticed by the district courts of Nebraska including Nebraska statutes, case
law, and Department rules and regulations, and in addition thereto, may take
notice of general, technical, or scientific facts within the specialized
knowledge of the Department and the rules and regulations adopted and
promulgated by the agency. Parties to the proceedings shall be notified before
or during the hearing of any specialized, technical, or scientific facts to be
so noticed, and opportunity shall be afforded to contest such noticed
facts.
021.02 Rules 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 applicable in district courts.
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