Nebraska Administrative Code
Topic - MOTOR VEHICLES, DEPARTMENT OF
Title 247 - NEBRASKA ADMINISTRATIVE CODE, NEBRASKA DEPARTMENT OF MOTOR VEHICLES
Chapter 11 - RULES AND REGULATIONS GOVERNING DEPARTMENT OF MOTOR VEHICLES APPROVAL OF DRIVER SAFETY COURSES AND PROVISIONAL OPERATORS PERMITS PURSUANT TO NEB. REV. STAT. 60-4,120.01, 60-4,130.04 and 60-4,130.05
Section 247-11-019 - EVIDENCE

Universal Citation: 247 NE Admin Rules and Regs ch 11 § 019

Current through September 17, 2024

019.01 What Evidence Admissible.

Any evidence shall be deemed admissible in a hearing which would be admissible in civil proceedings under the laws of the State of Nebraska. In addition, the hearing officer may, within his or her discretion, admit evidence possessing probative value in any form commonly accepted by reasonably prudent men in the conduct of their affairs.

019.01A Secondary Evidence. Pursuant to the foregoing provision, secondary evidence of copies of documents may be admitted.

019.01B Privileged Evidence. In all such hearings, effect shall be given to the rules of privilege recognized by the District Courts of the State of Nebraska.

019.01C Incompetent or Irrelevant Evidence; Exceptions. Incompetent, irrelevant or immaterial evidence may be excluded. Where proper objection is made to the admission of any evidence, the party making the objection shall be deemed to have taken exception to any adverse ruling and formal exceptions are not necessary.

019.02 Records of 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. The records and documents shall be afforded in evidence and made a part of the record in the case.

019.03 Cross Examination.

Each party shall have a right of cross-examination of all witnesses who testify.

019.04 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, and may take notice of general technical or scientific facts within the specialized knowledge of the Department.

019.04A Notice of Technical or Scientific Facts. Parties to the proceedings shall be notified before or during the hearing of specialized technical or scientific facts to be so noticed, and opportunity afforded to contest such noticed facts.

019.05 Rules of Evidence.

Any party to a formal hearing before the Director may request that the rules of evidence apply at least three (3) days prior to the hearing. Such request shall include the requesting party's agreement to be liable for the payment of costs incurred thereby, including the costs of court reporting services.

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