Nebraska Administrative Code
Topic - MOTOR VEHICLES, DEPARTMENT OF
Title 249 - NEBRASKA DEPARTMENT OF MOTOR VEHICLES
Chapter 1 - RULES AND REGULATIONS GOVERNING NOTICE AND HEARING FOR AGENCY CONTESTED CASES PURSUANT TO THE MOTOR VEHICLE OPERATORS' LICENSES STATUTES, SUBPART H: PROVISIONS APPLICABLE TO OPERATION OF COMMERCIAL MOTOR VEHICLES, NEB.REV.STATS. 60-4,163 THROUGH 60-4,172, AND THE NEBRASKA ADMINISTRATIVE PROCEDURE ACT, NEB.REV.STATS. 84-913 THROUGH 84-920
Section 249-1-002 - DEFINITIONS

002.01 Appellant

Appellant means any person who files a petition with the Department to request a hearing to defend or contest the disqualification of his or her commercial driver's license or operating privileges by the Department.

002.02 Commercial Motor Vehicle

Commercial Motor Vehicle means a motor vehicle used or designed to transport passengers or property (a) if the motor vehicle has a gross vehicle weight rating of more than twenty-six thousand pounds, (b) if the motor vehicle is designed to transport sixteen or more passengers, including the driver, or (c) if the motor vehicle is transporting hazardous materials and is required to be placarded pursuant to section 75-364. Commercial motor vehicle shall not include (a) a farm truck as defined in Neb.Rev.Stat.60-301 other than a combination of truck- tractors and semitrailers when such farm truck is operated within one hundred fifty miles of the registered owner's farm or ranch, (b) any self-propelled mobile home or motor vehicle drawing a cabin trailer as such terms are defined in Neb.Rev.Stat.60-301, (c) any emergency vehicle operated by a public or volunteer fire department, or (d) any motor vehicle owned or operated by the United States Department of Defense or Nebraska National Guard when such motor vehicle is driven by uniformed, military operators performing duty in the active service of the United States or this state.

002.03 Commercial Driver's License

Commercial Driver's License means an operator's license, including a restricted commercial driver's license, issued in accordance with the requirements of the Motor Vehicle Operator's License Act to an individual which authorizes such individual to drive a class of commercial motor vehicle.

002.04 Department

Department means the Department of Motor Vehicles.

002.05 Director

Director means the Director of the Department of Motor Vehicles or his or her designee.

002.06 Ex parte communication

Ex parte communication shall mean an oral or written communication which is not on the record in a contested case with respect to which reasonable notice to all parties was not given. Ex parte communication shall not include:

002.07 Hearing Officer

Hearing Officer means an individual appointed by the Director to preside at an administrative hearing.

002.08 Petition

Petition means the initial document filed by or with an agency that sets forth a claim and request for agency action.

002.09 Party

Party means the person by or against whom a CDL disqualification is brought or a person allowed to intervene in a CDL disqualification.

002.10 Pleading

Pleading shall mean any written application, petition, complaint, answer, motion, or other formal written document used in any proceeding before the Director.

002.11 Proceeding

Proceeding shall mean all matters formally made in connection with any commercial motor vehicle operator's license disqualification.

002.12 Restricted Commercial Driver's License

Restricted Commercial Driver's License shall mean a class of commercial driver's license issued in accordance with the requirements of the Motor Vehicle Operator's License Act.

002.13 Substantial Injustice

Substantial Injustice means actual violation of the right or rights of a party.