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 249-1-005 - COMMENCEMENT OF THE HEARING
Current through September 17, 2024
005.01 Petition Received.
The CDL disqualification hearing case begins with the filing of a petition and request for hearing with the agency. The petition shall be in a form prescribed by the Department (Attachment 2).
005.02 Form of Petition.
The Petition must be completed and returned to the Nebraska Department of Motor Vehicles, Legal Division, P.O. Box 94789, Lincoln, NE 68509-4789 in the addressed envelope provided. The Petition must be received or postmarked within ten (10) days after the Appellant receives Notice of Disqualification; otherwise, the Appellant's right to a hearing to contest the automatic disqualification of his or her commercial driver's license or operating privileges will be foreclosed and the license will be automatically disqualified. The Notice of Disqualification will be deemed received by the Appellant five (5) days after the date of mailing of the Notice by the Director of the Department of Motor Vehicles.
005.03 Notice of Hearing .
Upon receipt of a timely filed petition, the Director shall serve written Notice of Hearing by mailing said notice to the Appellant by certified or registered mail to the address provided by the Appellant on the petition form and the attorney of record or other representative of record, if one is provided on the petition form, and upon all unrepresented parties.
Failure of such person to actually claim or receive the Notice shall not invalidate the Notice.
005.04 Time of Notice.
The Notice of hearing shall be served by mailing as specified in 005.03 above postmarked at least seven (7) days prior to the date fixed for hearing by certified or registered U.S. mail.
005.05 Content of Notice.
The notice shall state the time and place of the hearing and the name of the hearing officer.
005.06 Proof of Service.
The proof of service shall be filed with the Director.
005.07 Copy to Officer.
A copy of the Notice of Hearing shall also be served on the officer(s) who submitted the sworn report. Copies need not be sent certified or registered mail.
