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 249-1-006 - HEARING OFFICERS
Current through September 17, 2024
006.01 Appointment.
Hearing Officers shall be appointed by the Director in writing. Such appointment shall be of public record in the Director's office.
006.02 Qualifications.
Hearing Officers shall be attorneys licensed to practice law in Nebraska.
006.03 Unbiased and Impartial.
The Hearing Officer appointed by the Director is not a party to the proceedings and shall perform as an unbiased and impartial arbiter of the facts.
006.04 A person who has served as investigator, prosecutor, or advocate in the CDL disqualification of the Appellant in a specific CDL disqualification hearing or in its prehearing stage may not serve as hearing officer or assist or advise a hearing officer in the same proceeding except as provided in subsection 006.06.
006.05 A person who is subject to the authority, direction, or discretion of one who has served as investigator, prosecutor, or advocate in the CDL disqualification hearing or in its prehearing stage may not serve as hearing officer or advise a hearing officer in the same proceeding except as provided in subsection 006.06 of the CDL disqualification hearing.
006.06 If all parties consent, a person who has served as, or who is subject to the authority, direction, or discretion of one who has served as investigator, prosecutor, or advocate in a CDL disqualification of the Appellant in a specific CDL in its prehearing stage, may assist a hearing officer in the preparation of orders.
006.07 A person who has participated in a determination of probable cause or other equivalent preliminary determination in a contested case may serve as hearing officer or assist or advise a hearing officer in the same proceeding.
006.08 A person may serve as hearing officer at successive stages of the same contested case.
006.09 Recusal.
No Hearing Officer shall participate in a hearing in which they have an interest. For good cause shown or on the Director's own motion, the Hearing Officer may recuse his or herself from conducting the hearing. Motions for recusal by the Appellant shall be made in writing to the Director and must be received no later than three (3) days prior to the date of the hearing.
006.10 Powers and Duties.
The Hearing Officer shall have the duty to conduct full, fair, and impartial hearings, to take appropriate action to avoid unnecessary delay in the disposition of the proceeding and to maintain order. He or she shall have the power to:
