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 249-1-008 - BURDEN OF PROOF

008.01 Appellant.

The burden of proof in any commercial motor vehicle driver's license disqualification hearing shall be on the Appellant.

008.02 Preponderance of the Evidence.

The Appellant must show by the preponderance of the evidence why his or her license or privilege to drive a commercial motor vehicle should not be disqualified for the statutory period.

008.03 Sworn Report .

The sworn affidavit of the arresting officer shall be received into the record by the Hearing Officer as the jurisdictional document of the hearing, and the receipt of the sworn report shall establish a prima facie case for the Department.