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 249-1-010 - DISCOVERY

Universal Citation: 249 NE Admin Rules and Regs ch 1 § 010

Current through September 17, 2024

010.01 Motions for Discovery.

All such motions may be granted or denied at the Director's discretion. If granted, the Director may set timelines for such discovery.

010.02 Time for Filing Motions.

All discovery motions must be filed in writing and received no later than five (5) days prior to the hearing. If such motion is not both filed and received by the Director within the time or in the manner specified and substantial injustice will not result, the request will be denied.

010.03 Content.

Any prehearing discovery motions shall

010.03A Quote the question or subpoena at issue, or be accompanied by a copy of the subpoena or question;

010.03B State the reasons supporting the motion;

010.03C Be accompanied by a statement setting forth the steps or efforts made by the moving party or his or her counsel to resolve by agreement the issues raised and that agreement has not been achieved; and

010.03D Be filed with the agency. The moving party must serve copies of all such motions to all parties to the contested case.

010.04 Telephone Hearings.

010.04A Department's Exhibits. When a hearing is conducted by telephone, the Department shall serve the Appellant with a copy of the official exhibits in its casefile by mailing them attached to the Notice of Hearing to the Appellant or their attorney. Each exhibit shall be pre-marked for ease of identification over the telephone.

010.04B Appellant's Exhibits. Any exhibits the Appellant wishes to offer in addition to the Department's exhibits attached to the Notice of Hearing shall be submitted to and received by the Director no later than five (5) days prior to the date of the hearing. If such exhibits are not both filed and received by the Director within the time or the manner specified, such exhibits will not be admitted at the hearing unless substantial injustice will result.

010.05 In-person Hearings.

If the Hearing Officer personally conducts the hearing, the Appellant shall have an opportunity to examine the exhibits at the hearing and may request copies be sent to them or their representative after the hearing.

010.06 Copies.

Documentary evidence may be received in the form of copies or excerpts or by incorporation by reference.

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