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 249-1-011 - WITNESSES
Current through September 17, 2024
011.01 Witnesses.
If a party has a witness with personal knowledge of the case, their attendance at the hearing should be arranged. If a witness refuses to appear voluntarily or the voluntary production of requested documents is denied, a party may make a request that copies be sent to them or their representative after the hearing.
011.02 Subpoenas.
Subpoenas shall be requested by praecipe at least five (5) days before any scheduled hearing. Any request that is not both filed and received by the Director within the time and manner specified shall be denied, unless substantial injustice would result. Only subpoenas granted and issued by the Director are valid in CDL disqualification hearings.
011.03 Content of Subpoena Requests.
To be considered, a subpoena request must state all of the following for each subpoena requested:
011.04 Subpoena Duces Tecum.
A subpoena duces tecum shall be issued in the same manner and form as a subpoena for the attendance of a witness, and any command the person to whom it is directed to produce any books, papers, documents, or tangible items.
011.05 Witness Fees.
The Appellant shall be responsible for the payment of witness fees and mileage, for any witness they subpoena, including the fees and expenses of expert witnesses the Appellant calls. The request for a subpoena must be accompanied by a certified check or money order, in the amount sufficient to cover witness fees and mileage.
011.06 Service.
A subpoena issued by the Director shall be served by the Appellant or party by certified or registered mail, return receipt requested. The party requesting the subpoena shall be charged with the responsibility of service.
011.07 Discretion of Director.
The decision to issue a subpoena shall be at the discretion of the Director.
011.08 Failure to Comply.
In the case of the disobedience of a subpoena, the Director may invoke the aid of the applicable district court in requiring the attendance and testimony of witnesses, and the production of accounts, books, documents, or papers.
