Current through September 17, 2024
016.01
Place and Time
.
Commercial Motor Vehicle Driver's License hearings shall be held in the
county in which the violation occurred or in any county agreed to by the
parties.
016.02
Hearing Officer.
Hearings will be conducted by the Director of the Department or by his
or her designee and such Hearing Officer shall have the powers established at
005 of these Rules and Regulations.
016.03
Open to the
Public.
Hearings conducted pursuant to these Rules and Regulations shall be
open to the public except that upon motion of either party the Director may
order that the hearing be closed. The Hearing Officer may at his or her
discretion, set rules for the conduct of news media coverage of the hearing and
may control the conduct of any other persons attending.
016.04
Official
Record.
The Hearing Officer shall tape record the proceedings. This recording
by the Hearing Officer, along with exhibits received during the hearing, all
pleadings, motions, objections, exceptions, officially noted facts, and briefs
filed at the hearing or timely thereafter, shall constitute the entire official
record of the hearings.
016.05
Other
Recording.
Proceedings may also be recorded in any manner consistent with a
judicial proceeding.
016.06
Procedure for Informal Hearing.
At the discretion of the hearing officer, the hearing may be conducted
in the following order:
016.06A
Hearing Officer opens hearing, introduces self, records those present, and
enters appearance of any attorneys for the parties on the record;
016.06B Hearing Officer states scope and
purpose of the hearing;
016.06C
Hearing Officer offers Department's Exhibits into the hearing record, and rules
on any objections to the exhibits;
016.06D Hearing Officer disposes of any
pending motions, petitions, or other matters which need to be heard before
evidence is taken;
016.06E The
Hearing Officer first swears in and takes evidence from the arresting officer
and any other witnesses for the Department; the Appellant may then ask
questions of the Department's witnesses;
016.06F After the witnesses for the
Department have testified and the Appellant has finished asking questions, the
Hearing Officer swears in and takes evidence from the Appellant's witnesses and
may ask questions of the witnesses;
016.06G During the hearing, any further
exhibits offered by either party are marked and may be received into the record
on the judgment of the Hearing Officer;
016.06H The Hearing Officer shall allow for
closing arguments; and adjourn the hearing;
016.06I If either party requests or the
Hearing Officer requests that the record be held open for the submission of
additional evidence, or for the submission of briefs, the Hearing Officer may
hold the record open for receipt of such evidence or such briefs; and
016.06J
Telephone
Hearings. Informal hearings may be conducted by telephone
or teleconferencing at the discretion of the Director.
016.07
Procedure for
hearings when the rules of evidence have been requested.
The hearing shall have the following format:
016.07A The burden to go forward shall be on
the attorney for the Department of Motor Vehicles.
016.07B The hearing shall be conducted
according to the Nebraska Rules of Evidence as practiced in the District
Courts.
016.07C
Record when Rules of Evidence have been
Requested. The court reporter shall record the proceedings.
The recording by the court reporter, along with all the exhibits and other
briefs, memoranda, received into the record, shall constitute the record of the
hearing. The party requesting the rules of evidence shall be responsible for
procuring a court reporter and the cost of the court reporter.
016.07D
Telephone
Hearings. Rules of evidence hearings may be conducted by
telephone or teleconferencing, at the discretion of the Director.
016.07E Each party may be permitted to make
an opening statement. Opening statements take place in the same order as the
presentation of evidence.
016.07F
Presentation of evidence.
016.07F1 Evidence
will be received in the following order:
016.07F1(a) Evidence is presented by the
petitioner;
016.07F1(b) Evidence is
presented by the respondent;
016.07F1(c) Rebuttal evidence is presented by
the petitioner; and
016.07F1(d)
Surrebuttal evidence is presented by the respondent.
016.07G With regard to each
witness who testifies, the following examination may be conducted:
016.07G1 Direct examination conducted by the
party who calls the witness;
016.07G2 Cross-examination by the opposing
party;
016.07G3 Redirect
examination by the party who called the witness; and
016.07G4 Recross-examination by the opposing
party.
016.07H After the
evidence is presented, each party may have opportunity to make a closing
argument. Closing arguments shall be made in the same order as the presentation
of evidence. The hearing officer may request briefs in lieu of closing
arguments.
