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 249-1-017 - EVIDENCE
Universal Citation: 249 NE Admin Rules and Regs ch 1 ยง 017
Current through September 17, 2024
017.01 Informal Hearings.
The hearings shall be conducted informally unless a request is made for the Rules of Evidence and the Rules of Evidence are in effect. The Hearing Officer may, within his or her discretion, admit and give probative effect to evidence which possesses probative value commonly accepted by reasonably prudent persons in the conduct of their affairs.
017.01A
Incompetent,
Irrelevant or Immaterial Evidence. Incompetent, irrelevant
or immaterial evidence may be excluded.
017.01B
Unduly Repetitious
Evidence. Unduly repetitious evidence may be
excluded.
017.01C
Hearsay.Hearsay is admissible as
evidence.
017.01D
Records of the Department.Records and
documents in the possession of the Department of Motor Vehicles may be received
in evidence in the form in which the same are kept, and without
certification.
017.01F
Video Tapes. Video tape recordings may be
admitted into evidence at the discretion of the Hearing Officer.
017.01G
Privilege. The rules of privilege apply
in informal hearings.
017.01H
Official Notice. In the conduct of the
hearing, the Hearing Officer may take official notice of, may take official
notice of general technical or scientific facts within the specialized
knowledge of the Department. Parties to the proceedings shall be notified
before or during the hearing or by reference in preliminary reports or
otherwise of material so noticed, and opportunity shall be afforded to contest
such noticed facts.
017.01I
Documentary evidence may be received in the form of copies or excerpts or
incorporated by reference.
017.02 Rules of Evidence Hearings.
In hearings for which the rules of evidence have been requested and granted, the hearing shall be conducted according to the Nebraska Rules of Evidence as practiced in the District Courts.
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