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 249-1-019 - FAILURE TO APPEAR; APPELLANT OR OFFICER(S)
Current through September 17, 2024
019.01 Appellant.
If the Appellant or their representative fails to appear at the hearing the Hearing Officer may proceed and reach a recommended decision based on the evidence presented at the hearing by the witnesses who appear.
019.02 Officer(s).
The failure of the officer(s) to appear or be otherwise available for cross examination shall be cause for dismissal of the administrative license revocation by the Department except when the motorist does not appear or make any showing.
019.03 Appellant and Officer(s).
If all parties and witnesses fail to appear, the Hearing Officer shall enter the exhibits into the record. The sworn report shall be prima facie evidence of the refusal or failure of the test. The Hearing Officer shall recommend a decision to the Director based solely on the exhibits.
