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 249-1-021 - DECISIONS AND FINAL ORDER

Universal Citation: 249 NE Admin Rules and Regs ch 1 § 021

Current through September 17, 2024

021.01 Written Order of disqualification.

After hearing, Director shall issue an order of disqualification that shall be in writing and shall be accompanied by findings of fact and conclusions of law. The administrative determination shall be that the Appellant either refused to submit to a chemical test or tests of blood or breath or submitted to the required chemical test or tests and possessed an alcohol concentration at or in excess of .04 or more or that the administrative disqualification proceeding should be dismissed.

If the address on the Director's records differs from the address on the sworn report, the order shall be sent to both addresses.

021.02 Content .

The decision and order shall include:

021.02A A caption heading "Before the Director of the Department of Motor Vehicles" and the name/s of the parties;

021.02B The time and place of the hearing;

021.02C The names of all parties or their attorneys or representatives who entered an appearance at the hearing;

021.02D A list of exhibits entered into the record and all material officially noted;

021.02E The findings of fact consisting of a concise statement of the conclusions upon each contested issue of fact;

021.02F The order stating that the Appellant either refused to submit to a chemical test or tests consisting of the action taken by the agency as a result of the facts found and the legal conclusions arising therefrom.

021.02G Notice of Period of Disqualification. The order shall state that after the person whose commercial driver's license or privilege to operate a commercial motor vehicle has been revoked that his or her license has been disqualified and summarily revoked. The order shall (1) contain a list of the disqualifying convictions or administrative authority for the revocation with the dates on which such disqualifying violation occurred and the dates of such convictions or administrative determinations and the trial courts or administrative agency(ies) in which such administrative determinations were rendered; (2) state the period of the revocation and disqualification; and (3) include a demand that the commercial driver's license be returned to the Director immediately pursuant to Neb.Rev.Stat.60-4,170.

021.03 Service of Administrative Determination.

Such administrative order shall be served upon the Appellant by certified or registered mail to the Appellant at the address provided to the Director at the hearing, or if the Appellant does not appear at the hearing, to the address of the Appellant appearing on the records of the Director. If the address on the Director's records differs from the address on the sworn report, the order shall be sent to both addresses. Such order shall be mailed within seven (7) days following a hearing.

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