Nebraska Administrative Code
Topic - MOTOR VEHICLES, DEPARTMENT OF
Title 250 - NEBRASKA ADMINISTRATIVE CODE
Chapter 3 - RULES AND REGULATIONS GOVERNING DEPARTMENT OF MOTOR VEHICLES APPROVAL OF DRIVER'S SAFETY TRAINING PROGRAMS AS PRETRIAL DIVERSION PURSUANT TO NEB. REV. STAT. SECTIONS 29-3601 THROUGH 29-3609
Section 250-3-004 - COUNTY OR CITY ATTORNEY'S PLAN FOR A JURISDICTION

Universal Citation: 250 NE Admin Rules and Regs ch 3 § 004

Current through September 17, 2024

The county attorney, as provided in Neb. Rev. Stat. §§ 29-104 and 29-3604, may establish a pretrial diversion program. The county attorney shall be responsible for the plan required by Neb. Rev. Stat. § 29-3606 for pretrial diversion for minor traffic offenses in a specific jurisdiction.

004.01 A county attorney may select one (1) or more providers to offer a program in a jurisdiction, but any provider selected must be certified by the Department prior to offering a program to any individuals seeking to defer minor traffic offenses. If there are multiple providers selected by the county attorney in a jurisdiction, each provider must charge a uniform fee to all program participants in that jurisdiction. A county attorney who establishes a plan for pretrial diversion of minor traffic offenses in a jurisdiction shall provide an itemized breakdown of fees charged by a jurisdiction and fees received by a jurisdiction (see 003.03 of these regulations for details) to any provider seeking certification of a program, as follows:

004.01A An itemized breakdown of fees charged by the jurisdiction shall contain all costs necessary to the presentation of the program, which may include costs germane to the specific program and which adhere to generally accepted accounting principles.

004.01B An itemized breakdown of any fees received by the jurisdiction utilized to pay for the costs of administering and operating the program, to promote driver safety, and to pay for the costs of administering and operating other safety and educational programs within such jurisdiction, which may include costs germane to the specific program and which adhere to generally accepted accounting principles. This section only applies to jurisdictions which utilize fees received to promote driver safety or pay for other safety and educational programs.

004.02 Neb. Rev. Stat. § 29-3602 requires concurrence of the governing body of the jurisdiction. The county attorney shall be responsible for securing the concurrence of the governing body of the jurisdiction to establish a plan for diversion of minor traffic offenses.

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