Nebraska Administrative Code
Topic - MOTOR VEHICLES, DEPARTMENT OF
Title 251 - NEBRASKA ADMINISTRATIVE CODE
Chapter 2 - RULES AND REGULATIONS GOVERNING NOTICE AND HEARING FOR AGENCY CONTESTED CASES PURSUANT TO THE INTERNATIONAL REGISTRATION PLAN, NEB. REV. STAT. 60-305.02 THROUGH 60-305.17, AND THE ADMINISTRATIVE PROCEDURES ACT, NEB. REV. STAT. 84-913 THROUGH 84-920
Section 251-2-001 - GENERAL

001.02A Appellant means any person who wishes to dispute the claim or deficiency determination of the Department for liability under the International Registration Plan.

001.02B Apportionable vehicle means any vehicle used or intended for use in two (2) or more member jurisdictions that allocate or proportionally register vehicles and used for the transportation of persons for hire or designed, used, or maintained primarily for the transportation of property. Apportionable vehicle does not include any recreational vehicle, vehicle displaying restricted plates, city pickup and delivery vehicle, bus used in the transportation of chartered parties, or government-owned vehicle. Such vehicle shall either (a) be a power unit having two (2) axles and a gross vehicle weight or registered gross vehicle weight in excess of twenty-six thousand (26,000) pounds, (b) be a power unit having three (3) or more axles, regardless of weight, or (c) be used in combination when the weight of such combination exceeds twenty-six thousand (26,000) pounds gross vehicle weight. Vehicles or combinations of vehicles having a gross vehicle weight of twenty-six thousand (26,000) pounds or less and two-axle (2-axle) vehicle and buses used in the transportation of chartered parties may be proportionally registered at the option of the registrant.

001.02C Audit or Motor Carrier audit means the review of the records of any person registered pursuant to the methods established by the International Registration Plan to determine registration fees for any owner operating a fleet of vehicles in interstate commerce and the physical examination of a Motor Carrier's operational records including source documentation to verify fleet mileage and accuracy of a registrant's record keeping system.

001.02D Base jurisdiction means for purposes of fleet registration, the jurisdiction where the registrant has an established place of business, where mileage is accrued by the fleet and where operational records of such fleet are maintained or can be made available as provided by the IRP.

001.02E Cancellation means the voluntary surrender of a registrant's registration by the registrant.

001.02F Contested case means a proceeding before the Department in which the legal rights, duties, or privileges of specific parties are required by law or constitutional right to be determined after an agency hearing.

001.02G Deficiency determination means a finding by audit that the registrant has not paid sufficient fees to cover obligations to a jurisdiction pursuant to the International Registration Plan.

001.02H Department means the Nebraska Department of Motor Vehicles and the Division of Motor Carrier Services of the Department of Motor Vehicles.

001.02I Director means the Director of the Nebraska Department of Motor Vehicles or his or her designee and includes the Motor Carrier Services Division of the Nebraska Department of Motor Vehicles.

001.0J Division shall mean the Division of Motor Carrier Services of the Department of Motor Vehicles.

001.02K Ex parte communication means an oral or written communication which is not on the record in a contested case with respect to which reasonable notice to all parties was not given.

Ex parte communication shall not include:

001.02L Final assessment means the amount of the deficiency determination thirty (30) days after the date on which notice of the deficiency determination was mailed to the registrant unless a written protest is filed with the Department within such thirty-day (30-day) period.

001.02M Hearing officer means the person or persons conducting a hearing, contested case or other proceeding pursuant to the Administrative Procedure Act, whether designated as the presiding officer, administrative law judge or some other title designation.

001.02N IFTA means the International Fuel Tax Agreement.

001.02O IRP means the International Registration Plan which is a reciprocal agreement between member jurisdictions authorized by Neb. Rev. Stat.60-305.03(2), the purpose of which is to promote and encourage the fullest possible use of the highway system by authorizing apportioned registration of fleets of vehicles, and the recognition of vehicles apportioned in other jurisdictions, thus contributing to the economic and social development and growth of jurisdictions.

001.02P Jurisdiction means any government of any state or country or subdivision or agency thereof participating in the IRP.

001.02Q Late billing notice means the registrant has failed to fully pay all registration fees due.

The late billing notice will be cause for the suspension of the registration and operating privileges of the registrant. .

001.02R Motor Carrier means any individual, firm, partnership, limited liability company, agency, association, corporation which registers a fleet of vehicles pursuant to the IRP.

001.02S Party means the appellant or person by whom a contested case is brought and the Department against whom a contested case is brought and may include any person allowed to intervene in a contested case pursuant to the procedures in section 004 of these rules and regulations.

001.02T Person means any individual, firm, partnership, limited liability company, agency, association, corporation, state, country, municipality, or other political subdivision.

001.02U Petition means the initial document filed by or with the Department that sets forth a claim or request for Department action.

001.02V Pleading means any written application, petition, complaint, answer, reply, notice, stipulation, objection, motion, order, or other formal written document used in a proceeding before the Department.

001.02W Proceeding means all matters formally made in connection with any appeal by a registrant under the IRP.

001.02X Record-keeping requirements means the records required by IRP to be maintained by a registrant operating a fleet of apportioned vehicles.

001.02Y Registrant means any person, individual, firm, partnership, limited liability company, agency, association, corporation, or organization registering vehicles pursuant to the IRP.

001.02Z Revocation means the withdrawal of registration and operating privileges by the Department.

001.02AA Suspension means placing the registrant on notice of failure to comply with the requirements of the IRP.

001.02BB Temporary authority means the provision by a jurisdiction of a means of temporary registration for the movement of new or unlicensed equipment pending receipt of apportioned license plates and cab cards as authorized by IRP Section 704.