Nebraska Administrative Code
Topic - MOTOR VEHICLES, DEPARTMENT OF
Title 251 - NEBRASKA ADMINISTRATIVE CODE
Chapter 3 - RULES AND REGULATIONS GOVERNING NOTICE AND HEARING FOR AGENCY CONTESTED CASES CONCERNING RETURNED CHECKS OR DRAFTS FROM MOTOR CARRIERS AND CARRIERS WHO HAVE BEEN PREVIOUSLY REVOKED FOR THE INTERNATIONAL REGISTRATION PLAN, INTERNATIONAL FUEL TAX AGREEMENT OR THE SINGLE STATE REGISTRATION PLAN PURSUANT TO NEB. REV. STAT. 60-305.17, 66-1406.01 AND 66-1406.02 AND THE ADMINISTRATIVE PROCEDURE ACT 84-913 TO 84-920
Section 251-3-001 - GENERAL

001.02A Appellant means any applicant, certificate holder, or licensee who files a petition pursuant to Neb. Rev. Stat.60-305.17 or Neb. Rev. Stat.66-1406.02 to a proposed action by the Department.

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 Cancellation means the surrender of a registrant's registration or license pursuant to statute and regulation or terms of IRP or IFTA by registrant.

001.02D 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.

001.02E Deficiency determination means a finding by audit that the registrant or licensee has not paid sufficient fees or taxes to cover obligations to a jurisdiction pursuant to the IRP or IFTA.

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

001.02G 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.

001.02H Division shall mean the Division of Motor Carrier Services of the Department of Motor Vehicles.

001.02I 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:

001.02J 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.

001.02K IFTA shall mean the International Fuel Tax Agreement which is a cooperative fuel tax agreement entered into under Neb. Rev. Stat.66-1404, the purpose of which is to simplify the motor fuel licensing, bonding, reporting, and remittance requirements imposed on motor carriers involved in interstate commerce.

001.02L 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.

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

001.02N Late billing notice means a notice of suspension sent if the registrant has failed to fully pay all registration fees due. Failure to pay with within thirty (30) days of the date of the late billing notice will be cause for the revocation of the registration and operating privileges of the registrant.

001.02O Licensee means a person licensed pursuant to the methods established in subdivision (2) of 66-1406, and 66-1406.01.

001.02P Motor carrier means any individual, firm, partnership, limited liability company, agency, association, corporation which registers a fleet of vehicles pursuant to IRP or is licensed under the IFTA or hold SSRS authorization.

001.02Q 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 003 of these rules and regulations.

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

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

001.02T 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.

001.02U Proceeding means all matters formally made in connection with any appeal by a registrant or licensee pursuant to 60-305-17 or 66-1406.02.

001.02V Proposed action means a action to suspend, revoke, cancel or refuse to issue or renew a registration certificate pursuant to 60-305.17 or 66-1406.02.

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

001.02X Returned check or draft means any payment given to the Department which has been returned because of insufficient funds, no funds, or a stop-payment order.

001.02Y Revocation means the withdrawal of a license or registration and operating privileges or SSRS authorization by the Department.

001.02Z SSRS means the Single State Registration System for motor carriers authorized by section 4005 of the Intermodal Surface Transportation Efficiency Act of 1991 and by applicable rules and regulations promulgated by the Interstate Commerce Commission or its successor agency.

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

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.