Section 247-1-010 - FAILURE TO APPEAR010.01Appellant. If the Appellant or his or her representative fails to appear at the hearing, the Hearing Officer may proceed and reach a recommended decision based on the evidence (sworn report and abstract) presented at the hearing.010.02Witness. The failure of a subpoenaed witness to appear or be otherwise available for cross-examination shall not automatically result in dismissal of the administrative license revocation. The Hearing Officer, at his or her discretion, grounded in the evidence adduced, and considering any offer of proof, may continue the hearing to receive the witnesses' testimony, or if such is unlikely to be fruitful, dismiss the hearing. The Hearing Officer may grant a stay of revocation.247 Neb. Admin. Code, ch. 1, § 010
Amended effective 12/27/2022