Section 247-1-016 - ENFORCEMENT OF SUBPOENAIf an Appellant claims disobedience to a subpoena, the Appellant shall first show proof of timely service to the witness before undertaking enforcement.
016.01Enforcement by Agreement. An Appellant and Hearing Officer may agree to attempt to secure the witness's attendance without involvement of the district court. Upon agreement, the Hearing Officer and the Appellant may seek to reach the witness directly and take testimony, or the Hearing Officer may issue an interim order directing a Department employee who is not involved in the decision making process to contact the witness and the Appellant to arrange a time and method to secure the testimony of the witness. No stay of revocation will be granted except upon the Appellant's affirmative showing of substantial injustice.016.02Formal Enforcement by District Court. If there is no agreement to secure the witness's testimony, the Appellant may invoke the aid of the district court to enforce the subpoena in the jurisdiction in which the Appellant was arrested. If the Appellant provides written notice to the Department of his or her filing with the district court to enforce the subpoena, the Department will continue the hearing. In such case the hearing will be continued until there is a final order from the district court as to the disposition of the subpoena, but the automatic revocation of the Appellant's operator's license pursuant to statute will not be stayed.247 Neb. Admin. Code, ch. 1, § 016
Amended effective 12/27/2022