Section 247-1-020 - HEARING PROCEDURES020.01Format for Informal Hearings. The following format shall generally be used for informal hearings: 020.01A The hearing shall be at the time and in the manner specified in the Notice of Hearing or as soon thereafter as the same may be heard. The hearing Officer opens the hearing, introduces him or herself, states whether the Appellant and arresting officer(s) are present and enters the appearance of any attorneys for the Appellant and/or participants into the record;020.01B The Hearing Officer states the scope and purpose of the hearing;020.01C The Hearing Officer offers the Department's exhibits into the hearing record, and rules on any objections to the exhibits;020.01D The Hearing Officer disposes of any pending motions, petitions or stipulations and other matters that need to be dealt with before evidence is taken;020.01E The Hearing Officer first administers an oath or affirmation to any interpreter who may be present to assist with the hearing. He or she shall administer an oath or affirmation to any witness prior to his or her testimony. The Hearing Officer may take evidence from witnesses; the Appellant may ask questions of the witnesses, re-direct examination and re-cross examination follows until testimony is completed;020.01F During the hearing, any exhibits offered by either party are marked and received into the record on the judgment of the Hearing Officer;020.01G The Hearing Officer allows closing argument; and adjourns the hearing;020.01H If an Appellant desires to request that the record be held open for additional evidence, the Hearing Officer may hold the record open for receipt of additional evidence. Holding the record open shall not stay the effective date of the order of administrative license revocation.020.02Format for Hearings When the Rules of Evidence Have Been Requested. The Hearing Officer shall conduct the hearing, and: 020.02A The Department may appoint an attorney to represent the Department at the hearing.020.02B The hearing shall be conducted according to the Nebraska rules of evidence applicable in the district courts.247 Neb. Admin. Code, ch. 1, § 020
Amended effective 12/27/2022