247 Neb. Admin. Code, ch. 12, § 010

Current through September 17, 2024
Section 247-12-010 - REPRIEVE
010.01Notice to Department of Reprieve. If the Board grants a reprieve of the fifteen year license revocation, the Board will notify the Department of its decision. The Board may, in its sole discretion, order any restriction it deems necessary as a condition of the reprieve or reinstatement.
010.02Requirements. Once the Board has notified the Department of a reprieve, the successful applicant may apply to the Department for the document they are eligible for, either a license or ignition interlock permit (IIP). The applicant must do the following:
010.02AReinstatement Fee. The applicant must pay to the Department a reinstatement fee for all open withdrawals with the exception of the withdrawal(s) that are the subject of the current reprieve. The reinstatement fee for the current reprieve will be required to be paid at the end of the revocation period. The amount of the fee is set by statute.
010.02BProof of Financial Responsibility. At the time the applicant applies to the Department for an ignition interlock permit (IIP), he or she must file an SR-22 and maintain the SR-22 for the required statutory period for all other withdrawals. If there are no other withdrawals to reinstate, the applicant will only be required to file an SR-22 for the duration of the revocation, or until there are no vehicles registered in their name only. Failure to maintain an SR-22 will result in the suspension of the applicant's license or ignition interlock permit (IIP).
010.02CIgnition Interlock Device. The Board may, in its sole discretion, when granting a license reinstatement or reprieve to any person who has made application pursuant to Neb. Rev. Stat. § 60-6,209, order such person to operate only motor vehicles equipped with an ignition interlock device approved by the Director. The Board may order the use of such a device for a period of time not to exceed any period of revocation the applicant is subject to at the time the application for an ignition interlock permit (IIP) is made.
010.02DIgnition Interlock Device; Ignition Interlock Permit (IIP); Issuance. Any person required by the Board to operate only motor vehicles equipped with an ignition interlock device shall make application to the Director for the issuance of an ignition interlock permit (IIP) restricted to the operation of a motor vehicle equipped with such an ignition interlock device. Such person shall provide satisfactory proof that an ignition interlock device has been installed and maintained on any motor vehicle such person shall operate for the duration of the original fifteen year revocation period. Any person eligible for issuance of an ignition interlock permit (IIP) with an ignition interlock restriction shall be required to meet all other conditions of licensure as required by statute or regulation.
010.02EIgnition Interlock Device; Rules and Regulation Relating to Approval of the Ignition Interlock Devices and the Means of Installation of the Devices. Applicants ordered by the Board to operate only motor vehicles equipped with an ignition interlock device shall be bound by the provisions of Title 250, Nebraska Administrative Code, Chapter 1, Rules and Regulation Relating to Approval of the Ignition Interlock Devices and the Administration of the Ignition Interlock Program, as well as the provisions of this rule.
010.02FIgnition Interlock Device; Violation; Revocation. Any person ordered by the Board of Pardons to operate only motor vehicles equipped with an ignition interlock device shall be subject to the criminal violations under Neb. Rev. Stat. § 83-1,127.02.

247 Neb. Admin. Code, ch. 12, § 010

Amended effective 12/27/2022