The burden of proof in any commercial motor vehicle driver's license disqualification hearing shall be on the Appellant.
The Appellant must show by the preponderance of the evidence why his or her license or privilege to drive a commercial motor vehicle should not be disqualified for the statutory period.
The sworn affidavit of the arresting officer shall be received into the record by the Hearing Officer as the jurisdictional document of the hearing, and the receipt of the sworn report shall establish a prima facie case for the Department.
249 Neb. Admin. Code, ch. 1, § 008