250 Neb. Admin. Code, ch. 3, § 002

Current through September 17, 2024
Section 250-3-002 - DEFINITIONS

For the purposes of these rules and regulations:

002.01Contested case

Contested case means a proceeding before an agency in which the legal rights, duties, or privileges of specific parties are required by law or constitutional right to be determined after an agency hearing.

002.02County attorney

County attorney means a prosecuting attorney for any county or city authorized to establish pretrial diversion programs pursuant to Neb. Rev. Stat. §§ 29-104 and 29-3602.

002.03Department

Department means the Nebraska Department of Motor Vehicles.

002.04Director

Director means the Director of the Nebraska Department of Motor Vehicles or his or her designee.

002.05Driver's Safety Training Program or program

Driver's Safety Training Program or program means a pretrial diversion curriculum for minor traffic violations, sometimes referred to as Safety Training Option Programs (STOP).

002.06Instructor

Instructor means any person who teaches, conducts classes, gives demonstrations, or supervises instruction of a driver's safety training program.

002.07Jurisdiction

Jurisdiction means any county or city authorized to establish pretrial diversion programs pursuant to Neb. Rev. Stat. § 29-3602.

002.08Minor traffic violation

Minor traffic violation means infractions as provided in Neb. Rev. Stat. § 60-682 but shall not include leaving the scene of an accident, driving under the influence of alcoholic liquor or drugs, reckless driving or willful reckless driving, participating in a speed competition, operating a motor vehicle to avoid arrest, refusing a breath or blood test, driving on a suspended or revoked operator's license, speeding twenty (20) or more miles per hour over the speed limit, operating a motor vehicle without insurance or other financial responsibility in violation of the Motor Vehicle Safety Responsibility Act, any injury accident, or any violation which is classified as a misdemeanor or a felony.

002.09Plan

Plan means the county or city attorney's plan for pretrial diversion as provided in Neb. Rev. Stat. § 39-3606 which includes a driver's safety training program for diversion of minor traffic offenses.

002.10Provider

Provider means any organization (commercial, non-profit, public, or private) that offers a driver's safety training program.

250 Neb. Admin. Code, ch. 3, § 002