140 IAC 1-1-6 - Admissibility and presentation of evidence

Authority: IC 4-21.5-3-35; IC 9-14-8-3

Affected: IC 4-21.5-3-6; IC 9-14; IC 9-24; IC 9-25; IC 9-28; IC 9-30

Sec. 6.

(a) No evidence shall be admitted in a hearing to attack collaterally any violation pertinent to the matters being heard, other than by authenticated or certified judicial record showing either of the following:

(1) That the convicting court or the court rendering judgment did not have jurisdiction to so convict or to render such judgment.

(2) That such convicting court or the court rendering judgment has not, in fact, rendered a determination of conviction or rendered a final judgment in such cause, and that such cause is still pending.

(b) Any matter appearing on the bureau's records shall be prima facie evidence of the information that appears on the face of the records.

Notes

140 IAC 1-1-6

Bureau of Motor Vehicles; Hearing Procedure Reg I, Rule VI; filed Dec 11, 1959, 3:00 p.m.: Rules and Regs. 1960, p. 96; errata filed Aug 10, 1992, 3:00 p.m.: 15 IR 2593; filed Nov 26, 1996, 4:35 p.m.: 20 IR 934; readopted filed Jul 30, 2001, 10:23 a.m.: 24 IR 4227; readopted filed Nov 14, 2007, 1:31 p.m.: 20071212-IR-140070562RFA; filed Oct 7, 2008, 10:23 a.m.: 20081105-IR-140080215FRA Readopted filed 11/3/2014, 1:43 p.m.: 20141203-IR-140140375RFA Filed 11/16/2015, 12:44 p.m.: 20151216-IR-140150061FRA, eff1/1/2016 Readopted filed 5/6/2021, 9:11 a.m.: 20210602-IR-140210126RFA

This version of section effective January 1, 2016. See also preceding version of section, effective until January 1, 2016.