247 Neb. Admin. Code, ch. 1, § 013 - FILING OF PETITION AND NOTICE OF REVOCATION

013.01 Time to File Petition. A person's right to an administrative license revocation hearing will be foreclosed if a petition for an administrative license revocation hearing is not completed and postmarked or delivered to the Department as follows:

013.01A Breath and Refusal Cases. Within ten days after the person's arrest in cases in which the Appellant received Notice of Revocation from the arresting officer.

013.01B Blood Test Cases. Within ten days after the mailing of the Notice of Revocation in cases in which the Appellant received Notice of Revocation from the Department.

013.02 Where the Department Mails the Notice of Revocation. The Department shall serve the Notice of Revocation by U.S. mail to the address appearing on the records of the Director. If the address on the Director's records differs from the mailing address on the sworn report, the notice shall be mailed to both addresses.

013.03 Failure to Return Operator's License. Any person who desires a hearing, who has been served a notice of revocation by the Director, and who has an operator's license in their possession shall return the operator's license with the petition requesting the hearing.

013.04 Hearing. The Director shall conduct the hearing within twenty days after a petition is received by the Director.

Notes

247 Neb. Admin. Code, ch. 1, § 013

Amended effective 12/27/2022