247 Neb. Admin. Code, ch. 1, § 025 - DECISIONS AND FINAL ORDER; REVOCATION PERIOD

025.01 In Writing. After a hearing, every decision and order rendered by the Director shall be in writing and shall be accompanied by findings of fact and conclusions of law reached by the Director. The findings of fact shall consist of a concise statement of the conclusions upon each contested issue of fact. If the order is for the revocation of the operator's license, the order shall set forth the period of revocation.

025.02 Service of Order. The order will be mailed to the Appellant at the address provided to the Director at the hearing, or to the address appearing on the Appellant's petition. The failure of the Appellant to claim an order shall not prevent a revocation from going into effect.

025.03 Copies. Copies of the decision, order and findings of fact and conclusions of law shall be sent to the Appellant's attorney if there is an attorney of record.

025.04 Computer Generated (Automatic) Order of Revocation. The Department will mail a computer generated Order of Administrative License Revocation to the arrested person indicating the day the automatic order of revocation goes into effect and the period of revocation. It will be mailed regardless of whether the person requests a hearing and may take effect prior to the hearing. If the arrested person does not file a timely petition for hearing, the computer generated order will be the only revocation order sent. The computer generated order is not appealable.

025.05 Effective Date Of Revocation. The effective date of the revocation shall be 15 days from the date of the arrest if the officer provides Notice of Revocation, or from the date of mailing of the notice if the Director provides Notice of Revocation.

025.06 Revocation Periods. The motorist's operator's license shall be revoked as follows:

025.06A Failure of Test. The revocation period for a person who submits to an alcohol test showing an alcohol level in excess of the concentration specified in Neb. Rev. Stat. § 60-6,196 shall have his or her license revoked for a period of 180 days. Except, if the person's driving record abstract maintained in the Department's computerized records show one or more prior administrative license revocations during the immediately preceding 15-year period at the time the order of revocation is issued, the period of revocation shall be one year.

025.06B Refusal of Test. The revocation period for a person who refuses a chemical test shall be one year.

025.07 Reinstatement of License After Revocation Period. A person may have his or her operator's license reinstated after a period of revocation as provided in Neb. Rev. Stat. § 60-499.01.

Notes

247 Neb. Admin. Code, ch. 1, § 025

Amended effective 12/27/2022