KIMBALL v. NEB. DEPT. OF MOTOR VEHICLES

No. S-97-625.

586 N.W.2d 439 (1998)

255 Neb. 430

Thomas C. KIMBALL, appellee, v. NEBRASKA DEPARTMENT OF MOTOR VEHICLES, appellant.

Supreme Court of Nebraska.

October 30, 1998.


Attorney(s) appearing for the Case

Don Stenberg, Attorney General, and Joseph P. Loudon, Lincoln, for appellant.

Russel L. Jones, of Clough, Dawson & Piccolo, North Platte, for appellee.

HENDRY, C.J., and WRIGHT, CONNOLLY, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ.


GERRARD, Justice.

INTRODUCTION

The Department of Motor Vehicles (Department) appeals from the judgment of the district court which reversed the order of the director of the Department revoking the operator's license of Thomas C. Kimball, the appellee. In this appeal, we must determine whether the Department may hold a telephonic hearing, as permitted by Neb.Rev.Stat. § 84-913.03 (Reissue 1994), when a formal "rules of evidence" hearing is requested...

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