§ 60-503 — Appeal; procedure

Nebraska § 60-503

• Jurisdiction: Nebraska
• Ch. 60: Motor Vehicles

Text

(1) Any person aggrieved by an order or act of the department under the Motor Vehicle Safety Responsibility Act may, within thirty days after notice thereof, file a petition in the district court of the county where the aggrieved person resides, but in the event the aggrieved person is a nonresident, then such petition shall be filed in the district court of Lancaster County for a review thereof. The filing of such petition shall suspend the order or act pending a final determination of the review. The license or registration of any person claiming to be aggrieved shall not be restored to such person in the event the final judgment of a court finds against such person until the full time of revocation as fixed by the department shall have elapsed. The court shall summarily hear the petition as a case in equity without a jury and may make any appropriate order or decree.
(2) The appeal procedures described in the Administrative Procedure Act shall not apply to this section.

Legislative History

Source: Laws 1949, c. 178, § 3, p. 484; Laws 1972, LB 1303, § 1; Laws 1988, LB 352, § 106; Laws 1989, LB 352, § 2. Cross References: Administrative Procedure Act, see section 84-920. Annotations: On appeal, the burden of proof is on the licensee to establish the invalidity of an order revoking the licensee's motor vehicle operator's license. On appeal, the district court is required to consider the entire record made before the Director of Motor Vehicles and the record is, therefore, admissible in the district court. Wroblewski v. Pearson, 210 Neb. 82, 313 N.W.2d 231 (1981). In a hearing under this section, the court may consider as evidence the documents considered by the agency under the terms of section 60-507(3). In a hearing under this section, one whose license was revoked by the director has the burden of showing that the revocation was unreasonable. Hehn v. State, 206 Neb. 34, 290 N.W.2d 813 (1980). Summary review, in district court, of a department order involves only question of potential judgment, and is not a determination of ultimate liability. Berg v. Pearson, 199 Neb. 390, 259 N.W.2d 275 (1977). On facts in this case, dismissal of petition contesting order of suspension of driver's license was proper. Schetzer v. Sullivan, 193 Neb. 841, 229 N.W.2d 550 (1975). Statutory remedy of appeal is provided to person aggrieved by order of department. Montgomery v. Blazek, 161 Neb. 349, 73 N.W.2d 402 (1955). Action involved was not an appeal under this section. Hadden v. Aitken, 156 Neb. 215, 55 N.W.2d 620 (1952).