Pope v. Department of Motor Vehicles, 310 Neb. 971

On July 11, 2020, Pope was arrested for suspicion of DUI and refused a breath chemical test.
The arresting officer prepared a sworn report; Pope was given a copy signed by the officer but not notarized.
The Department received a different copy (filed within the statutory 10-day period) that included the officer’s signature and a notary’s signature and stamp; that notarized copy was provided to Pope before the hearing.
An administrative revocation hearing occurred on August 11; the record shows a second hearing and related notices/continuance actions on August 17 and August 25, 2020.
The hearing officer questioned the officer about the notarization; the Department (director) revoked Pope’s license, the district court affirmed, and Pope appealed to the Nebraska Supreme Court.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Jurisdiction based on sworn report	Pope: report given at arrest lacked notary and thus failed to confer jurisdiction	Dept.: the copy filed with the director was notarized before the hearing and contained required information	The notarized report filed with the Department before the hearing satisfied § 60-498.01 and conferred jurisdiction
Reopening/continuance & due process	Pope: Department unlawfully reopened/hearing officer was compelled; "behind closed doors" contact and lack of notice violated due process	Dept.: hearing officer may hold record open and director may order continuance; Pope received notice and opportunity to be heard	No due process violation; reopening/record supplementation was within agency/regulatory authority and no bias shown
Timeliness of director decision & stay of revocation	Pope: director violated 7‑day decision rule and should have stayed revocation during continuance	Dept.: 7‑day period runs from filing of hearing officer recommendations; continuance does not automatically stay revocation unless director requests stay; license was already automatically revoked	Director’s order (filed after recommendations) was timely; statute doesn’t entitle Pope to a stay beyond the automatic revocation period

Travis v. Lahm, 306 Neb. 418 (2020) (standard of review for APA appeals)
Betterman v. Department of Motor Vehicles, 273 Neb. 178 (2007) (jurisdictional questions without factual disputes are reviewed de novo)
Hahn v. Neth, 270 Neb. 164 (2005) (sworn report must contain statutory information to confer jurisdiction)
Moyer v. Nebraska Dept. of Motor Vehicles, 275 Neb. 688 (2008) (officer signature and notarization suffice; statute does not require the notary to place officer under oath)
Johnson v. Neth, 276 Neb. 886 (2008) (defects in form can defeat jurisdiction when statutory requirements are not substantially complied with)
Murray v. Neth, 279 Neb. 947 (2010) (agency may seek supplemental sworn report to obtain jurisdiction)