60-4,114 County treasurer; personnel; examination of applicant; denial or refusal of certificate; appeal; medical opinion. - Nebraska Statutes

60-4,114. County treasurer; personnel; examination of applicant; denial or refusal of certificate; appeal; medical opinion.(1) The county treasurer may employ such additional clerical help as may be necessary to assist him or her in the performance of the ministerial duties required of him or her under the Motor Vehicle Operator's License Act and, for such additional expense, shall be reimbursed as set out in section 60-4,115.(2) The director may, in his or her discretion, appoint one or more examining officers who shall personally examine all applicants who apply for an initial license or whose licenses have been revoked or canceled to ascertain such person's ability to operate a motor vehicle properly and safely.(3) Except as otherwise provided in section 60-4,122, the application process, in addition to the other requisites of the act, shall include the following:(a) An inquiry into the medical condition and visual ability of the applicant to operate a motor vehicle;(b) An inquiry into the applicant's ability to drive and maneuver a motor vehicle;(c) An inquiry touching upon the applicant's knowledge of the motor vehicle laws of this state, which shall include sufficient questions to indicate familiarity with the provisions thereof; and(d) An inquiry into the applicant's knowledge of the laws for operating a motor vehicle to avoid arrest.(4) If an applicant is denied or refused a certificate for license by the examiners, such applicant shall have the right to an immediate appeal to the director from the decision of such examiners. It shall be the duty of the director to review the appeal and issue a final order, to be made not later than ten days after the receipt of the appeal by the director, except that if the director requests the advice of the Health Advisory Board on the matter, the director shall have up to forty-five days after the day a medical or vision problem is referred to him or her to consult with members of the board to obtain the medical opinion necessary to make a decision and shall issue a final order not later than ten days following receipt of the medical opinion. After consideration of the advice of the board, the director shall make a determination of the applicant's physical or mental ability to operate a motor vehicle and shall issue a final order. The order shall be in writing, shall be accompanied by findings of fact and conclusions of law, and shall be sent by registered or certified mail to the applicant's last-known address. The order may be appealed as provided in section 60-4,105. SourceLaws 1929, c. 148, § 6, p. 514; C.S.1929, § 60-406; Laws 1931, c. 101, § 1, p. 272; Laws 1937, c. 141, § 16, p. 514; C.S.Supp.,1941, § 60-406; R.S.1943, § 60-408; Laws 1945, c. 141, § 5, p. 450; Laws 1947, c. 207, § 2, p. 676; Laws 1957, c. 366, § 38, p. 1272; Laws 1961, c. 307, § 5, p. 972; Laws 1961, c. 315, § 6, p. 1003; Laws 1961, c. 316, § 6, p. 1013; Laws 1972, LB 1439, § 1; Laws 1981, LB 76, § 2; R.S.1943, (1988), § 60-408; Laws 1989, LB 285, § 63; Laws 1994, LB 211, § 9; Laws 1999, LB 704, § 16; Laws 2001, LB 38, § 28; Laws 2001, LB 574, § 10. AnnotationsProper amount of license fee for all applicants holding a motor vehicle operator's license on September 1, 1937, was seventy-five cents. Cross v. Theobald, 135 Neb. 199, 280 N.W. 841 (1938).Under former act, collection and retention by county treasurer of fee of twenty-five cents was not in conflict with general statute governing compensation of county treasurer, and was not void as extra compensation. Mehrens v. Bauman, 120 Neb. 110, 231 N.W. 701 (1930).