28-447. Public records
A. An application for a license, permit, title or registration made to the
department and a document required by law or by the department to accompany the
application is a public record, except a medical report and a report voluntarily
submitted by a physician or a registered nurse practitioner as defined in section
28-3005, except as provided by section 28-455 and except as otherwise provided by law.
B. If the department is required or authorized to revoke, suspend or cancel a
driver license or to suspend vehicle registrations pursuant to chapter 9 of this title,
it shall notify the holder by a written notice that includes a citation to the statute or
rule under which the action is authorized or required. The department shall retain a
copy of the notice. The copy of the notice shall contain a certification that the
original notice was mailed and the date the notice was mailed. The copy of the notice is
a public record. If the copy is addressed to a licensee at the address last shown on the
department's records, as evidenced by the person's driver license application or
subsequent notification pursuant to section 28-448 by the person of a different address,
it is presumed, unless otherwise shown by clear and convincing evidence, that the person
to whom the notice was addressed received the original notice.
C. The department may place notes, date stamps, identifying numbers or other
information on an application, a record of conviction or any other record as is necessary
to ensure the accuracy of the record and to expedite its handling. The information does
not affect the validity of a record, except that the markings are not considered a part
of the record for evidentiary purposes unless proven accurate by other records of the
department or other competent evidence.
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