Mich. Admin. Code R. 257.302 - Request for hearing; contents; notice of denial; appearance of attorney
Rule 2.
(1) A
request for a hearing shall comply with all of the following requirements:
(a) Be in writing.
(b) Include all of the following information
with respect to the petitioner:
(i) Full
name.
(ii) Home and mailing
addresses.
(iii) Telephone
number.
(iv) Date of
birth.
(v) Driver license number,
if known.
(c) Be filed
with the division office in Lansing.
(d) With respect to an appeal hearing that
involves a review of a departmental determination which results in a denial or
revocation under section 303(1)(d) or (f) or (2)(c), (d), or (f) of the act,
the division shall not schedule the hearing unless the request also includes a
current substance abuse evaluation on a form prescribed by the
department.
(2) If a
petitioner is represented by an attorney at the time a request for a hearing is
filed, then the request shall include all of the following information with
respect to the attorney:
(a) Name.
(b) P number.
(c) Business address.
(d) Telephone number.
(e) Facsimile machine number, if
available.
(3) A
petitioner shall ensure that a request for a hearing that is filed by mail is
postmarked, or that a request for a hearing that is filed by facsimile machine
or hand delivery arrives at the division office in Lansing, within 1 of the
following time periods, as applicable:
(a)
Under section 322 of the act, within 14 days after the final determination of
the secretary of state.
(b) Under
section 625f of the act, within 14 days after the date of the notice issued
under section 625e of the act.
(c)
Under the provisions of section 80190, 81140, or 82146 of the natural resources
and environmental protection act, within 14 days after the date of the notice
issued under section 80189, 81139, or 82145 of the natural resources and
environmental protection act.
(4) If a request for a hearing is denied,
then the administrator shall notify the petitioner and his or her attorney, if
any, in writing, stating the reasons for the denial.
(5) An attorney shall not represent a party
unless a written appearance has been filed.
Notes
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