Mich. Admin. Code R. 257.303 - Hearing scheduling; hearing site; notice of hearing; contents; defective notice; accuracy of information on file with division
Rule 3.
(1) Except
as otherwise provided in the act or these rules, after receipt of a timely and
proper request for a hearing, the administrator shall schedule a hearing to be
held within a reasonable time.
(2)
The parties to an implied consent hearing shall appear at the division hearing
site that is closest to the location of the alleged arrest or at another
hearing site selected by the administrator.
(3) The petitioner in an appeal hearing shall
appear at the division hearing site that is closest to the petitioner's place
of residence, unless the administrator deems another site
appropriate.
(4) The administrator
shall furnish notice of hearing to the parties and to the attorneys of record,
if any, under the act and other applicable provisions of law.
(5) For an implied consent hearing, the
division shall mail notice to all of the following entities:
(a) The police officer or officers whose name
or names appear on the law enforcement information network report of refusal
that is filed under section 625d of the act or section 80188, 81138, or 82144
of the natural resources and environmental protection act.
(b) The law enforcement agency.
(c) Any prosecuting or city attorney who
requests receipt of the notice.
(6) A notice of hearing shall include all of
the following information:
(a) The date, time
and place where the parties are to appear.
(b) The legal authority under which the
hearing is being held.
(c) A
reference to the particular section or sections of the statutes and rules
involved.
(d) A short and plain
statement of the matters asserted.
(e) In the case of an implied consent
hearing, the issues that the hearing will cover.
(7) If proper notice is not provided, the
hearing officer or administrator may adjourn the hearing and reschedule the
hearing, unless rescheduling is waived in writing by the parties.
(8) Each petitioner, police officer, and
attorney shall ensure that his or her address and daytime telephone number that
are on file with the division are correct and shall immediately notify the
division of a change of address or telephone number that occurs during the
course of the proceeding.
(9) After
an appeal hearing has been held and the hearing officer has issued a final
order, the division shall not hold another hearing on the same matter until at
least 1 year from the date of the hearing, unless the administrator or hearing
officer provides otherwise.
Notes
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