Mich. Admin. Code R. 257.305 - Withdrawal of request for hearing; withdrawal of arresting officer's report
Rule 5.
(1) A
petitioner may withdraw his or her request for a hearing. A petitioner shall
make the withdrawal on the record or in writing and shall file the withdrawal
either with the division office in Lansing or with the hearing
officer.
(2) If a petitioner
withdraws from an appeal hearing, then the hearing officer shall promptly
affirm the determination of the secretary of state that was appealed without
further proceedings. In addition, the division shall not hold a hearing on the
same matter until at least 1 year after the hearing date set before the
withdrawal, unless the administrator or hearing officer orders
otherwise.
(3) If a petitioner
withdraws from an implied consent hearing, then the department shall impose a
suspension or revocation against the petitioner or order the petitioner not to
operate a vessel or snowmobile under section 625f of the act or section 80190,
81140, or 82146 of the natural resources and environmental protection
act.
(4) A police officer party or
a prosecuting attorney may withdraw a report filed under section 625d of the
act or section 80188, 81138, or 82144 of the natural resources and
environmental protection act. If a police officer party or a prosecuting
attorney withdraws a report under this subrule, then the department shall not
take action under section 625f of the act or section 80190, 81140, or 82146 of
the natural resources and environmental protection act. A police officer party
or a prosecuting attorney shall make a withdrawal in writing and shall file the
withdrawal with the division office in Lansing or with the hearing
officer.
Notes
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