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DEPARTMENT OF STATE
DRIVER LICENSE APPEAL DIVISION
GENERAL RULES



(By authority conferred on the secretary of state by section 204 of Act No. 300 of the Public Acts of 1949, as amended, and section 33 of Act No.306 of the Public Acts of 1969, as amended, being 257.204 and 24.233 of the Michigan Compiled Laws)

R 257.301 Definitions.

Rule 1. (1) As used in these rules:
(a) "Abstinence" means to refrain completely from consuming any amount of any type of alcoholic beverage, including, but not limited to, nonalcoholic beer, or controlled substance, except a controlled substance prescribed for the petitioner by a licensed health professional.

(b) "Act" means Act No. 300 of the Public Acts of 1949, as amended, being 257.1 et seq. of the Michigan Compiled Laws.

(c) "Administrator" means the secretary of state or an individual designated by the secretary of state to act in his or her place.

(d) "Appeal hearing" means an appeal under section 322 of the act.

(e) "BAIID" means a properly functioning breath alcohol ignition interlock device that meets or exceeds the requirements of section 625k of the act.

(f) "Communication equipment" means a conference telephone, video conferencing equipment, or other electronic device.

(g) "Current substance abuse evaluation" means an evaluation that is dated not more than 3 months before the date it is received by the department.

(h) "Division" means the driver license appeal division of the bureau of legal services of the department.

(i) "Hearing" means an appeal under section 322 of the act or a proceeding under section 625f of the act or section 80190, 81140, or 82146 of the natural resources and environmental protection act.

(j) "Hearing officer" means a person who is appointed by the secretary of state to conduct hearings.

(k) "Implied consent hearing" means a proceeding under section 625f of the act or section 80190, 81140, or 82146 of the natural resources and environmental protection act. (l) "Natural resources and environmental protection act" means Act No. 451 of the Public Acts of 1994, as amended, being 324.101 et seq. of the Michigan Compiled Laws.

(m) "Party" means either of the following:

(i) A petitioner.

(ii) The arresting police officer or the police officer in charge of the case.

(n) "Petitioner" means a person who qualifies for a hearing.

(o) "Structured support program" means specific activities that a substance-abusive or substance-dependent individual has incorporated into his or her lifestyle to help support his or her continued abstinence from alcohol or controlled substances, or both.

(p) "Substance abuse evaluation" means a written report regarding the petitioner on a form prescribed by the department that includes a statement of the testing instruments used and the test results, if any exist, a complete treatment and support group history, diagnoses, prognoses, and relapse histories, including those relapse histories that predate the beginning of the most recent treatment program.

(q) "Urinalysis drug screen" means a chemical analysis of an individual's urine to determine the presence of alcohol or controlled substances, or both.
(2) A word or term defined in the act has the same meaning when used in these rules.

History: 1992 AACS; 1998-2000 AACS.



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.

History: 1992 AACS; 1998-2000 AACS.



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.

History: 1992 AACS; 1998-2000 AACS.



R 257.304 Hearing conducted with communication equipment.

Rule 4. (1) Notwithstanding any other provision of these rules, the administrator or the hearing officer may direct that a hearing or a portion of a hearing be conducted by means of communication equipment and the hearing may be scheduled accordingly.

(2) For an appeal hearing conducted using communication equipment, before the division schedules a hearing, the petitioner shall submit all documentary evidence to be considered by the hearing officer to the division office in Lansing. The petitioner shall verify, in writing, that all documentary evidence has been submitted to the division before the hearing is scheduled. For good cause shown, the hearing officer may permit additional evidence to be submitted, but may decline to receive any additional evidence at or following the hearing.

History: 1992 AACS; 1998-2000 AACS.



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.

History: 1992 AACS; 1998-2000 AACS.



R 257.306 Circuit court appeals; effect.

Rule 6. (1) If a petitioner appeals to circuit court regarding a matter that has been appealed to the division pursuant to the provisions of section 322 of the act, the petitioner's appeal before the division shall be deemed withdrawn and the division shall not hold a hearing on the matter.

(2) If the circuit court renders a decision on a matter, the division shall not hold a hearing on the same matter until at least 1 year after the date of the circuit court's final order, unless the circuit court, administrator, or hearing officer orders otherwise.

History: 1992 AACS.



R 257.307 Adjournments.

Rule 7. (1) After a hearing has been scheduled, it shall only be adjourned by order of the administrator or the hearing officer.

(2) An adjournment shall be granted for any of the following reasons:
(a) The hearing conflicts with a previously scheduled court appearance of an attorney, petitioner, or law enforcement officer.

(b) An attorney, petitioner, or law enforcement officer will be out of town or out of the state because of a previously scheduled vacation or business trip that cannot be canceled or rescheduled without economic loss.

(c) The death or serious illness of a family member of an attorney, petitioner, or law enforcement officer.

(d) The petitioner is incarcerated.

(e) An attorney, petitioner, or law enforcement officer is hospitalized.

(f) Other good cause to be determined by the administrator or hearing officer.
(3) A request for an adjournment shall be in writing and shall state the reason for the request.

(4) The administrator or hearing officer may require the party who requests an adjournment to submit documentary evidence that substantiates the reason for the request.

(5) The party who requests an adjournment shall file the request with the division office in Lansing, unless otherwise indicated in the notice of hearing.

(6) A request for adjournment shall be received not less than 2 business days before a hearing. If a request is received within 2 business days before a hearing, the request may be summarily denied. The hearing officer or administrator may grant an adjournment at any time, including the day of the hearing.

(7) A party shall not consider a hearing adjourned until the administrator or the hearing officer notifies the party that the hearing is adjourned.

History: 1992 AACS.



R 257.308 Subpoenas; issuance; service; witness fees; enforcement.

Rule 8. (1) Upon the written request of a party, the hearing officer or administrator may sign and issue a subpoena on a form prescribed by the department.

(2) The responsibility for serving the subpoena, determining expert witness fees, paying witness fees, and enforcing the subpoena shall be solely that of the party who requests the subpoena.

(3) To enforce a subpoena, a party on whose behalf it was issued may file a petition for an order requiring compliance in the circuit court for the county in which the hearing is scheduled to be held.

History: 1992 AACS.



R 257.309 Time; effect of failure to appear.

Rule 9. (1) A hearing shall commence not more than 20 minutes after the scheduled hearing time, except for reasonable cause to be determined by the hearing officer or administrator. If a hearing does not commence within 20 minutes after the scheduled hearing time, then subrules (2) to (4) of this rule apply.

(2) With respect to an appeal hearing, except for reasonable cause to be determined by the administrator or hearing officer, the failure of the petitioner to appear has the following effect:
(a) The petitioner's hearing request is deemed to be withdrawn.

(b) The division shall not hold another hearing on the same matter until at least 1 year from the hearing date, unless the administrator or hearing officer orders otherwise.
(3) With respect to an implied consent hearing, except for reasonable cause to be determined by the administrator or hearing officer, the failure of a party to appear has the following effect:
(a) The petitioner's failure to appear is treated as a default and a suspension or revocation shall be imposed or an order not to operate a vessel or snowmobile shall be issued under section 625f of the act or section 80190, 81140, or 82146 of the natural resources and environmental protection act.

(b) If the police officer party fails to appear, then the hearing officer shall dismiss the matter and the department shall not take an action under section 625f of the act or section 80190, 81140, or 82146 of the natural resources and environmental protection act, whether or not the petitioner appears.

(c) The division shall not hold another hearing on the same matter unless the administrator or hearing officer orders otherwise.
(4) If a matter is resolved under subrule (2) or (3) of this rule, then the hearing officer or the administrator may elect not to go on the record.

History: 1998-2000 AACS.



R 257.310 Conduct of hearings; witnesses; rules of evidence; official notice; burden of proof.

Rule 10. (1) A hearing is open to the public unless the hearing officer orders otherwise.

(2) The hearing officer may call or recall witnesses and question witnesses regarding any matter pertinent to the case.

(3) The hearing officer has an affirmative duty to assist a party appearing at a hearing who is not represented by an attorney in presenting a case to properly develop a complete record. To fulfill the duty, the hearing officer may question witnesses or assist with the introduction of documents into evidence, or both.

(4) A hearing officer shall follow the rules of evidence as applied in circuit court so far as practicable, but the hearing officer may admit, and give probative value to, evidence of a type that is commonly relied upon by reasonably prudent persons in the conduct of their affairs.

(5) A hearing officer may exclude irrelevant, immaterial, or unduly repetitious evidence.

(6) The hearing officer may require or allow a party to present additional evidence on an issue within a specified period of time.

(7) A hearing officer may take official notice of facts and may take notice of general, technical, or scientific facts within the department's specialized knowledge.

(8) The petitioner shall have the burden of proof at an appeal hearing and on an affirmative defense at an implied consent hearing.

(9) The police officer party shall have the burden of proof at an implied consent hearing, except as provided in subrule (8) of this rule.

(10) Unless otherwise provided in the act or these rules, the standard of proof at a hearing is a preponderance of the evidence.

(11) At the written request of a petitioner, and with the approval of the administrator, the division may conduct an appeal hearing through a review of written proofs submitted by the petitioner. The petitioner need not be present for a review of written proofs.

(12) Except for implied consent hearings and appeal hearings involving a review of a determination of the department that results in a denial or revocation under section 303(1)(d),(e), or (f) or (2)(c), (d), (e), or (f) of the act, a hearing officer shall limit a hearing to a review of the record.

History: 1998-2000 AACS.



R 257.311 Decorum.

Rule 11. (1) A person who appears at a hearing shall conform to the standard of conduct that is required of a person who appears before a court of this state.

(2) A person who does not conform to the standard of conduct prescribed in subrule (1) of this rule may be excluded from the hearing by the hearing officer or the hearing officer may adjourn the hearing if necessary to avoid undue disruption of the proceedings.

History: 1992 AACS.



R 257.312 Briefs, legal authority, and other writings; filing.

Rule 12. (1) A hearing officer may require or allow the filing, and place a reasonable limitation on the length, of briefs, legal authority, or other writings.

(2) The proponent of an issue shall file the initial brief or other writing with the hearing officer and the opposing party, if any.

(3) A hearing officer shall give the opposing party a reasonable opportunity to file a responsive brief or other writing.

(4) A person shall file a brief or other writing within the time limits indicated by the hearing officer, except when the hearing officer determines that there is good cause to grant an extension.

History: 1992 AACS; 1998-2000 AACS.



R 257.313 Standards for issuance of license.

Rule 13. (1) With respect to an appeal hearing that involves a review of a determination of the department which results in a denial or revocation under section 303(1)(d), (e), or (f) or (2)(c), (d), (e), or (f) of the act, all of the following provisions apply:
(a) The hearing officer shall not order that a license be issued to the petitioner unless the petitioner proves, by clear and convincing evidence, all of the following:

(i) That the petitioner's alcohol or substance abuse problems, if any, are under control and likely to remain under control.

(ii) That the risk of the petitioner repeating his or her past abusive behavior is a low or minimal risk.

(iii) That the risk of the petitioner repeating the act of operating a motor vehicle while impaired by, or under the influence of, alcohol or controlled substances or a combination of alcohol and a controlled substance or repeating any other offense listed in section 303(1)(d), (e), or (f) or (2)(c), (d), (e), or (f) of the act is a low or minimal risk.

(iv) That the petitioner has the ability and motivation to drive safely and within the law.

(v) Other showings that are relevant to the issues identified in paragraphs (i) to (iv) of this subdivision.

(b) Before ordering that a license be issued to the petitioner, the hearing officer shall require that the petitioner prove, by clear and convincing evidence, that he or she has completely abstained from the use of alcohol and controlled substances, except for controlled substances prescribed by a licensed health care professional, for a period of not less than 6 consecutive months or has abstained for a period of not less than 12 consecutive months if the evidence considered at the hearing establishes that a longer period of abstinence is necessary. The evidence may include any of the following:

(i) That the petitioner has ever submitted to a chemical test which revealed a bodily alcohol content that is not less than 2 times the level indicated in section 625a(9)(c) of the act.

(ii) That the petitioner has 3 or more convictions for alcohol or controlled substance-related offenses.

(iii) That the petitioner has attempted to bring his or her alcohol or controlled substance abuse problems, if any, under control, but suffered a relapse by using, on at least 1 occasion, alcohol or a controlled substance, or both, except for a controlled substance prescribed for the petitioner by a licensed health professional.

(iv) That a substance abuse evaluation of the petitioner reveals a diagnosis of past or present alcohol or controlled substance dependency.

(v) That the petitioner's license was previously revoked or denied under section 303 of the act because of alcohol or controlled substance convictions.

(vi) Other showings that are relevant to the issues identified in paragraphs (i) to (v) of this subdivision.

(c) If the hearing officer determines, under subdivision (b) of this subrule, that the petitioner must prove complete abstinence for a period of more than 6 months, then the hearing officer shall explain the reasons for the determination in the written order issued by the hearing officer.

(d) The hearing officer may require that the petitioner present evidence from not less than 3 independent sources to corroborate the petitioner's behavior with respect to alcohol and controlled substances.

(e) The hearing officer may require the petitioner to present a current urinalysis drug screen to corroborate the presence or absence of controlled substances or alcohol, or both, in the petitioner's body.

(f) The hearing officer may require that the petitioner submit a current substance abuse evaluation on a form prescribed by the department.

(g) The petitioner may submit any or all of the following:

(i) Letters from other persons that document his or her behavior regarding alcohol and controlled substances.

(ii) Proof of his or her past and current involvement with a treatment program or programs.

(iii) Proof of his or her past and current structured support program.

(iv) Other relevant evidence.

(h) If the hearing officer concludes that the petitioner has met the requirements of this subrule, then the hearing officer may order a restricted license for a period of time to be determined by the hearing officer before consideration for an unrestricted license. This subdivision does not apply if the petitioner is a nonresident seeking relief so that he or she may apply for a license in his or her home state.
(2) If a petitioner's application for a license has been denied, or if his or her license has been revoked, under section 303(1)(e), (g), (h), (i), (j), or (k) or (2)(a), (b), or (e) or 320(2) of the act, then the hearing officer shall not order that a license be issued to the petitioner unless the petitioner proves both of the following by clear and convincing evidence:
(a) That the petitioner has the ability and motivation to drive safely and within the law.

(b) Other showings that are relevant to the issue identified in subdivision (a) of this subrule.
(3) If a person's license has been revoked under section 320(2) of the act, then the department shall not issue a license to the person unless the person establishes both of the following:
(a) That the person has the ability and motivation to drive safely and within the law.

(b) Other showings that are relevant to the issue identified in subdivision (a) of this subrule.
History: 1992 AACS; 1998-2000 AACS.



R 257.313a Breath alcohol ignition interlock devices (BAIID); "major violation," "minor violation," "rolling retest violation," and "start-up test failure" defined.

Rule 13a.

(1) As used in this rule:
(a) "Major violation" means any of the following:

(i) A rolling retest violation.

(ii) The petitioner is issued a permit under section 625g of the act.

(iii) The petitioner is convicted of violating section 625l of the act.

(iv) The monitoring of the BAIID indicates that the BAIID has been tampered with or circumvented or that there was an attempt to tamper with or circumvent the BAIID.

(v) Three minor violations within a monitoring period.

(vi) A BAIID is removed from a vehicle, except as provided in subrule (9) of this rule or if a BAIID is installed within 7 days in another vehicle owned or operated by a petitioner whose license is restricted.

(b) "Minor violation" means either of the following:

(i) Two months or more after the BAIID is installed, 3 start-up test failures within a monitoring period.

(ii) The petitioner fails to report to the BAIID installer for monitoring within 7 days after his or her scheduled monitoring date.

(c) "Rolling retest violation" means the BAIID has detected, while the vehicle is in operation, an alcohol content identified in section 625k(5)(a)(iii)(c) of the act. This subdivision does not apply if, within 5 minutes of that detection, the petitioner delivers a breath sample that the BAIID analyzes as having an alcohol content of less than 0.04 grams per 210 liters of breath.

(d) "Start-up test failure" means the BAIID has prevented the motor vehicle from being started. Multiple unsuccessful attempts at 1 time to start the vehicle shall be treated as 1 start-up test failure under this subdivision.
(2) If a person whose license was denied or revoked under section 303(1)(f) or (2)(c), (d), or (f) of the act was granted a restricted license on or before October 1, 1999, and the hearing officer continues the restricted license following a hearing held after October 1, 1999, then the hearing officer may do both of the following:
(a) Require the installation of a BAIID on each motor vehicle the person owns or intends to operate, the costs of which shall be borne by the person whose license is restricted.

(b) Condition the issuance of the continued restricted license upon verification by the department that a BAIID has been installed.
(3) If a restricted license requiring a BAIID is interrupted, the hearing officer may aggregate the periods of time that a restricted license which included a BAIID requirement was actually operative to determine whether the 1-year period required by section 322(6) of the act has been met.

(4) The manufacturer, installer, or service provider of a BAIID shall submit a violation report to the department if monitoring of the BAIID indicates that the person whose license is restricted under this rule or section 323(6) of the act has committed a major or minor violation as defined in this rule. A violation report regarding a major violation, except when the petitioner is issued a permit under section 625g of the act or is convicted of violating section 625l of the act, shall be submitted to the department not later than 10 days after the violation occurs.

(5) A manufacturer, installer, or service provider shall submit a report required by subrule (4) of this rule in a form prescribed or previously approved by the department.

(6) A violation report shall include the following information:
(a) All major and minor violations revealed by the monitoring of the BAIID since the BAIID was installed or since the last monitoring, whichever is later.

(b) Any other information required by the department.
(7) If a major violation is reported to the department, then all of the following provisions apply:
(a) The department shall reinstate the original revocation or denial, or both, under section 303 of the act and shall give not less than 5 days' written notice to the petitioner.

(b) If a written request for a hearing is filed within 14 days after the reinstatement under subdivision (a) of this subrule, then the department shall schedule a hearing.

(c) At a hearing scheduled under this subrule, the petitioner has the burden of establishing that the reinstated section 303 revocation or denial, or both, should be set aside.
(8) If a minor violation is reported to the department, then the department shall extend the period of time before another hearing may be held by 3 months and shall extend the minimum period of time for the BAIID requirement by 3 months.

(9) After the minimum period of time required by section 322(9) of the act plus any extensions imposed under subrule (8) of this rule, all of the following provisions apply:
(a) The petitioner may have the BAIID removed from his or her vehicle.

(b) The manufacturer, installer, or service provider shall prepare a final report on a form prescribed by the department and give the report to the petitioner.

(c) The petitioner shall submit the report to the hearing officer at the petitioner's next hearing.
History: 1998-2000 AACS.



R 257.314 Recording hearings; transcript or electronic recording medium request; fee; erasing or reprocessing electronic recording medium.

Rule 14. (1) The hearing officer shall electronically, stenographically, or otherwise record a hearing, as determined by the hearing officer or the administrator.

(2) Any person may make a request for a transcript, a partial transcript, or a copy of a recording medium. A person shall make a request in writing and file it with the division office in Lansing within 63 days after the date of the hearing officer's decision or within 182 days after the date of the hearing officer's decision if the court extends the period for filing a petition for review of the determination under section 323(1) of the act.

(3) A request filed under subrule (2) of this rule shall include all of the following information:
(a) The hearing date and location.

(b) The petitioner's full name, birth date, and, if known, driver license number.

(c) The case number assigned to the matter by the division.
(4) The department shall charge a fee to a person who files a request under subrule (2) of this rule. The administrator shall determine the fee.

(5) The administrator or hearing officer may erase or otherwise reprocess the electronic recording medium if a transcript request is not received by the division office in Lansing within the period prescribed in subrule (2) of this rule.

(6) If the division is unable to provide a transcript due to a defective recording or loss or destruction of the recording medium, then the parties and the hearing officer may stipulate to facts, issues, or conclusions of law or a party may request another hearing on the same matter.

History: 1992 AACS; 1998-2000 AACS.



R 257.315 Reconsideration; rehearing.

Rule 15. (1) On written motion of a party, reconsideration of a matter or a rehearing may be granted by the administrator or the hearing officer for any of the following reasons:
(a) Newly discovered, material evidence that could not, with reasonable diligence, have been discovered before the hearing and produced at that time.

(b) An error of law that occurs at the hearing.

(c) A material mistake of fact by the hearing officer.
(2) A motion for reconsideration or rehearing shall be filed with the division office in Lansing and served on the opposing party, if any, within 21 days after the date of the hearing officer's decision.

History: 1992 AACS.



R 257.316 Rescission.

Rule 16. R 257.31 to R 257.39 of the Michigan Administrative Code, appearing on pages 729 to 731 of the 1979 Michigan Administrative Code, are rescinded.

History: 1992 AACS.