(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.

(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.

(a) Name.

(b) P number.

(c) Business address.

(d) Telephone number.

(e) Facsimile machine number, if available.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.