reglab/statecodes huggingface dataset:
Michigan Administrative Code › Department - Natural Resources › Wildlife Division › Wilderness and Natural Areas › RegulationNo 66 - Ontonagon county › Section R. 322.66.1 - Porcupine mountains wilderness area

Current through Vol. 24-12, July 15, 2024
Rule 1. The following described area in the Porcupine
					 mountains wilderness state park is rededicated as a wilderness area under the
					 designation of the Porcupine mountains wilderness area: Sections 5& 16,
					 entire; T 50N, R43W. Sections
					 1 to 10, entire;
					 sections 11& 12, entire except those lands lying 200 feet on either side of
					 the centerline of Summit Peak road; sections 14 to 18, entire; that part of
					 sections 19 to 22, lying N'ly of a line 200 feet N of the South Boundary road;
					 including existing shelters and cabins as nonconforming uses, T50N, R44W.
					 Section 7, entire; section 18, entire except those lands lying 200 feet either
					 side of highway M-107; and sections 19, 30& 31, entire; T51N, R42W. Entire
					 fractional township except those lands lying 200 feet either side of highway
					 M-107; including existing shelters and cabins as nonconforming uses; T51N,
					 R43W. Entire fractional township; including existing shelters and cabins as
					 nonconforming uses; T51N, R44W, Carp Lake township, Ontonagon county. Total
					 area in Ontonagon county: 35,102.62 acres. Total wilderness area, Gogebic and
					 Ontonagon counties combined, 40,808 acres, more or less. See R 322.27.2 for
					 that portion of the Porcupine mountains wilderness area which lies in Gogebic
					 county.
Michigan Administrative Code › Department - Natural Resources › Wildlife Division › Wilderness and Natural Areas › RegulationNo 66 - Ontonagon county › Section R. 322.66.2 - Union Springs scenic site

Current through Vol. 24-12, July 15, 2024
Rule 2. The following described area in the Porcupine
					 mountains wilderness state park is dedicated as a natural area under the
					 designation of the Union Springs scenic site: SW1/4 of NE1/4, SE1/4 of NW1/4,
					 NE1/4 of SW1/4 and NW1/4 of SE1/4, Sec. 20, T51N, R42W, Carp Lake township,
					 Ontonagon county. Total 160 acres.
Michigan Administrative Code › Department - Natural Resources › Wildlife Division › Wilderness and Natural Areas › RegulationNo 70 - Ottawa county › Section R. 322.70.1 - Hoffmaster wild area

Current through Vol. 24-12, July 15, 2024
Rule 1. The following described area in Hoffmaster state
					 park is dedicated as a natural area under the designation of Hoffmaster wild
					 area: T8N, R1 6W: section 6, part of the northwest
					 1/4 described as
					 beginning at the northwest corner of section 6, thence southerly along the west
					 section line to a point 100 feet north of North Shore estates #4 plat, thence
					 easterly 1,600 feet, more or less, to a point that is south 24 degrees east of
					 the point of beginning, thence north 24 degrees west to the point of beginning.
					 T8N, R17W: section 1, entire government lot 1 and that part of government lot 2
					 lying northerly of a line 100 feet north of North Shore estates #4 plat. The
					 total area in Ottawa county is 140 acres, more or less.
Michigan Administrative Code › Department - Natural Resources › Wildlife Division › Wilderness and Natural Areas › RegulationNo 71 - Presque Isle county › Section R. 322.71.1 - Besser natural area

Current through Vol. 24-12, July 15, 2024
Rule 1. The following described area is dedicated as a
					 natural area under the designation of the Besser natural area: Government lots
					 5 and 6, section 13, excepting from said government lot 5 the following 2
					 parcels:
(1) A parcel in northwest
				  corner thereof described as all that part of said lot 5 lying north and west of
				  a line described as follows: Commencing at a point on west line of said lot 5,
				  1,050 feet north of corner common to sections 13, 14, 23 and 24, thence S
				  86o30' east and at right angles to west line of said lot 5, 845.2 feet to
				  westerly line of what is known as the Town Hall lot; N 37o15' east along
				  westerly line of said Town Hall lot and extending 252 feet to meander line or
				  high water line on shore of Lake Huron; said exception containing 11.99 acres,
				  more or less; and (2) a parcel in southwest corner thereof beginning at a point
				  on the section line between sections 13 and 24, 325feet, more or less, east of
				  the section corner common to sections 13, 14, 23 and 24, the same being a point
				  distant at a right angle 240 feet from section line between sections 23 and 24;
				  west along the section line between sections 13 and 24 to common corner to
				  sections 13, 14, 23 and 24; north along the section line between sections 13
				  and 14, 500feet; southeasterly in a direct line to point of beginning, said
				  exception containing 1.87 acres, more or less; government lots 1 and 2, section
				  24, excepting therefrom a parcel of land off the west side thereof bounded by a
				  line beginning at a point on the section line between sections 13 and 24,
				  325feet, more or less, east of corner common to sections 13, 14, 23 and 24,
				  same being a point 240 feet distant at a right angle from the section line
				  between sections 23 and 24; S 39o50' east parallel with the section line
				  between said sections 23 and 24,
				  1, 205feet, more
				  or less; southeasterly along line of a 4o30' curve to the right, 655 feet to
				  the east and west 1/4 line in said section 24, 100feet east of 1/4 stake
				  between sections 23 and 24; west along said 1/4 line 100 feet to 1/4 stake
				  between sections 23 and 24; N 39o50' west along the section line between
				  sections 23 and 24, 2, 013feet to the section corner common to sections 13, 14,
				  23 and 24; east along the section line between sections 13 and 24 to point of
				  beginning; T33N, R8E; containing a total of l33.62 acres, more or
				  less.
Michigan Administrative Code › Department - Natural Resources › Wildlife Division › Wilderness and Natural Areas › RegulationNo 71 - Presque Isle county › Section R. 322.71.2 - Thompson's Harbor natural area

Current through Vol. 24-12, July 15, 2024
Rule 2. The following described area in the Alpena state
					 forest is dedicated as a natural area under the designation of Thompson's
					 Harbor natural area: government lot 2 of section 11; west 1/2 of northeast 1/4,
					 south 1/2 of northwest 1/4, north 1/2 of southwest 1/4 lying northerly of State
					 road, northwest 1/4 of southeast 1/4 lying northerly of State road, government
					 lots 1 and 2 of section 14; T34N, R7E. Total of 260.12 acres.
Michigan Administrative Code › Department - Natural Resources › Wildlife Division › Wilderness and Natural Areas › RegulationNo 72 - Roscommon county › Section R. 322.72.1 - Roscommon red pine nature study area

Current through Vol. 24-12, July 15, 2024
. Rule 1. The following described area is dedicated as a
					 natural area under the designation of the Roscommon red pine nature study area:
					 SE1/4 of Sec. 2, T24N, R1W, in the Houghton Lake state forest, 160
					 acres.
Michigan Administrative Code › Department - State › Administrative Hearings › Procedure for Conducting Hearings › Section R. 11.1 - Definitions

Current through Vol. 24-12, July 15, 2024
Rule 1. The term "secretary of state" as used in these rules
				  shall be deemed to mean:
(a) The
				secretary of state or the deputy secretary of state.
(b) Any employee of the department of state
				charged by law with conducting hearings.
(c) Any employee of the department of state
				authorized by the secretary of state to conduct any hearing or
				hearings.
Michigan Administrative Code › Department - State › Administrative Hearings › Procedure for Conducting Hearings › Section R. 11.2 - Notice of hearing

Current through Vol. 24-12, July 15, 2024
Rule 2. Notification of any hearing before the secretary of
				  state will be by registered mail, and will state the date, time, place, issues
				  involved and reasons for holding said hearing. Such notice will be mailed at
				  least 10 days prior to said hearing. Unless indicated otherwise, all hearings
				  will be held in the office of the secretary of state, State Capitol, Lansing,
				  Michigan.
Michigan Administrative Code › Department - State › Administrative Hearings › Procedure for Conducting Hearings › Section R. 11.4 - Answer; oral statement on charges; written briefs or arguments

Current through Vol. 24-12, July 15, 2024
Rule 4. The person or persons who have been served with a
				  notice of hearing may, at his option, file a written answer thereto prior to
				  the date set for hearing, or at said hearing may appear and present an oral
				  statement on the charges contained in the notice of hearing. When written
				  briefs or arguments are presented, a copy shall be served upon the secretary of
				  state and opposite parties at least 5 days prior to the date set for the
				  hearing.
Michigan Administrative Code › Department - State › Administrative Hearings › Procedure for Conducting Hearings › Section R. 11.5 - Failure to appear at hearing

Current through Vol. 24-12, July 15, 2024
Rule 5. If the person or persons who have been previously
				  served with a notice of hearing fail to appear at a noticed hearing, the
				  secretary of state may proceed with a hearing of the cases brought before him
				  and may, on the evidence presented, make his decision.
Michigan Administrative Code › Department - State › Administrative Hearings › Procedure for Conducting Hearings › Section R. 11.6 - Statement of facts

Current through Vol. 24-12, July 15, 2024
Rule 6. Any person who requests a hearing, shall submit in
				  writing a full and accurate statement of facts upon which his request is made
				  to the secretary of state and to all interested parties and such statement of
				  facts shall be accepted in evidence.
Michigan Administrative Code › Department - State › Administrative Hearings › Procedure for Conducting Hearings › Section R. 11.7 - Adjournment or continuance of hearing

Current through Vol. 24-12, July 15, 2024
Rule 7. No hearing shall be adjourned or continued, except
				  upon order of the secretary of state or his agent conducting the hearing. All
				  motions and requests for an adjournment, or continuance, shall be accompanied
				  by a statement of the reasons therefor. No motion or request for an adjournment
				  or continuance will be considered unless same is filed with the secretary of
				  state at least 5 days prior to the date assigned for the hearing, except that
				  the secretary of state or his agent may accept such request during a hearing or
				  may waive the 5-day notification if proper showing is made that for reasons not
				  within the control of the person or parties making the motion or request, the
				  motion or request could not be filed within such time limit.
Michigan Administrative Code › Department - State › Administrative Hearings › Procedure for Conducting Hearings › Section R. 11.8 - Stipulations

Current through Vol. 24-12, July 15, 2024
Rule 8. The parties to any hearing before the secretary of
				  state, may, by stipulation in writing, filed with the secretary of state, agree
				  upon the facts or any portion of the facts involved in the controversy, which
				  stipulation shall be regarded and used as evidence on the hearing. Parties are
				  requested to thus agree upon the facts whenever practicable.
Michigan Administrative Code › Department - State › Administrative Hearings › Procedure for Conducting Hearings › Section R. 11.9 - Depositions

Current through Vol. 24-12, July 15, 2024
Rule 9. Depositions shall only be taken upon written
				  authority of the secretary of state when it appears to the secretary of state
				  that it is impractical or impossible to otherwise obtain the evidence. Where
				  depositions are permitted, they shall be taken according to the rules for
				  taking depositions in civil cases in the state of Michigan, being Michigan
				  Statutes Annotated, Section 27.854, et seq., with all parties given an
				  opportunity to cross-examine the witness under oath.
Michigan Administrative Code › Department - State › Automotive Related Businesses › Dealer Designation Rules › Section R. 257.21 - Definitions

Current through Vol. 24-12, July 15, 2024
Rule 1.
(1) As used
				in these rules:
(a) "Act" means Act No. 300 of
				the Public Acts of 1949, as amended, being S257.1 et seq. of the Michigan
				Compiled Laws.
(b) "Field office"
				means an office of the secretary of state where a dealer makes application to
				the secretary of state for titles, transfers or secures registration plates,
				and secures a certificate of registration for a vehicle, in the name of the
				transferee.
Michigan Administrative Code › Department - State › Automotive Related Businesses › General Rules › Part 7 - CERTIFICATION OF MECHANICS › Section R. 257.170 - Display of certificate; certification number

Current through Vol. 24-12, July 15, 2024
Rule 70. A certified mechanic shall display, in a
					 conspicuous location in the place of business, a current and valid certificate
					 issued by the administrator. A certified mechanic who works on, inspects and
					 approves, or supervises a repair, shall affix his name and certification
					 number, as assigned by the administrator, to the written statement of repairs
					 given the customer.
Michigan Administrative Code › Department - State › Automotive Related Businesses › Licensing Vehicle Brokers › Section R. 257.181 - Definitions

Current through Vol. 24-12, July 15, 2024
Rule 1.
(1) As used
				in these rules:
(a) "Act" means 1949 PA 300,
				MCL 257.1 et seq.
(b)
				"Administrator" means the secretary of state or any person designated by the
				secretary of state to act in his or her place.
(c) "Broker" means a person who does not
				acquire ownership of a vehicle and who, for a consideration, does or offers to
				do at least 1 of the following with respect to the sale, lease, purchase, or
				exchange of a vehicle of a type required to be registered under the act and
				with respect to which he or she does not have title or other legal interest:
(i) Brings together a buyer and seller or a
				lessee and lessor of a vehicle.
(ii) Negotiates the terms of a
				transaction.
(iii) Shows or
				displays a vehicle. "Broker" does not include a person employed by a licensed
				dealer, while acting within the scope of his or her employment.
Michigan Administrative Code › Department - State › Automotive Related Businesses › Licensing Vehicle Brokers › Section R. 257.182 - Address of administrator

Current through Vol. 24-12, July 15, 2024
Rule 2. The official address of the administrator for
				  delivery and receipt of all mail, telegrams, information, filings,
				  registrations, applications, and other material required by the act or these
				  rules is:
Department of State Bureau of Automotive Regulation Mutual
				  Building - Second Floor 208 N. Capitol Avenue Lansing, Michigan
				  48918-1200
Michigan Administrative Code › Department - State › Automotive Related Businesses › Licensing Vehicle Brokers › Section R. 257.183 - Declaratory rulings

Current through Vol. 24-12, July 15, 2024
Rule 3.
(1) The
				administrator, on written request of an interested person, may issue a
				declaratory ruling as to the applicability to an actual statement of facts of
				the act or these rules upon submission of the following:
(a) A clear and concise statement of the
				actual statement of facts.
(b) If
				the interested person desires, a brief or other reference to legal authorities
				upon which he or she relies for determination of the applicability of the act
				or these rules to the statement of facts.
Michigan Administrative Code › Department - State › Automotive Related Businesses › Licensing Vehicle Brokers › Section R. 257.184 - Brokering by dealers prohibited

Current through Vol. 24-12, July 15, 2024
Rule 4. The following entities shall not be licensed as, or
				  function as, a broker:
(a) New vehicle
				dealer.
(b) Used or secondhand
				vehicle dealer.
(c) Used or
				secondhand vehicle parts dealer.
(d) Vehicle scrap metal processor.
(e) Distressed vehicle transporter.
(f) Foreign salvage vehicle dealer.
(g) Automotive recycler.
Michigan Administrative Code › Department - State › Automotive Related Businesses › Licensing Vehicle Brokers › Section R. 257.186 - Brokering of used vehicles; requirements

Current through Vol. 24-12, July 15, 2024
Rule 6.
(1) In
				brokering the sale or lease of used vehicles, a broker is not required to deal
				through a licensed vehicle dealer.
(2) In a used vehicle transaction where
				neither the buyer, seller, lessee, nor lessor is a licensed vehicle dealer, the
				broker shall apply for title and registration for the vehicle as provided in
				section 217 of the act and shall submit all taxes that are due on the
				transaction.
Michigan Administrative Code › Department - State › Automotive Related Businesses › Licensing Vehicle Brokers › Section R. 257.189 - Broker's fee in writing

Current through Vol. 24-12, July 15, 2024
Rule 9. Before a broker charges or receives a fee, the broker
				  and the person paying the fee shall draw up and sign a written document, and a
				  copy of the document shall be provided at the time of signing to the person
				  paying the fee and a copy retained by the broker. A broker shall ensure that
				  the document clearly sets forth all of the following information:
(a) The amount of the fee.
(b) When, in what manner, and under what
				circumstances the fee is payable.
(c) The amount of any deposit required in
				advance and whether an under what circumstances the deposit or any portion of
				it shall be refunded.
(d) The
				length of time for which the broker's services are contracted.
(e) Any other terms agreed upon by the
				signers.
Michigan Administrative Code › Department - State › Automotive Related Businesses › Licensing Vehicle Brokers › Section R. 257.190 - Records

Current through Vol. 24-12, July 15, 2024
Rule 10.
(1) A
				broker shall maintain for a period of not less than 5 years from their making,
				copies of all purchase or lease agreements, bills of sale, and other papers and
				documents relating to transactions negotiated and fees charged by the
				broker.
(2) Upon the request of the
				administrator, a broker shall submit to the administrator copies of all records
				required by the act or these rules. The administrator shall specify the format
				in which the records shall be submitted, which may be electronic. This subrule
				shall only apply to records of vehicles sold at retail by a licensed dealer
				where a broker is involved in the transaction.
Michigan Administrative Code › Department - State › Automotive Related Businesses › Licensing Vehicle Brokers › Section R. 257.191 - Established place of business; requirements; restriction

Current through Vol. 24-12, July 15, 2024
Rule 11. A broker shall maintain an established place of
				  business, approved by the administrator, at which place the broker shall keep
				  all required books and records, maintain posted business hours, and conduct a
				  large share of his or her business. A broker's established place of business
				  shall not be occupied as the established place of business of another licensed
				  vehicle dealer.
Michigan Administrative Code › Department - State › Automotive Related Businesses › Salvage Vehicle Records › Section R. 257.251 - Definitions

Current through Vol. 24-12, July 15, 2024
Rule 1.
(1) As used
				in these rules, "code" means Act No. 300 of the Public Acts of 1949, as
				amended, being S257.1 et seq. of the Michigan Compiled Laws.
(2) A term defined in the code has the same
				meaning when used in these rules.
Michigan Administrative Code › Department - State › Automotive Related Businesses › Salvage Vehicle Records › Section R. 257.252 - Vehicle salvage pool operator; vehicle scrap metal processor; distressed vehicle transporter; seller of major component parts; record maintenance periods

Current through Vol. 24-12, July 15, 2024
Rule 2.
(1) A person
				who is licensed as a vehicle salvage pool operator shall maintain, for a period
				of not less than 4 years after the disposal of a distressed vehicle, those
				forms, documents, and records which relate to the storage of the
				vehicle.
(2) A person who is
				licensed as a vehicle scrap metal processor shall maintain, for a period of not
				less than 4 years after the disposal of a distressed vehicle, those forms,
				documents, and records which relate to the buying and acquiring of the vehicle
				for the purpose of processing and selling the metal.
(3) A person who is licensed as a distressed
				vehicle transporter shall maintain, for a period of not less than 4 years after
				the disposal of a distressed vehicle, those forms, documents, and records which
				relate to the buying, acquiring, and selling of the distressed
				vehicle.
(4) A person who is
				licensed to sell major component parts of used vehicles shall maintain, for a
				period of not less than 4 years from the time of sale, those forms, documents,
				and records which relate to the sale of used vehicle parts.
Michigan Administrative Code › Department - State › Automotive Related Businesses › Salvage Vehicle Records › Section R. 257.253 - Salvage vehicle disclosure certification

Current through Vol. 24-12, July 15, 2024
Rule 3.
(1) Before
				entering into an agreement of sale, a dealer who sells a late model salvage
				vehicle which has been repaired shall certify to the buyer in writing that the
				vehicle was previously distressed.
(2) The certification may be written or
				printed directly on a document which evidences the agreement or on a separate
				document attached to the agreement.
(3) The certification shall read
				substantially as follows:
Salvage Vehicle Disclosure Certification
The purchaser of this vehicle has been informed by the
				  seller, before entering into an agreement of sale, that the vehicle described
				  below was previously wrecked, destroyed, or damaged to the extent that a
				  previous owner considered the vehicle uneconomical to repair.
_________________________
				  __________________________________________
(Date) (Signature of Purchaser)
_________________________
				  __________________________________________
(Date) (Signature of Seller)
_____________________________________________________________________
_____
(Make) (Model) (Year) (V.I.N.) (Seller's Dealer
				  Number)
Michigan Administrative Code › Department - State › Automotive Related Businesses › Salvage Vehicle Records › Section R. 257.254 - Distressed vehicle sale records; content; maintenance period

Current through Vol. 24-12, July 15, 2024
Rule 4. A dealer shall maintain, in a bound volume, a
				  separate record of each late model distressed vehicle bought, sold, exchanged,
				  accepted, or otherwise acquired by the dealer for the purpose of sale,
				  exchange, wrecking, or storage. The record shall contain, in addition to the
				  information required by the code, the make, model year, and body style of each
				  vehicle for which records are kept. These records shall be maintained by the
				  dealer for a period of not less than 4 years.
Michigan Administrative Code › Department - State › Automotive Related Businesses › Salvage Vehicle Records › Section R. 257.255 - Distressed vehicle transporter license; application information

Current through Vol. 24-12, July 15, 2024
Rule 5.
(1) An
				applicant for a distressed vehicle transporter's license shall submit to the
				secretary of state, in addition to other information required by the code, a
				description of the established place of business to be licensed and the
				following information:
(a) A sketch or
				photograph that accurately depicts the physical dimensions of the established
				place of business.
(b)
				Certification from the appropriate political subdivision that the proposed
				established place of business is in compliance with local zoning
				requirements.
Michigan Administrative Code › Department - State › Automotive Related Businesses › Salvage Vehicle Records › Section R. 257.256 - Vehicle salvage pool operator license; application

Current through Vol. 24-12, July 15, 2024
Rule 6. An applicant for a vehicle salvage pool operator
				  license shall submit to the secretary of state, in addition to the other
				  information required by the code, a description of the established place of
				  business to be licensed and all of the following information:
(a) A sketch or photograph that accurately
				depicts the physical dimensions of the established place of business.
(b) Certification from the appropriate
				political subdivision that the proposed established place of business is in
				compliance with local zoning requirements.
(c) The approximate number of vehicles the
				facility is able to store.
Michigan Administrative Code › Department - State › Automotive Related Businesses › Salvage Vehicle Records › Section R. 257.257 - Vehicle scrap metal processor license; application

Current through Vol. 24-12, July 15, 2024
Rule 7. An applicant for a vehicle scrap metal processor
				  license who purchases a vehicle from an unlicensed person shall submit to the
				  secretary of state, in addition to other information required by the code, a
				  description of the established place of business and all of the following
				  information:
(a) A sketch or
				photograph that accurately depicts the physical dimensions of the established
				place of business.
(b)
				Certification from the appropriate political subdivision that the proposed
				established place of business is in compliance with local zoning
				requirements.
(c) A statement of
				the method of scrap processing to be used at the established place of
				business.
Michigan Administrative Code › Department - State › Driver Licensing › Visual Standards for Motor Vehicle Drivers' Licenses › Section R. 257.1 - Vision examinations

Current through Vol. 24-12, July 15, 2024
Rule 1. A driver's license applicant and a licensed driver
				  examined as required under chapter 3 of Act No. 300 of the Public Acts of 1949,
				  as amended, being SS257.301 to 257.327 of the Michigan Compiled Laws, in order
				  to be licensed shall successfully pass a vision test authorized or administered
				  by the department and meet other requirements of law. Whenever required
				  hereunder, he shall submit a statement of examination on a form prescribed by
				  or acceptable to the department which shall contain the name, address, title,
				  and signature of an ophthalmologist or an optometrist, and the full name,
				  address, date of birth, result of the examination, date of examination, and
				  signature of the applicant.
Michigan Administrative Code › Department - State › Driver Licensing › Visual Standards for Motor Vehicle Drivers' Licenses › Section R. 257.2 - Unrestricted drivers' licenses

Current through Vol. 24-12, July 15, 2024
Rule 2. An unrestricted driver's license may be issued to an
				  applicant or licensee who has visual acuity of 20/40 and a peripheral field of
				  vision of 140 degrees. Visual acuity less than 20/40 to and including 20/50 and
				  a peripheral field of vision of 140 degrees or less to and including 110
				  degrees may be accepted if the applicant or licensee submits a statement of
				  examination on a form prescribed by or acceptable to the department signed by
				  an ophthalmologist or optometrist.
Michigan Administrative Code › Department - State › Driver Licensing › Visual Standards for Motor Vehicle Drivers' Licenses › Section R. 257.3 - Restricted drivers' licenses

Current through Vol. 24-12, July 15, 2024
Rule 3.
(1) A
				restricted driver's license requiring the driver to wear appropriate corrective
				lenses while driving may be issued if corrective lenses are necessary to meet
				any vision requirement.
(2) A
				restricted driver's license permitting daylight driving only may be issued if
				an applicant or licensee submits a statement from an opthalmologist or
				optometrist stating 1 of the following:
(a) He
				has visual acuity less than 20/50 to and including 20/70 with no recognizable
				progressive abnormalities affecting vision.
(b) He has visual acuity less than 20/50 to
				and including 20/60 with recognizable progressive abnormalities affecting
				vision.
Michigan Administrative Code › Department - State › Driver Licensing › Visual Standards for Motor Vehicle Drivers' Licenses › Section R. 257.4 - Denial or suspension of drivers' licenses

Current through Vol. 24-12, July 15, 2024
Rule 4. A driver's license shall be denied or suspended
				  indefinitely if an applicant or licensee has visual acuity less than 20/60 with
				  recognizable progressive abnormalities affecting vision; visual acuity less
				  than 20/70 without recognizable progressive abnormalities affecting vision;
				  visual acuity of 20/100 or less in 1 eye and less than 20/50 in the other; or a
				  peripheral field of vision less than 90 degrees.
Michigan Administrative Code › Department - State › Driver Licensing › Driver License General Rules › Section R. 257.301 - Definitions

Current through Vol. 24-12, July 15, 2024
Rule 1.
(1) As used
				in these rules:
(a) "Abstinence" means to
				refrain completely from consuming any amount of any type of alcoholic beverage
				or controlled substance, except a controlled substance prescribed for the
				petitioner by a licensed health professional.
(b) "Act" means 1949 PA 300, MCL
				257.1.
(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) "Communication equipment" means a
				conference telephone, video conferencing equipment, or other electronic
				device.
(f) "Current substance
				abuse evaluation" means an evaluation that is dated not more than 3 months
				before the date it is received by the department.
(g) "Division" means the driver assessment
				and appeal division, or any subsequent name assigned to the unit responsible
				for administering these rules, of the bureau of regulatory services of the
				department.
(h) "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.
(i)
				"Hearing officer" means a person who is appointed by the secretary of state to
				conduct hearings.
(j) "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.
(k) "Natural resources and
				environmental protection act" means 1994 PA 451, MCL 324.101.
(l) "Party" means either of the following:
(i) A petitioner.
(ii) The arresting police officer or the
				police officer in charge of the case.
(m) "Petitioner" means a person who qualifies
				for a hearing.
(n) "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.
(o) "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.
(p) "Urinalysis drug
				screen" means a chemical analysis of an individual's urine to determine the
				presence of alcohol or controlled substances, or both.
Michigan Administrative Code › Department - State › Driver Licensing › Driver License General Rules › Section R. 257.301a - Definitions

Current through Vol. 24-12, July 15, 2024
Rule 1a. As used in these rules:
(a) "BAIID" means a properly functioning
				breath alcohol ignition interlock device that meets or exceeds the requirements
				of section 625k of the act.
(b)
				"Calibrate" means to test and adjust a BAIID so that it accurately measures
				breath alcohol concentration.
(c)
				"Circumvent" means to do, or attempt to do, any of the following to start a
				vehicle without taking and passing a start-up test:
(i) Use a bogus or filtered breath
				sample.
(ii) Use an electronic
				bypass or override mechanism to start a vehicle.
(iii) Push start or hot wire a
				vehicle.
(iv) Use any other method
				to bypass or override the BAIID to start a vehicle.
Michigan Administrative Code › Department - State › Driver Licensing › Driver License General Rules › Section R. 257.302 - Request for hearing; contents; notice of denial; appearance of attorney

Current through Vol. 24-12, July 15, 2024
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.
Michigan Administrative Code › Department - State › Driver Licensing › Driver License General Rules › Section R. 257.303 - Hearing scheduling; hearing site; notice of hearing; contents; defective notice; accuracy of information on file with division

Current through Vol. 24-12, July 15, 2024
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.
Michigan Administrative Code › Department - State › Driver Licensing › Driver License General Rules › Section R. 257.304 - Hearing conducted with communication equipment

Current through Vol. 24-12, July 15, 2024
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.
Michigan Administrative Code › Department - State › Driver Licensing › Driver License General Rules › Section R. 257.305 - Withdrawal of request for hearing; withdrawal of arresting officer's report

Current through Vol. 24-12, July 15, 2024
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.
Michigan Administrative Code › Department - State › Driver Licensing › Driver License General Rules › Section R. 257.306 - Circuit court appeals; effect

Current through Vol. 24-12, July 15, 2024
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.
Michigan Administrative Code › Department - State › Driver Licensing › Driver License General Rules › Section R. 257.307 - Adjournments

Current through Vol. 24-12, July 15, 2024
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.
Michigan Administrative Code › Department - State › Driver Licensing › Driver License General Rules › Section R. 257.308 - Subpoenas; issuance; service; witness fees; enforcement

Current through Vol. 24-12, July 15, 2024
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.
Michigan Administrative Code › Department - State › Driver Licensing › Driver License General Rules › Section R. 257.309 - Time; effect of failure to appear

Current through Vol. 24-12, July 15, 2024
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.
Michigan Administrative Code › Department - State › Driver Licensing › Driver License General Rules › Section R. 257.310 - Conduct of hearings; witnesses; rules of evidence; official notice; burden of proof

Current through Vol. 24-12, July 15, 2024
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.
Michigan Administrative Code › Department - State › Driver Licensing › Driver License General Rules › Section R. 257.311 - Decorum

Current through Vol. 24-12, July 15, 2024
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.
Michigan Administrative Code › Department - State › Driver Licensing › Driver License General Rules › Section R. 257.312 - Briefs, legal authority, and other writings; filing

Current through Vol. 24-12, July 15, 2024
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.
Michigan Administrative Code › Department - State › Driver Licensing › Driver License General Rules › Section R. 257.313 - Standards for issuance of license

Current through Vol. 24-12, July 15, 2024
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.