Mich. Admin. Code 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deemed to be withdrawn.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.
Notes
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