Section 257.301. Definitions.  


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  • 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.

    (2)     A word or term defined in the act has the same meaning  when  used  in these rules.

History: 1992 AACS; 1998-2000 AACS; 2011 AACS.