Section 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.