Section 257.303. Hearing scheduling; hearing site; notice of hearing; contents; defective notice; accuracy of information on file with division.

(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.

(6)   A notice of hearing shall include all of the following information:

(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.

(7)  If proper notice is not provided, the hearing officer or administrator may adjourn the hearing and reschedule the hearing, unless rescheduling is waived in writing by the parties.

(8)   Each petitioner, police officer, and attorney shall ensure that his or her address and daytime telephone number that are on file with the division are correct and shall immediately notify the division of a change of address or telephone number that occurs during the course of the proceeding.

(9)   After an appeal hearing has been held and the hearing officer has issued a final order, the division shall not hold another hearing on the same matter until at least 1 year from the date of  the   hearing,  unless   the administrator or hearing officer provides otherwise.

History: 1992 AACS; 1998-2000 AACS.