Section 257.305. Withdrawal of request for hearing; withdrawal of arresting officer's report.

(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.

History: 1992 AACS; 1998-2000 AACS.