Section 257.309. Time; effect of failure to appear.

(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(a)  The petitioner's hearing request is deemed to be withdrawn.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.

History: 1998-2000 AACS.