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R 257.313 STANDARDS FOR ISSUANCE
OF LICENSE -
Rule 13
(1) With respect to an appeal hearing that involves a
review of a determination of the department which
results in a denial or revocation pursuant to the
provisions of section 303(1)(d) or (e) or
(2)(c), (d), or (e) of the act, all of the following
provisions apply:
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(a) The hearing officer shall not order that a license
be issued to the petitioner unless the petitioner rebuts
the presumption established by section 303 of the act by
clear and convincing evidence. Evidence relevant to such
a rebuttal includes any of the following: |
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(i) That the petitioner's alcohol or substance abuse
problems, if any, are under control and likely to remain
under control.
(ii)
That the petitioner represents a low or minimal risk
of repeating his or her past abusive behaviors.
(iii)
That the petitioner represents a low or minimal risk
of repeating the act of operating a motor vehicle
while impaired by, or under the influence of, alcohol
or controlled substances or a combination of alcohol
and a controlled substance.
(iv)
That the petitioner has the ability and motivation to
drive safely and within the law.
(v)
Such other showings as are relevant to the issues
identified in paragraphs
(i) to (iv) of this
subdivision. |
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(b) Before ordering that a license be issued to the
petitioner, the hearing officer shall require that the
petitioner prove, by clear and convincing evidence, that
he or she has completely abstained from the use of
alcohol and controlled substances, except for those
controlled substances prescribed by a licensed health
care professional, for not less than 6 consecutive
months, unless the evidence considered at the hearing
establishes that a longer period of abstinence is
necessary. Such evidence includes any of the following:
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(i) That the petitioner has ever submitted to a chemical
test that revealed a blood alcohol content of 0.20% or
more by weight of alcohol.
(ii) That the petitioner has 3 or more convictions of
alcohol or controlled substance-related offenses.
(iii) That the petitioner has attempted to bring his or
her alcohol or controlled substance abuse problems, if
any, under control, but suffered relapses.
(iv) That an alcohol or substance abuse evaluation of
the petitioner reveals a diagnosis of alcohol or
controlled substance abuse or dependency.
(v) Such other showings as are relevant to the issues
identified in paragraphs (i) to (iv) of this
subdivision.
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(c) If the hearing officer determines, pursuant to the
provisions of subdivision (b) of this subrule, that the
petitioner must prove a period of complete abstinence
longer than 6 months, the reasons for that determination
shall be explained in the written order issued by the
hearing officer.
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(d) The hearing officer may require that the petitioner
present evidence from not less than 3 independent
sources to corroborate the petitioner's contentions of
abstinence.
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(e) The hearing officer may require that the petitioner
submit a current alcohol or substance abuse evaluation
on a form prescribed by the department.
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(f) The petitioner may submit any or all of the
following:
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(i) Letters from other persons that document his or her
sobriety.
(ii) Proof of his or her involvement with a treatment
program or programs.
(iii) Proof of his or her attendance at support group
meetings.
(iv) Other relevant evidence.
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(3) If a petitioner's application for a license has been
denied, or if his or her license has been revoked,
pursuant to the provisions of section 303(1)(h) or (i)
or (2)(a) or (b) or 320(2) of the act, the hearing
officer shall not order that a license be issued to the
petitioner unless the petitioner rebuts the presumption
established by section 303 of the act by clear and
convincing evidence. Evidence relevant to such a
rebuttal includes both of the following:
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(a) That the petitioner has the ability and motivation
to drive safely and within the law.
(b) Such other showings as are relevant to the issue
identified in subdivision (a) of this subrule.
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(4) If a person's license has been revoked pursuant to
the provisions of section 320(2) of the act, the bureau
of driver improvement of the department shall not
recommend that a license be issued to the person unless
the person establishes both of the following:
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(a) That the person has the ability and motivation to
drive safely and within the law.
(b) Such other showings as are relevant to the issue
identified in subdivision (a) of this subrule.
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Do not hesitate to
contact the office of Paul J. Tafelski at 248-451-2200
or email us at
ptafelski@michigandefenselaw.com.
License
Restoration Resources
Approved bail bondsmen for Oakland County, Michigan
Approved bail bondsmen for Macomb County, Michigan
Resources for Driver Improvement in Michigan
For the fastest response at night and on weekends please
email me. I check my Blackberry frequently and will
respond as soon as I see your message. |