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:

	(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:
		(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.
	(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:
		(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.
	(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.
	(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.
	(e) The hearing officer may require that the petitioner submit a current alcohol or substance abuse evaluation on a form prescribed by the department.
	(f) The petitioner may submit any or all of the following:
		(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.
(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:
	(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.
(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:
	(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.

Do not hesitate to contact the office of Paul J. Tafelski at 248-451-2200 or email us at ptafelski@michigandefenselaw.com.

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