DEPARTMENT OF STATE  
BUREAU OF REGULATORY SERVICES  
DRIVER LICENSE GENERAL RULES  
(By authority conferred on the secretary of state by sections 204 and 625k of 1949 PA  
300, MCL 257.204 and 257.625k, and section 33 of 1969 PA 306, MCL 24.233)  
R 257.301 Definitions.  
Rule 1. (1) As used in these rules:  
(a) "Abstinence" means to refrain completely from consuming any amount of any  
type of alcoholic beverage or controlled substance, except a controlled substance  
prescribed for the petitioner by a licensed health professional.  
(b) "Act" means 1949 PA 300, MCL 257.1.  
(c) "Administrator" means the secretary of state or an individual designated by  
the secretary of state to act in his or her place.  
(d) "Appeal hearing" means an appeal under section 322 of the act.  
(e) "Communication equipment" means a conference telephone, video  
conferencing equipment, or other electronic device.  
(f) "Current substance abuse evaluation" means an evaluation that is dated not more  
than 3 months before the date it is received by the department.  
(g) "Division" means the driver assessment and appeal division, or any  
subsequent name assigned to the unit responsible for administering these rules, of the  
bureau of regulatory services of the department.  
(h) "Hearing" means an appeal under section 322 of the act or a proceeding under  
section 625f of the act or section 80190, 81140, or 82146 of the natural resources and  
environmental protection act.  
(i) "Hearing officer" means a person who is appointed by the secretary of state to  
conduct hearings.  
(j) "Implied consent hearing" means a proceeding under section 625f of the act or  
section 80190, 81140, or 82146 of the natural resources and environmental  
protection act.  
(k) "Natural resources and environmental protection act" means 1994 PA 451,  
MCL 324.101.  
(l) "Party" means either of the following:  
(i) A petitioner.  
(ii) The arresting police officer or the police officer in charge of the case.  
(m) "Petitioner" means a person who qualifies for a hearing.  
(n) "Structured support program" means specific activities that a substance-  
abusive or substance-dependent individual has incorporated into his or her lifestyle to  
help support his or her continued abstinence from alcohol or controlled substances, or  
both.  
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(o) "Substance abuse evaluation" means a written report regarding the petitioner  
on a form prescribed by the department that includes statement of the testing  
a
instruments used and the test results, if any exist, a complete treatment and support  
group history, diagnoses, prognoses, and relapse histories, including those relapse  
histories that predate the beginning of the most recent treatment program.  
(p) "Urinalysis drug screen" means a chemical analysis of an individual's urine to  
determine the presence of alcohol or controlled substances, or both.  
(2) A word or term defined in the act has the same meaning when used in these  
rules.  
History: 1992 AACS; 1998-2000 AACS; 2011 AACS.  
R 257.301a Definitions.  
Rule 1a. As used in these rules:  
(a) "BAIID" means a properly functioning breath alcohol ignition interlock device  
that meets or exceeds the requirements of section 625k of the act.  
(b) "Calibrate" means to test and adjust a BAIID so that it accurately measures  
breath alcohol concentration.  
(c) "Circumvent" means to do, or attempt to do, any of the following to start a  
vehicle without taking and passing a start-up test:  
(i) Use a bogus or filtered breath sample.  
(ii) Use an electronic bypass or override mechanism to start a vehicle.  
(iii) Push start or hot wire a vehicle.  
(iv) Use any other method to bypass or override the BAIID to start a vehicle.  
(d) "Major violation" means any of the following during a monitoring period if  
the BAIID is a requirement of a restricted license issued under section 322(6) of the  
act:  
(i) A rolling retest violation.  
(ii) The petitioner is issued a permit under section 625g of the act.  
(iii) The petitioner is convicted of violating section 625l of the act.  
(iv) Servicing of the BAIID indicates that the BAIID has been tampered with or  
circumvented or that there was an attempt to tamper with or circumvent the BAIID.  
(v) Three minor violations.  
(vi) A BAIID is removed from a vehicle without an order from the  
department authorizing removal of the BAIID. This subparagraph does not apply if a  
BAIID is installed within 7 days after removal in any vehicle owned or operated by a  
petitioner whose license is restricted.  
(vii) Operating any motor vehicle without a properly installed and functioning  
BAIID.  
(e) "Minor violation" means either of the following during a monitoring period if  
the BAIID is a requirement of a restricted license issued under section 322(6) of the  
act:  
(i) After the BAIID has been installed for at least 2 months, 3 start-up test failures.  
(ii) The petitioner fails to report to the BAIID manufacturer, installer, or service  
provider for monitoring within 7 days after his or her scheduled service date.  
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(f) "Monitoring period" means any period a BAIID is installed in a vehicle or is  
required by any of the following:  
(i) The act.  
(ii) A hearing officer.  
(iii) Any extensions imposed by the department under the act or these rules.  
(g) "Rolling retest violation" means either of the following:  
(i) The BAIID has detected, while the vehicle is in operation, an alcohol content  
identified in section 625k(5)(a)(iii)(B)(II) of the act. This subparagraph does not  
apply if, within 5 minutes of that detection, the person delivers a breath sample that  
the BAIID analyzes as having an alcohol content of less than 0.025 grams per 210 liters  
of breath.  
(ii) The person fails to take a rolling retest when prompted to do so by the BAIID.  
(h) "Service" means all of the following:  
(i) Calibrate a BAIID.  
(ii) Maintain a BAIID.  
(iii) Download data from a BAIID.  
(iv) Inspect a BAIID for evidence of tampering or circumventing.  
(v) Invalidate any override for the BAIID previously provided by the  
manufacturer, installer, or service provider to the driver or on behalf of the driver.  
(i) "Start-up test" means a breath test required to start a vehicle to ensure that the  
driver's breath alcohol content is below the maximum allowable level before the  
BAIID will allow a driver to start a vehicle.  
(j) "Start-up test failure" means the BAIID has prevented the motor vehicle  
from being started after a start-up test. This subdivision does not apply if a passing test  
is provided within 15 minutes of the initial start-up test. Multiple unsuccessful attempts  
at 1 time to start the vehicle shall be treated as 1 start-up test failure under this  
subdivision. Unsuccessful attempts 1 hour or more apart shall be treated as separate  
start-up test failures under this subdivision.  
(k) "Tamper" means to do, or attempt to do, any of the following without  
authorization from the manufacturer, installer, or service provider and the department so  
that a driver can start the vehicle without taking and passing a start-up test:  
(i) Physically alter or disable a BAIID.  
(ii) Disconnect a BAIID from its power source.  
(iii) Remove, alter, or deface physical anti-tampering measures on the BAIID.  
History: 2011 AACS.  
R 257.302  
attorney.  
Rule 2. (1) A request for a hearing shall comply with all of the following  
requirements:  
Request for hearing; contents; notice of denial; appearance of  
(a) Be in writing.  
(b) Include all of the following information with respect to the petitioner:  
(i) Full name.  
(ii) Home and mailing addresses.  
(iii) Telephone number.  
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(iv) Date of birth.  
(v) Driver license number, if known.  
(c) Be filed with the division office in Lansing.  
(d) With respect to an appeal hearing that involves a review of a departmental  
determination which results in a denial or revocation under section 303(1)(d) or (f) or  
(2)(c), (d), or (f) of the act, the division shall not schedule the hearing unless the  
request also includes a current substance abuse evaluation on a form prescribed by the  
department.  
(2) If a petitioner is represented by an attorney at the time a request for a hearing is  
filed, then the request shall include all of the following information with respect to  
the attorney:  
(a) Name.  
(b) P number.  
(c) Business address.  
(d) Telephone number.  
(e) Facsimile machine number, if available.  
(3) A petitioner shall ensure that a request for a hearing that is filed by mail is  
postmarked, or that a request for a hearing that is filed by facsimile machine or  
hand delivery arrives at the division office in Lansing, within 1 of the following time  
periods, as applicable:  
(a) Under section 322 of the act, within 14 days after the final determination  
of the secretary of state.  
(b) Under section 625f of the act, within 14 days after the date of the notice issued  
under section 625e of the act.  
(c) Under the provisions of section 80190, 81140, or 82146 of the natural resources  
and environmental protection act, within 14 days after the date of the notice issued under  
section 80189, 81139, or 82145 of the natural resources and environmental  
protection act.  
(4) If a request for a hearing is denied, then the administrator shall notify the  
petitioner and his or her attorney, if any, in writing, stating the reasons for the denial.  
(5) An attorney shall not represent a party unless a written appearance has been  
filed.  
History: 1992 AACS; 1998-2000 AACS.  
R 257.303  
Hearing scheduling; hearing site; notice of hearing; contents;  
defective notice; accuracy of information on file with division.  
Rule 3. (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.  
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(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.  
R 257.304 Hearing conducted with communication equipment.  
Rule 4. (1) Notwithstanding any other provision of these rules, the  
administrator or the hearing officer may direct that a hearing or a portion of a hearing be  
conducted by means of communication equipment and the hearing may be scheduled  
accordingly.  
(2) For an appeal hearing conducted using communication equipment, before the  
division schedules a hearing, the petitioner shall submit all documentary evidence to be  
considered by the hearing officer to the division office in Lansing. The petitioner shall  
verify, in writing, that all documentary evidence has been submitted to the division  
before the hearing is scheduled. For good cause shown, the hearing officer may permit  
additional evidence to be submitted, but may decline to receive any additional  
evidence at or following the hearing.  
History: 1992 AACS; 1998-2000 AACS.  
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R 257.305 Withdrawal of request for hearing; withdrawal of arresting  
officer's report.  
Rule 5. (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.  
R 257.306 Circuit court appeals; effect.  
Rule 6. (1) If a petitioner appeals to circuit court regarding a matter that has been  
appealed to the division pursuant to the provisions of section 322 of the act, the  
petitioner's appeal before the division shall be deemed withdrawn and the division shall  
not hold a hearing on the matter.  
(2) If the circuit court renders a decision on a matter, the division shall not hold a  
hearing on the same matter until at least 1 year after the date of the circuit court's final  
order, unless the circuit court, administrator, or hearing officer orders otherwise.  
History: 1992 AACS.  
R 257.307 Adjournments.  
Rule 7. (1) After a hearing has been scheduled, it shall only be adjourned by  
order of the administrator or the hearing officer.  
(2) An adjournment shall be granted for any of the following reasons:  
(a) The hearing conflicts with a previously scheduled court appearance of an  
attorney, petitioner, or law enforcement officer.  
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(b) An attorney, petitioner, or law enforcement officer will be out of town or out  
of the state because of a previously scheduled vacation or business trip that cannot be  
canceled or rescheduled without economic loss.  
(c) The death or serious illness of a family member of an attorney, petitioner, or  
law enforcement officer.  
(d) The petitioner is incarcerated.  
(e) An attorney, petitioner, or law enforcement officer is hospitalized.  
(f) Other good cause to be determined by the administrator or hearing officer.  
(3) A request for an adjournment shall be in writing and shall state the reason for  
the request.  
(4) The administrator or hearing officer may require the party who requests an  
adjournment to submit documentary evidence that substantiates the reason for the  
request.  
(5) The party who requests an adjournment shall file the request with the  
division office in Lansing, unless otherwise indicated in the notice of hearing.  
(6) A request for adjournment shall be received not less than 2 business days  
before a hearing. If a request is received within 2 business days before a hearing, the  
request may be summarily denied. The hearing officer or administrator may grant an  
adjournment at any time, including the day of the hearing.  
(7) A party shall not consider a hearing adjourned until the administrator or  
the hearing officer notifies the party that the hearing is adjourned.  
History: 1992 AACS.  
R 257.308 Subpoenas; issuance; service; witness fees; enforcement.  
Rule 8. (1) Upon the written request of a party, the hearing officer  
or  
administrator may sign and issue a subpoena on a form prescribed by the department.  
(2) The responsibility for serving the subpoena, determining expert witness  
fees, paying witness fees, and enforcing the subpoena shall be solely that of the party  
who requests the subpoena.  
(3) To enforce a subpoena, a party on whose behalf it was issued may file a  
petition for an order requiring compliance in the circuit court for the county in which  
the hearing is scheduled to be held.  
History: 1992 AACS.  
R 257.309 Time; effect of failure to appear.  
Rule 9. (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:  
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(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.  
R 257.310 Conduct of hearings; witnesses; rules of evidence; official notice;  
burden of proof.  
Rule 10. (1) A hearing is open to the public unless the hearing officer orders  
otherwise.  
(2) The hearing officer may call or recall witnesses and question witnesses regarding  
any matter pertinent to the case.  
(3) The hearing officer has an affirmative duty to assist a party appearing at a  
hearing who is not represented by an attorney in presenting a case to properly develop a  
complete record. To fulfill the duty, the hearing officer may question witnesses or assist  
with the introduction of documents into evidence, or both.  
(4) A hearing officer shall follow the rules of evidence as applied in circuit court  
so far as practicable, but the hearing officer may admit, and give probative value to,  
evidence of a type that is commonly relied upon by reasonably prudent persons in the  
conduct of their affairs.  
(5) A hearing officer may exclude irrelevant, immaterial, or unduly repetitious  
evidence.  
(6) The hearing officer may require or allow a party to present additional evidence  
on an issue within a specified period of time.  
(7) A hearing officer may take official notice of facts and may take notice of  
general, technical, or scientific facts  
knowledge.  
within  
the  
department's specialized  
(8) The petitioner shall have the burden of proof at an appeal hearing and on an  
affirmative defense at an implied consent hearing.  
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(9) The police officer party shall have the burden of proof at an implied consent  
hearing, except as provided in subrule (8) of this rule.  
(10) Unless otherwise provided in the act or these rules, the standard of proof at a  
hearing is a preponderance of the evidence.  
(11) At the written request of a petitioner, and with the approval of the  
administrator, the division may conduct an appeal hearing through a review of written  
proofs submitted by the petitioner. The petitioner need not be present for a review of  
written proofs.  
(12) Except for implied consent hearings and appeal hearings involving a review  
of a determination of the department that results in a denial or revocation under  
section 303(1)(d),(e), or (f) or (2)(c), (d), (e), or (f) of the act, a hearing officer shall limit  
a hearing to a review of the record.  
History: 1998-2000 AACS.  
R 257.311 Decorum.  
Rule 11. (1) A person who appears at a hearing shall conform to the standard of  
conduct that is required of a person who appears before a  
court of this state.  
(2) A person who does not conform to the standard of conduct prescribed in subrule  
(1) of this rule may be excluded from the hearing by the hearing officer or the  
hearing officer may adjourn the hearing if necessary to avoid undue disruption of  
the proceedings.  
History: 1992 AACS.  
R 257.312 Briefs, legal authority, and other writings; filing.  
Rule 12. (1) A hearing officer may require or allow the filing, and place a reasonable  
limitation on the length, of briefs, legal authority, or other writings.  
(2) The proponent of an issue shall file the initial brief or other writing with the  
hearing officer and the opposing party, if any.  
(3) A hearing officer shall give the opposing party a reasonable opportunity  
to file a responsive brief or other writing.  
(4) A person shall file a brief or other writing within the time limits indicated by  
the hearing officer, except when the hearing officer determines that there is good cause  
to grant an extension.  
History: 1992 AACS; 1998-2000 AACS.  
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 under section  
303(1)(d), (e), or (f) or (2)(c), (d), (e), or (f) 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 proves, by clear and convincing evidence, all 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 risk of the petitioner repeating his or her past abusive behavior is a  
low or minimal risk.  
(iii) That the risk of the petitioner 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 or repeating any other  
offense listed in section 303(1)(d), (e), or (f) or  
(2)(c), (d), (e), or (f) of the act is a low or minimal risk.  
(iv) That the petitioner has the ability and motivation to drive safely and within the  
law.  
(v) Other showings that 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  
controlled substances prescribed by a licensed health care professional, for a period  
of not less than 6 consecutive months or has abstained for a period of not less than  
12 consecutive months if the evidence considered at the hearing establishes that a longer  
period of abstinence is necessary. The evidence may include any of the following:  
(i) That the petitioner has ever submitted to a chemical test which revealed a  
bodily alcohol content that is not less than 2 times the level indicated in section  
625a(9)(c) of the act.  
(ii) That the petitioner has 3 or more convictions for 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 a relapse by using, on at  
least 1 occasion, alcohol or a controlled substance, or both, except for a controlled  
substance prescribed for the petitioner by a licensed health professional.  
(iv) That a substance abuse evaluation of the petitioner reveals a diagnosis of  
past or present alcohol or controlled substance dependency.  
(v) That the petitioner's license was previously revoked or denied under section  
303 of the act because of alcohol or controlled substance convictions.  
(vi) Other showings that are relevant to the issues identified in paragraphs (i)  
to (v) of this subdivision.  
(c) If the hearing officer determines, under subdivision (b) of this subrule, that  
the petitioner must prove complete abstinence for a period of more than 6 months, then  
the hearing officer shall explain the reasons for the determination 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 behavior with respect to  
alcohol and controlled substances.  
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(e) The hearing officer may require the petitioner to present a current urinalysis  
drug screen to corroborate the presence or absence of controlled substances or alcohol,  
or both, in the petitioner's body.  
(f) The hearing officer may require that the petitioner submit a current substance  
abuse evaluation on a form prescribed by the department.  
(g) The petitioner may submit any or all of the following:  
(i) Letters from other persons that document his or her behavior regarding alcohol  
and controlled substances.  
(ii) Proof of his or her past and current involvement with a treatment program or  
programs.  
(iii) Proof of his or her past and current structured support program.  
(iv) Other relevant evidence.  
(h) If the hearing officer concludes that the petitioner has met the requirements  
of this subrule, then the hearing officer may order a restricted license for a period of time  
to be determined by the hearing officer before consideration for an unrestricted license.  
This subdivision does not apply if the petitioner is a nonresident seeking relief so that he  
or she may apply for a license in his or her home state.  
(2) If a petitioner's application for a license has been denied, or if his or her license  
has been revoked, under section 303(1)(e), (g), (h), (i), (j), or (k) or (2)(a), (b), or (e) or  
320(2) of the act, then the hearing officer shall not order that a license be issued to the  
petitioner unless the petitioner proves both of the following by clear and convincing  
evidence:  
(a) That the petitioner has the ability and motivation to drive safely and within the  
law.  
(b) Other showings that are relevant to the issue identified in subdivision  
(a) of this subrule.  
(3) If a person's license has been revoked under section 320(2) of the act, then the  
department shall not issue a license 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) Other showings that are relevant to the issue identified in subdivision  
(a) of this subrule.  
History: 1992 AACS; 1998-2000 AACS.  
R 257.313a Breath alcohol ignition interlock devices (BAIID).  
Rule 13a. (1) If a person whose license was denied or revoked under section  
303(2)(c) or (g) of the act, or denied or revoked under section 303(2)(d) of the act for  
1 conviction for a violation or attempted violation of section 625(4) or 625(5), or any  
prior or subsequent enactment of those provisions, whether under a law of this  
state, a local ordinance substantially corresponding to a law of this state, or a law of  
another state substantially corresponding to a law of this state, was granted a restricted  
license on or before October 1, 1999, and the hearing officer continues the restricted  
license following a hearing held after October 1, 1999, then the hearing officer may do  
both of the following:  
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(a) Require the installation of a BAIID on each motor vehicle the person owns or  
intends to operate, the costs of which shall be borne by the person whose license is  
restricted.  
(b) Condition the issuance of the continued restricted license upon verification  
by the department that a BAIID has been installed.  
(2) A restricted license permitted under section 319(8)(g) of the act shall not be  
issued until proof of the installation of the BAIID required under section 319(8)(h) of  
the act is provided to the department.  
(3) The minimum period required by section 322(9) of the act begins when both of  
the following have occurred:  
(a) The petitioner provides verification to the department that a BAIID has been  
installed.  
(b) The department issues a valid restricted license to the petitioner.  
(4) If a restricted license issued under section 322(6) of the act requiring a  
BAIID is interrupted, the hearing officer may aggregate the periods of time that a  
restricted license which included a BAIID requirement was actually operative to  
determine whether the minimum period required by section 322(9) of the act has been  
met.  
(5) The manufacturer, installer, or service provider shall service an installed  
BAIID not less than once every 60 days.  
(6) The manufacturer, installer, or service provider of a BAIID shall submit a  
report to the department if any of the following occur:  
(a) Servicing of the BAIID indicates that the person has committed a major or  
minor violation as defined in Rule 1a.  
(b) Servicing of the BAIID indicates that the person whose license is restricted  
under section 319(8)(g) of the act operated or attempted to operate the vehicle with a  
blood alcohol level of 0.025 grams per 210 liters of breath or higher. For the purposes  
of this subdivision, a person is presumed to have operated with a blood alcohol level  
of 0.025 grams per 210 liters of breath or higher if the person fails to take any retest  
prompted by the BAIID. This subdivision does not apply if either of the following  
occurs:  
(i) For a start-up test, a start-up test failure occurs within the first 2 months after  
installation of the BAIID, or if within 15 minutes of that detection the person delivers  
a breath sample that the BAIID analyzes as having an alcohol content of less than  
0.025 grams per 210 liters of breath.  
(ii) For any retest prompted by the BAIID, within 5 minutes of that detection  
the person delivers a breath sample that the BAIID analyzes as having an alcohol  
content of less than 0.025 grams per 210 liters of breath.  
(c) A driver causes a manufacturer, installer, or service provider to remove a  
BAIID without a written order from the department authorizing the removal. This  
subdivision does not apply if a BAIID is installed within 7 days after removal in any  
vehicle owned or operated by a driver whose license is restricted.  
(7) A report shall be submitted to the department not later than 5 business days  
after an event listed under subrule (6) of this rule occurs or becomes known to the  
manufacturer, installer, or service provider. The manufacturer, installer, or service  
provider may also submit a written report to the department of any other activity that may  
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violate these rules or a restricted license requiring use of a BAIID issued by the  
department under section 322 or 319 of the act.  
(8) A manufacturer, installer, or service provider shall submit a report required by  
subrule (6) of this rule on a form and in a manner prescribed by the department and at  
the same time shall provide a copy of the report to the person for whom a report is  
required by subrule (6) of this rule.  
(9) A report required under subrule (6) of this rule shall include the following  
information:  
(a) All major and minor violations revealed by the servicing of the BAIID since the  
BAIID was installed or since the last servicing, whichever is later.  
(b) Unless subrule (6)(b)(i) or (ii) of this rule applies, all instances where the  
BAIID has recorded a blood alcohol level of 0.025 grams per 210 liters of breath or  
higher.  
(c) All dates of BAIID installation and removal.  
(d) Any relevant documentation and BAIID logs that support the event(s)  
indicated in the report, including BAIID logs from the day before and the day after the  
indicated event(s).  
(e) Any other information required by the department.  
(10) A report required under subrule (6) of this rule shall not be rescinded by a  
manufacturer, installer, or service provider.  
(11) If a major violation is reported to the department, then all of the following  
provisions apply:  
(a) The department shall reinstate the original revocation or denial, or both, under  
section 303 of the act and shall give not less than 5 days' written notice to the  
petitioner.  
(b) If a written request for a hearing is filed within 14 days after the reinstatement  
under subdivision (a) of this subrule, then the department shall schedule a hearing.  
(c) At a hearing scheduled under this subrule, the petitioner has the burden of  
establishing that the reinstated section 303 revocation or denial, or both, should be set  
aside or modified.  
(12) If a minor violation is reported to the department, then the department  
shall extend the period of time before another hearing may be held by 3 months and shall  
extend the minimum period of time for the BAIID requirement by 3 months.  
(13) After the minimum monitoring period defined in Rule 1a, all of the following  
provisions apply:  
(a) If a restricted license was issued under subrule (2) of this rule, the department  
may order the removal of the BAIID only after receipt of verification from the  
manufacturer, installer, or service provider that the person subject to using a BAIID has  
operated the vehicle with no instances of reaching a blood alcohol level of 0.025 grams  
per 210 liters of breath or higher. The person does not have an instance of reaching a  
blood alcohol level of 0.025 grams per 210 liters of breath or higher if either of the  
following occurs:  
(i) Within 15 minutes of that detection on a start-up test the person delivers a  
breath sample that the BAIID analyzes as having an alcohol level of less than 0.025  
grams per 210 liters of breath.  
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(ii) Within 5 minutes of that detection on any retest prompted by the BAIID the  
person delivers a breath sample that the BAIID analyzes as having an alcohol level of  
less than 0.025 grams per 210 liters of breath.  
(b) The department may order the removal of the BAIID if the only instances  
of reaching a blood alcohol level of 0.025 grams per 210 liters of breath or higher  
occurred within the first 2 months after the BAIID was installed.  
(c) The person subject to using a BAIID shall obtain a BAIID report from every  
manufacturer, installer, or service provider with which that person has had a BAIID  
installed.  
(d) Upon the request of a person subject to using a BAIID, the manufacturer,  
installer, or service provider shall prepare and submit a BAIID report to the department  
within 5 business days of the request on a form and in a manner prescribed by the  
department.  
(e) As directed by the department, the person subject to using a BAIID shall  
submit the report required under this subrule to the department.  
(f) A person subject to using a BAIID may be required to prove that he or she had  
the BAIID for the minimum time period required by the act.  
(14) Notwithstanding subrule (13) of this rule, at the conclusion of each 12-month  
period that a person has a BAIID installed in a vehicle, and anytime a person subject to  
using a BAIID causes a BAIID to be removed, the manufacturer, installer, or  
service provider shall prepare and submit to the department a report on a form and in a  
manner prescribed by the department, and shall provide a copy of the report to the  
person subject to using a BAIID.  
(15) At the request of the department, a manufacturer, installer, or service  
provider shall provide any information and documentation relevant to the department's  
monitoring of a person using a BAIID.  
(16) A manufacturer, installer, or service provider shall not provide overrides or  
override instructions to a person using a BAIID, or to someone on behalf of the person  
using a BAIID, unless such override is permitted by the national highway traffic safety  
administration's model specifications for BAIID, 57 Fed Reg 11772 (April 7, 1992), or  
authorized by the department.  
(a) If an override or override instruction is provided to a person using a BAIID or to  
someone on behalf of the person using a BAIID, the manufacturer, installer, or service  
provider shall service the BAIID within 24 hours and submit a report to the department  
on a form and in a manner prescribed by the  
department within 1 business day of the service.  
(b) If the BAIID is installed in a vehicle that becomes inoperable or otherwise  
unable to be serviced beyond 24 hours, the manufacturer, installer, or service provider  
shall service the BAIID within 24 hours of the vehicle's return to operation.  
(17) The department shall inform a BAIID manufacturer, installer, or service  
provider when an order authorizing removal of a BAIID is issued. This subrule does  
not apply unless the manufacturer, installer, or service provider requests, in a manner  
prescribed by the department, to be informed when a BAIID removal authorization  
order is issued.  
(18) Unless otherwise provided in the act or these rules, this rule applies to any  
BAIID the department is required to monitor under the act.  
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History: 1998-2000 AACS; 2011 AACS.  
R 257.314 Recording hearings; transcript or electronic recording medium  
request; fee; erasing or reprocessing electronic recording medium.  
Rule 14. (1) The hearing officer shall electronically, stenographically, or otherwise  
record a hearing, as determined by the hearing officer or the administrator.  
(2) Any person may make a request for a transcript, a partial transcript, or a copy of  
a recording medium. A person shall make a request in writing and file it with the  
division office in Lansing within 63 days after the date of the hearing officer's decision or  
within 182 days after the date of the hearing officer's decision if the court extends the  
period for filing a petition for review of the determination under section 323(1) of the  
act.  
(3) A request filed under subrule (2) of this rule shall include all of the following  
information:  
(a) The hearing date and location.  
(b) The petitioner's full name, birth date, and, if known, driver license number.  
(c) The case number assigned to the matter by the division.  
(4) The department shall charge a fee to a person who files a request under subrule  
(2) of this rule. The administrator shall determine the fee.  
(5) The administrator or hearing officer may erase or otherwise reprocess the  
electronic recording medium if a transcript request is not received by the division office  
in Lansing within the period prescribed in subrule (2) of this rule.  
(6) If the division is unable to provide a transcript due to a defective recording or  
loss or destruction of the recording medium, then the parties and the hearing officer  
may stipulate to facts, issues, or conclusions of law or a party may request another  
hearing on the same matter.  
History: 1992 AACS; 1998-2000 AACS.  
R 257.315 Reconsideration; rehearing.  
Rule 15. (1) On written motion of a party, reconsideration of a matter or a  
rehearing may be granted by the administrator or the hearing officer for any of the  
following reasons:  
(a) Newly discovered, material evidence that could not, with reasonable diligence,  
have been discovered before the hearing and produced at that time.  
(b) An error of law that occurs at the hearing.  
(c) A material mistake of fact by the hearing officer.  
(2) A motion for reconsideration or rehearing shall be filed with the division  
office in Lansing and served on the opposing party, if any, within 21 days after the  
date of the hearing officer's decision.  
History: 1992 AACS.  
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R 257.316 Rescission.  
Rule 16. R 257.31 to R 257.39 of the Michigan Administrative Code,  
appearing on pages 729 to 731 of the 1979 Michigan Administrative Code, are  
rescinded.  
History: 1992 AACS.  
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;