R 257.1709 Withdrawal of instructor approval.
Rule 9. The department shall withdraw an individual's approval to
motorcycle safety education in either of the following situations:
teach
(a) Notification is received from the secretary of state that an approved
instructor has accumulated 7 or more points within
traffic violations.
a
1-year period for moving
(b) The individual does not meet the requirements set forth in R 257.1708.
History: 1989 AACS.
R 257.1710 Prehearing conference.
Rule 10. (1) Before withdrawing an instructor's approval to teach motorcycle
safety education, the department shall cause a copy of the written charges and a
notice of opportunity to show compliance to be served upon the instructor.
(2) Within 20 days of service of a copy of the charges and notice of opportunity
to show compliance, the instructor may request a prehearing conference to show
compliance. The prehearing conference shall
representative of the department.
be conducted by an authorized
(3) After the prehearing conference, the department shall take 1 of the following
actions:
(a) Make a finding of compliance.
(b) Enter into a written settlement of the matter with the instructor without a
hearing.
(c) Direct issuance of a hearing notice.
History: 1989 AACS.
R 257.1711 Notice of hearing; amendment of charges; hearing; failure to
attend hearing; settlement.
Rule 11. (1) Within 30 days after service of the notice of opportunity to show
compliance, a notice of hearing and a copy of the written charges shall be served upon
the instructor if he or she has not requested a prehearing conference.
(2) After a prehearing conference and a decision by the department to proceed to
hearing, a notice of hearing and a copy of the written charges shall be served upon the
instructor within 10 days.
(3) A hearing shall be conducted by a hearing officer designated by the board and
shall be conducted in compliance with the provisions of sections 71 to 87 of Act No. 306
of the Public Acts of 1969, as amended, being SS24.271 to 24.287 of the Michigan
Compiled Laws.
(4) If the instructor fails to attend the hearing, the hearing may proceed and a
decision may be made in the absence of the instructor.
(5) The instructor and the department may agree, in writing, to a settlement of
the matter without a hearing.
History: 1989 AACS.
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