257.322 Hearing officer; appointment; powers and duties as to appeals from final determination of secretary of state.

628 words·~3 min read·/mi/chapter-257/257-322

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Sec. 322.

(1)The secretary of state shall appoint a hearing officer to hear appeals from persons aggrieved by a final determination of the secretary of state denying an application for an operator's or chauffeur's license, suspending, restricting, or revoking an operator's or chauffeur's license, or other license action.

(2)The appeal shall be in writing and filed with the secretary of state within 14 days after the final determination. Upon notice of the appeal, the hearing officer shall require production of all documents filed in the matter, together with a transcript of any testimony taken.

(3)In a hearing or matter properly before the hearing officer, he or she may do any of the following:

(a)Issue subpoenas to compel attendance of witnesses.

(b)Issue process to compel attendance.

(c)Punish for contempt any witness failing to appear or testify in the same manner as provided by the rules and practice in the circuit court.

(d)Swear witnesses, administer oaths, and exemplify records in any matter before the officer.

(e)Take additional testimony he or she considers appropriate.

(4)A verbatim record shall be made of the hearing.

(5)After a hearing, the hearing officer may affirm, modify, or set aside a final determination of the secretary of state denying an application for an operator's or chauffeur's license, suspending, restricting, or revoking an operator's or chauffeur's license, or any other license action. The hearing officer shall include his or her findings of fact and conclusions of law in the record.

(6)Except as provided in subsection (7), if a person whose license has been denied or revoked under section 303(2)(c), (d), or

(g)applies for a license or reinstatement of a license after the time period specified in section 303(4) has elapsed, the hearing officer may issue a restricted license to that person, setting restrictions upon operating a vehicle as the hearing officer determines are appropriate. If the hearing officer issues a restricted license following a hearing held after October 1, 1999, he or she shall do both of the following:

(a)Require a properly installed and functioning ignition interlock device 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 issuance of a restricted license upon verification by the secretary of state that an ignition interlock device has been installed.

(7)The hearing officer shall not issue a restricted license under subsection

(6)that would permit the person to operate a commercial motor vehicle that hauls hazardous material.

(8)If the hearing officer issues a restricted license to a person who intends to operate a vehicle owned by his or her employer, the secretary of state shall notify the employer of the employee's license restriction that requires the installation of an ignition interlock device. An employer who receives notice under this subsection is not required to install an ignition interlock device on the employer-owned vehicle. This subsection does not apply to a vehicle that is operated by a self-employed individual who uses the vehicle for both business and personal use.

(9)If the hearing officer issues a restricted license requiring an ignition interlock device, the initial period for requiring the device shall be not less than 1 year.

History: 1949, Act 300, Eff. Sept. 23, 1949 ;-- Am. 1953, Act 215, Eff. Oct. 2, 1953 ;-- Am. 1976, Act 9, Imd. Eff. Feb. 13, 1976 ;-- Am. 1998, Act 340 , Eff. Oct. 1, 1999 ;-- Am. 2001, Act 159 , Imd. Eff. Nov. 6, 2001 ;-- Am. 2008, Act 462 , Eff. Oct. 31, 2010

Transfer of Power: See MCL 16.129.