Michigan Administrative Code
Department - State
Driver Licensing
Driver License General Rules
Section R. 257.301 - Definitions
Universal Citation: MI Admin Code R. 257.301
Current through Vol. 24-16, September 15, 2024
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.
(o) "Substance
abuse evaluation" means a written report regarding the petitioner on a form
prescribed by the department that includes a statement of the testing
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.
Disclaimer: These regulations may not be the most recent version. Michigan may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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