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.

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