Section R. 792.10702 - Petition to dissolve suspension order; hearing; recordRule 702.
(1) A person whose license or registration has been summarily suspended shall petition for dissolution of the order before seeking judicial review. Upon receiving a petition the bureau shall immediately request an expedited hearing before an administrative law judge.(2) Prior to the date of the scheduled hearing, the parties may file with the administrative law judge a written stipulation to dissolve the order of summary suspension, based on their stated agreement that the public health, safety or welfare does not require emergency action and continuation of the summary suspension. If such a stipulation is filed, the administrative law judge may enter an order dissolving the order of summary suspension and cancel the emergency hearing.(3) Immediately after the hearing on the petition, the administrative law judge shall issue a written order granting or denying the requested relief.(4) The administrative law judge shall grant the relief unless he or she finds that sufficient evidence has been produced to support a finding that the public health, safety, or welfare requires emergency action and a continuation of the suspension order.(5) If the licensee or registrant fails to appear at the emergency hearing, the administrative law judge shall find that the public health, safety, or welfare requires emergency action and continue the order of summary suspension.(6) The record created at the hearing shall become a part of the record at any subsequent hearing in the contested case.Mich. Admin. Code R. 792.10702
2015 MR 1, Eff. Jan. 15, 2015