1.44License Denial

MCL 257.303(1) lists conditions that require the secretary of state to deny issuance of an operator’s license. Although most of the enumerated circumstances are outside the scope of this benchbook, a person’s application for a license must be denied if the individual’s “license is suspended, revoked, denied, or canceled in any state. If the suspension, revocation, denial, or cancellation is not from the jurisdiction that issued the last license to the individual, the secretary of state may issue a license after the expiration of 5 years from the effective date of the most recent suspension, revocation, denial, or cancellation.” MCL 257.303(1)(c). See also MCL 257.303(2) (“[o]n receiving the appropriate records of conviction, the secretary of state shall . . . deny issuance of an operator’s . . . license”) In addition, certain individuals with certain enumerated convictions, juvenile dispositions, or civil infraction determinations must also be denied an operator’s license. See MCL 257.303(1)(g); MCL 257.303(1)(j)-(k).

Generally,¹ the secretary of state must not issue a license to an individual whose license was denied under MCL 257.303(2) “until all of the following occur, as applicable:

(a) The later of the following

(i) The expiration of not less than 1 year after the license was . . . denied.

(ii) The expiration of not less than 5 years after the date of a subsequent revocation or denial occurring within 7 years after the date of any prior revocation or denial.

(b) For a denial under [MCL 257.303(2)(a), MCL 257.303(2)(b), MCL 257.303(2)(c), and MCL 257.303(2)(g)], the individual rebuts by clear and convincing evidence the presumption that results from the prima facie evidence that he or she is a habitual offender. The convictions that resulted in the revocation and denial constitute prima facie evidence that he or she is a habitual offender.

(c) The individual meets the requirements of the department.” MCL 257.303(4).

“Multiple convictions or civil infraction determinations that result from the same incident must be treated as a single violation for purposes of [license] denial[.]” MCL 257.303(6).