Michigan Administrative Code — Department of State Police

Michigan Commission on Law Enforcement Standards (MCOLES) Michigan Commission on Law Enforcement Standards (MCOLES)

R 18.14901 to R 18.14910 Justice Training Fund Programs

Mich. Admin. Code R 18.14901 Definitions {#sec-r-18.14901 omnilex-key=us-mi-regs-official--dept-state-police--R 18.14901}

DEPARTMENT OF STATE POLICE

MICHIGAN COMMISSION ON LAW ENFORCEMENT STANDARDS

JUSTICE TRAINING FUND PROGRAMS

(By authority conferred on the Michigan Commission on Law Enforcement Standards by section 3 of 1982 PA 302, by section 9 of 1965 PA 380, and by Executive Reorganization Order 2001-2, MCL 18.423, 16.109, and 28.621.)

Rule 901. (1) As used in these rules:

(a) "Act" means 1982 PA 302, MCL 18.421.

(b) "Commission" means the Michigan commission on law enforcement standards.

(c) "Equipment" means an item of personal property of major value as established by the commission, which has a useful life of more than 1 year, which is used in direct in-service criminal justice training, and which is not a fixed part of a building or structure.

(d) "Officer cutoff" means the number of Michigan commission on law enforcement standards licensed full-time equated officers established by the commission, below which an eligible entity shall receive the minimum distribution under the provisions of section 3(a) of the act.

(2) "Distribution" as used in section 3(a) of the act and these rules, means the 2 semiannual payments made from the fund to eligible entities.

(3) Terms defined in the act have the same meanings when used in these rules.

History

• History: 2006 AACS.

Mich. Admin. Code R 18.14902 Distribution of 60% of fund {#sec-r-18.14902 omnilex-key=us-mi-regs-official--dept-state-police--R 18.14902}

Rule 902. (1) The commission shall make distributions of 60% of the fund based upon the amount in the fund as of March 31 and September 30.

(2) The commission shall conduct an annual registration of MCOLES licensed law enforcement officers to determine the per capita basis for the distribution. The registration shall include each eligible entity designated in section 3(a) of the act. Each eligible entity shall verify the identity and status of each licensed officer and report the number of paid hours actually worked by each full-timeand part-time commission licensed officer during the eligible entity's most recent complete calendar year. The verification of employed commission licensed officers shall be made on a form or in a manner prescribed by the commission and completed by the published due date. An eligible entity that does not comply with the submission requirements of this rule shall not be eligible for funding for the pending distribution year.

(3) Payments shall be determined in the following manner:

(a) Payments to eligible entities receiving a minimum distribution shall be calculated first and deducted from the available revenue.

(b) Payments to eligible entities receiving a per capita distribution shall be calculated from the balance of the 60% funds using the total number of FTEs from the eligible entities as determined under the provisions of section 3(a) of the act.

(4) The eligible entity shall affirmatively verify on the application compliance with the provisions of the act and rules, including the prohibition against supplanting. The commission may deny 1 or both payments to an eligible entity during a distribution year based upon the eligible entity's compliance with the provisions of section 3(a) of the act and these rules.

History

• History: 2006 AACS.

Mich. Admin. Code R 18.14903 Law enforcement distribution funds; restrictions {#sec-r-18.14903 omnilex-key=us-mi-regs-official--dept-state-police--R 18.14903}

Rule 903. Funds distributed under the authority of section 3(a) of the act shall be expended only for direct costs of in-service criminal justice training of commission licensed law enforcement officers. Only the following expenses are allowable, unless otherwise restricted by the commission:

(a) The hourly salaries of instructors for the actual time spent preparing and presenting training, subject to the supplanting restrictions of the act.

(b) The actual cost of purchasing or leasing training materials used to assist trainees in understanding in-service training topics. The cost may include either the purchase price or salaries and materials expended in creating training materials.

(c) The reasonable rental cost or the purchase price of equipment used during inservice training; however, expenditures for purchase shall not be more than a total of 10% of the funds received in any year nor may any single item be more than $5,000.00, without the prior approval of the commission.

(d) Reasonable rental costs for the use of training facilities for in-service training, if facilities owned or occupied by an eligible entity are either not available or are inappropriate.

(e) A flat rate or tuition paid to a contractual training provider hired by an eligible entity. The payment shall be in compliance with policies established by the commission.

(f) Compact disks (CDs), digital versatile disks (DVDs), videotapes, web-based programs or other such instructional media that are based upon passive or interactive learning.

(g) Automated firearms training systems that simulate deadly force decisionmaking circumstances.

(h) Training outside Michigan or training provided by a vendor from outside Michigan, if the recipient has determined that similar training is not available in Michigan or that a Michigan vendor is not available. If an eligible entity chooses to use out-of-state training or an out-of-state vendor, then the entity shall request authorization from the commission, in writing, in advance, and in a manner prescribed by the commission.

(i) The commission may establish reasonable caps on allowable costs.

Editor's Note: An obvious error in R 18.14903 was corrected at the request of the promulgating agency, pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule containing the error was published in Michigan Register, 2006 MR 2. The memorandum requesting the correction was published in Michigan Register, 2006 MR 6.

History

• History: 2006 AACS.

Mich. Admin. Code R 18.14904 Accounting and audit requirements; sanctions for noncompliance {#sec-r-18.14904 omnilex-key=us-mi-regs-official--dept-state-police--R 18.14904}

Rule 904. A recipient of funds under section 3(a) or (b) of the act shall comply with the following accounting and audit requirements:

(a) Account for justice training fund revenues and expenditures separate from other funding sources.

(b) Maintain records documenting financial transactions and program activities according to generally accepted accounting principles, permit program and fiscal inspections, and cooperate with any audit required or authorized by the commission.

(c) The commission may conduct an audit, at will, of justice training fund revenues and expenditures of any agency receiving justice training funds. The commission shall pay for the audit.

(d) If the commission determines that justice training funds were not spent in compliance with commission requirements, then the recipient agency shall be ineligible to receive commission funds until the commission is satisfied that the recipient agency complies with commission requirements.

History

• History: 2006 AACS.

Mich. Admin. Code R 18.14905 Distribution of fund balance through competitive grant process {#sec-r-18.14905 omnilex-key=us-mi-regs-official--dept-state-police--R 18.14905}

Rule 905. (1) The commission shall annually make a distribution of the balance of the fund to state and local agencies pursuant to the provisions of section 3(b) of the act.

(2) Agencies shall submit applications for grant funding to the commission on the forms and in the manner prescribed by the commission. The completed application shall contain all of the required information.

(3) Application forms, requirements, instructions, and a timetable for submission are available at the Michigan Commission on Law Enforcement Standards, 7426 North Canal Road, Lansing, Michigan 48913.

(4) A grantee may request a time extension of a grant contract. The extension may not be more than 1 year beyond the end date of the initial contract. At the conclusion of a contract, a grantee shall return any unexpended balances to the Michigan justice training fund or the balance of the obligated funds shall be liquidated for future distribution in accordance with the purposes described in section 3(b) of the act.

(5) A grantee shall notify the commission in writing of funded training programs before the program begins. A grantee shall permit commission members or staff to monitor training programs without charge to the commission.

History

• History: 2006 AACS.

Mich. Admin. Code R 18.14906 Restrictions on grant funds {#sec-r-18.14906 omnilex-key=us-mi-regs-official--dept-state-police--R 18.14906}

Rule 906. (1) Funds distributed under the provisions of section 3(b) of the act are restricted as follows:

(a) Funds may be expended for any of the following:

(i) The purchase or lease of training materials or equipment that is used exclusively for the direct delivery of in-service training.

(ii) Instructional preparation and development time and compensation as established by the commission.

(iii) Salaries of instructors or developers employed by the grant recipient at the instructor's or developer's regular hourly personnel rate.

(iv) Out-of-state travel for training or an out-of-state vendor presenting in Michigan with the prior approval of the commission. An out-of-state vendor shall be registered with the commission before the expenditure of grant funds.

(v) Consultant fees at an hourly rate established by the commission.

(b) Funds shall not be expended for any of the following:

(i) Duplication of compensation to instructors or staff.

(ii) Consultant fees for travel time.

(iii) A consultant to act as an on-site coordinator.

(iv) Overhead or operating costs as a percentage of the total grant request.

(v) A request that is for 100% equipment acquisition.

(vi) Construction of a firearms range or for the purchase of a firearm training system that simulates deadly force decision-making circumstances.

(2) The commission may approve a multiyear training project conceptually if an extended time frame is determined by the commission to be appropriate. However, the grant applicant shall annually compete for funding and a multiyear project shall be awarded as annual grants.

(3) The commission shall interact only with an applicant agency on questions related to a grant application.

(4) A current or former commission member shall not be paid with grant funds to participate in a commission-funded program that was awarded while the commission member held office; however, a member may be reimbursed for actual expenses.

History

• History: 2006 AACS.

Mich. Admin. Code R 18.14907 Nondiscrimination {#sec-r-18.14907 omnilex-key=us-mi-regs-official--dept-state-police--R 18.14907}

Rule 907. (1) A government unit receiving money distributed under the act and any person or contractor performing services funded by such money shall not discriminate against an employee or applicant for employment with respect to hire, tenure, terms, conditions, or privileges of employment; or a matter directly or indirectly related to employment because of race, color, religion, national origin, age, sex, height, weight, or marital status in violation of 1976 PA 453, MCL 37.2101.

(2) A government unit receiving money distributed under the act and any person or contractor performing services funded by such money shall not discriminate against an employee or applicant for employment with respect to hire, tenure, terms, conditions, or privileges of employment; or a matter directly or indirectly related to employment because of a disability or genetic information that is unrelated to the person's ability to perform the duties of a particular job or position in violation of 1976 PA 220, MCL 37.1101.

(3) Upon certification of the Michigan civil rights commission that a violation of subrule (1) or (2) of this rule has occurred, a government unit's right to receive money under the act may be suspended, terminated, or conditioned in any appropriate way that is consistent with the circumstances of the case.

History

• History: 2006 AACS.

Mich. Admin. Code R 18.14908 Compliance with rules {#sec-r-18.14908 omnilex-key=us-mi-regs-official--dept-state-police--R 18.14908}

Rule 908. Failure to comply with the provisions of these rules may result in the denial of funds by the commission.

History

• History: 2006 AACS.

Mich. Admin. Code R 18.14909 Travel regulations {#sec-r-18.14909 omnilex-key=us-mi-regs-official--dept-state-police--R 18.14909}

Rule 909. Allowable expenses for travel shall conform to the rates and conditions approved by the commission. The approved rates shall not exceed the approved travel rates for state of Michigan civil service employees.

History

• History: 2006 AACS.

Mich. Admin. Code R 18.14910 Requirements; registration of courses; reporting training and expenditures {#sec-r-18.14910 omnilex-key=us-mi-regs-official--dept-state-police--R 18.14910}

Rule 910. (1) Justice training funds may be expended only for in-service training courses that are registered, pursuant to R 28.14501, et seq., in the MCOLES information and tracking network.

(2) An expenditure of justice training funds shall be reported to the commission, consistent with R 28.14501, et seq., as follows:

(a) Attendance and all associated costs for training funded in whole or part with justice training funds, except as provided in subrule (2)(b) of this rule.

(b) Expenditures solely for equipment or supplies in support of training shall be reported separately.

History

• History: 2006 AACS.

Traffic Safety Division Traffic Safety Division

R 28.901 to R 28.911 Safety Belts and Restraining Devices

Mich. Admin. Code R 28.901 Rescinded {#sec-r-28.901 omnilex-key=us-mi-regs-official--dept-state-police--R 28.901}

DEPARTMENT OF STATE POLICE

TRAFFIC SERVICES SECTION

SAFETY BELTS AND RESTRAINING DEVICES

(By authority conferred on the department of state police by sections 658 and 710a of Act No. 300 of the Public Acts of 1949, as amended, being S257.658 and 710a of the Michigan Compiled Laws)

History

• History: 1979 AC; 1999 AACS.

Mich. Admin. Code R 28.902 Rescinded {#sec-r-28.902 omnilex-key=us-mi-regs-official--dept-state-police--R 28.902}

History

• History: 1979 AC; 1999 AACS.

Mich. Admin. Code R 28.903 Rescinded {#sec-r-28.903 omnilex-key=us-mi-regs-official--dept-state-police--R 28.903}

History

• History: 1979 AC; 1999 AACS.

Mich. Admin. Code R 28.904 Rescinded {#sec-r-28.904 omnilex-key=us-mi-regs-official--dept-state-police--R 28.904}

History

• History: 1979 AC; 1999 AACS.

Mich. Admin. Code R 28.905 Rescinded {#sec-r-28.905 omnilex-key=us-mi-regs-official--dept-state-police--R 28.905}

History

• History: 1979 AC; 1999 AACS.

Mich. Admin. Code R 28.906 Rescinded {#sec-r-28.906 omnilex-key=us-mi-regs-official--dept-state-police--R 28.906}

History

• History: 1979 AC; 1999 AACS.

Mich. Admin. Code R 28.907 Rescinded {#sec-r-28.907 omnilex-key=us-mi-regs-official--dept-state-police--R 28.907}

History

• History: 1979 AC; 1999 AACS.

Mich. Admin. Code R 28.911 Adoption of federal standards {#sec-r-28.911 omnilex-key=us-mi-regs-official--dept-state-police--R 28.911}

Rule 1. The provisions of 49 C.F.R. SS571.209 and 571.210 are adopted in these rules by reference for safety belts and restraining devices. Copies of the provisions may be inspected at the offices of the special operations division, traffic services section, department of state police. Copies may be obtained at a cost as of adoption of these rules of $5.00 for the first page and $1.00 for each page thereafter from the Department of State Police, 714 S. Harrison Rd. E. Lansing, Michigan 48823, of from the Superintendent of Documents, Government Printing Office, Washington, DC 20402, (telephone 202-512-1800), at a cost as of the time of adoption of these rules of $49.00.

History

• History: 1999 AACS.

R 28.951 to R 28.961 Standards, Rules and Regulations for Crash Helmets

Mich. Admin. Code R 28.951 Approved Equipment {#sec-r-28.951 omnilex-key=us-mi-regs-official--dept-state-police--R 28.951}

DEPARTMENT OF STATE POLICE

TRAFFIC SERVICES SECTION

MOTORCYCLE HELMETS

(By authority conferred on the Department of State Police by section 658 of Act No. 300 of the Public Acts of 1949, as amended, being §257.658 of the Michigan Compiled Laws.)

Rule 1. Motorcycle helmets shall meet the model specifications established by the United States Department of Transportation, National Highway Traffic Safety Administration. These specifications, located at and identified as "Motorcycle Helmets", 49 C.F.R. § 571.218, published April 15, 1988 in the Federal Register (53 FR 12529), effective October 3, 1988, are adopted in these rules by reference.

Printed copies of 49 C.F.R. § 571.218 are available for inspection and for distribution to the public at cost at the offices of the Michigan Department of State Police, Special Operations Division, Traffic Services Section, 714 S. Harrison Road, East Lansing, Michigan 48823. Printed copies of Chapter 49, Transportation, Pts. 400-999, containing 49 C.F.R. § 571.218, are also available from the United States Government Printing Office, Superintendent of Documents, P.O. Box 371954, Pittsburgh, Pa 15250-7954, at a cost of $57.00 at the time of the adoption of this rule.

Editor's Note: Pursuant to Section 56 of 1969 PA 306, as amended, being Section 24.256 of the Michigan Compiled Laws, an obvious error in this rule has been corrected at the request of the promulgating agency. The rule as published in the Michigan Register and filed with the Office of the Great Seal omitted the word "Traffic" in the title of the National Highway Traffic Safety Administration.

History

• History: 1981 AACS; 2000 AACS.

Mich. Admin. Code R 28.952 Rescinded {#sec-r-28.952 omnilex-key=us-mi-regs-official--dept-state-police--R 28.952}

History

• History: 1981 AACS; 2000 AACS.

Mich. Admin. Code R 28.953 Rescinded {#sec-r-28.953 omnilex-key=us-mi-regs-official--dept-state-police--R 28.953}

History

• History: 1981 AACS; 2000 AACS.

Mich. Admin. Code R 28.954 Rescinded {#sec-r-28.954 omnilex-key=us-mi-regs-official--dept-state-police--R 28.954}

History

• History: 1981 AACS; 2000 AACS.

Mich. Admin. Code R 28.955 Rescinded {#sec-r-28.955 omnilex-key=us-mi-regs-official--dept-state-police--R 28.955}

History

• History: 1981 AACS; 2000 AACS.

Mich. Admin. Code R 28.956 Rescinded {#sec-r-28.956 omnilex-key=us-mi-regs-official--dept-state-police--R 28.956}

History

• History: 1981 AACS; 2000 AACS.

Mich. Admin. Code R 28.957 Rescinded {#sec-r-28.957 omnilex-key=us-mi-regs-official--dept-state-police--R 28.957}

History

• History: 1981 AACS; 2000 AACS.

Mich. Admin. Code R 28.958 Rescinded {#sec-r-28.958 omnilex-key=us-mi-regs-official--dept-state-police--R 28.958}

History

• History: 1981 AACS; 2000 AACS.

Mich. Admin. Code R 28.959 Rescinded {#sec-r-28.959 omnilex-key=us-mi-regs-official--dept-state-police--R 28.959}

History

• History: 1981 AACS; 2000 AACS.

Mich. Admin. Code R 28.960 Rescinded {#sec-r-28.960 omnilex-key=us-mi-regs-official--dept-state-police--R 28.960}

History

• History: 1981 AACS; 2000 AACS.

Mich. Admin. Code R 28.961 Rescinded {#sec-r-28.961 omnilex-key=us-mi-regs-official--dept-state-police--R 28.961}

History

• History: 1981 AACS; 2000 AACS.

Special Operations Division Special Operations Division

R 28.1001 to R 28.2075 Uniform Traffic Code for Cities, Townships, and Villages

Mich. Admin. Code R 28.1001 Rule 1. Words and phrases {#sec-r-28.1001 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1001}

Page 1 Courtesy of www.michigan.gov/orr DEPARTMENT OF STATE POLICE SPECIAL OPERATIONS DIVISION UNIFORM TRAFFIC CODE FOR CITIES, TOWNSHIPS, AND VILLAGES (By authority conferred on the director of the department of state police by 1956 PA 62, MCL 257.951 et seq.)

PART 1. WORDS AND PHRASES DEFINED

(1) As used in this code:

(a) "Act" means the Michigan vehicle code, 1949 PA 300, MCL 257.1 et seq.

(b) "Alley" means a minor thoroughfare, opened to public use, for the purpose of ingress and egress to service adjacent buildings.

(c) "Bicycle lane" means a portion of a street or highway that is adjacent to the roadway and that is established for the use of persons riding bicycles.

(d) "Bicycle path" means a portion of a street or highway that is separated from the roadway by an open, unpaved space or by a barrier and that is established for the use of persons riding bicycles.

(e) "Bus stand" or "bus stop" means a fixed area in the roadway, parallel and adjacent to the curb, to be occupied exclusively by buses for layover in operating schedules or by buses waiting for, loading, or unloading passengers.

(f) "Clerk" means the person who keeps the records and performs the regular business of a governmental unit.

(g) "Curb loading zone" means a space that is adjacent to a curb and that is reserved for the exclusive use of vehicles during the loading or unloading of passengers or materials.

(h) "Freight curb loading zone" means a space that is adjacent to a curb and that is provided for the exclusive use of vehicles during the loading or unloading of freight.

(i) "Governmental unit" or "municipality" means an incorporated city, an incorporated village, or a township.

(j) "Official time standard" means the hours named in this code are hours of standard time or daylight-saving time, whichever is in current use in this governmental unit.

(k) "Parking meter zone" means an area that is adjacent to a parking meter and that is set aside for the exclusive use of vehicles upon the deposit of a coin of United States currency in the parking meter as specified on the meter.

(l) "Passenger curb loading zone" means a place that is adjacent to a curb and that is reserved for the exclusive use of vehicles during the loading or unloading of passengers.

Page 2 Courtesy of www.michigan.gov/orr (m) "Stand" or "standing" means the halting of a vehicle, other than for the purpose of, and while actually engaged in, receiving or discharging passengers.

(n) "Stop," when required, means the complete cessation of movement.

(o) "Stop" or "stopping," when prohibited, means the halting, even momentarily, of a vehicle, whether occupied or not. The terms do not apply to the halting of a vehicle that is necessary to avoid conflict with other traffic or that is in compliance with the directions of a police officer or traffic-control sign or signal.

(p) "Taxicab" means a licensed public motor vehicle for hire that is designated and constructed to seat not more than 10 persons and that is operated as a common carrier on call or demand.

(q) "Taxicab stand" means a fixed area in the roadway that is set aside for taxicabs to stand or wait for passengers.

(r) "Tow-away zone" means a zone where parking, stopping, or standing is not permitted, as indicated by proper signs, and where vehicles parked in violation of the signs are towed away to keep the roadway clear for traffic movement.

(s) "U-turn" means a turn made on a roadway or in an intersection by a vehicle for the purpose of reversing its direction of travel.

(2) If any word or phrase used in this code is not defined in this code, but is defined in the Act, PA 300, MCL 257.1 to 257.923, then the definition in the act shall apply to the words and phrases used in this code.

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1002 Rescinded {#sec-r-28.1002 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1002}

History

• History: 1979 AC; 1981 AACS; 1997 AACS.

Mich. Admin. Code R 28.1003 Rescinded {#sec-r-28.1003 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1003}

History

• History: 1979 AC; 1981 AACS; 1997 AACS.

Mich. Admin. Code R 28.1004 Rescinded {#sec-r-28.1004 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1004}

PART 2. TRAFFIC ADMINISTRATION AND AUTHORITY

History

• History: 1979 AC; 1981 AACS; 1997 AACS.

Mich. Admin. Code R 28.1101 Rule 101. Police department; traffic duties {#sec-r-28.1101 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1101}

It is the duty of the chief of police and the officers of the police department to enforce the street traffic regulations of this governmental unit and all state vehicle laws that are applicable to street traffic in this governmental unit, including making arrests for Page 3 Courtesy of www.michigan.gov/orr certain traffic violations, issuing citations for civil infractions, investigating accidents, cooperating with the city traffic engineer and other officials of this governmental unit in the administration of the traffic laws and in developing ways and means to improve traffic conditions, and carrying out those duties specially imposed by this code and other traffic ordinances of this governmental unit.

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1102 Rule 102. Authority of police directing traffic {#sec-r-28.1102 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1102}

Officers of the police department or those officers that are assigned by the chief of police are hereby authorized to direct all traffic by voice, hand, or signal in conformance with traffic laws. However, in case of a fire or other emergency or to expedite traffic or safeguard pedestrians, officers of the police department may direct traffic as conditions require, notwithstanding the provisions of the traffic laws.

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1103 Rule 103. Authority of firemen directing traffic {#sec-r-28.1103 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1103}

Officers of the fire department, when at the scene of a fire, may direct or assist the police in directing traffic at the scene of the fire or in the immediate vicinity.

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1104 Rescinded {#sec-r-28.1104 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1104}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1105 Rule 105. Impounding of vehicles; authority; procedure; public sale {#sec-r-28.1105 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1105}

(1) Notwithstanding section 252d of the act, a police agency may provide for the immediate removal of a vehicle from public property or any other place open to travel by the public and impound the vehicle in any of the following circumstances:

(a) When a vehicle is left unattended on a bridge, viaduct, causeway, subway, tube, or tunnel where the vehicle constitutes an obstruction to traffic.

(b) When a vehicle is found being driven on the streets or highways in an unsafe condition that endangers persons or property.

(c) When the driver of the vehicle is taken into custody by the police department and the vehicle would thereby be left unattended on the street.

(2) A police agency that authorizes the removal of a vehicle under subrule (1) of this rule shall comply with the requirements of section 252d(2) to (7) of the act.

Page 4 Courtesy of www.michigan.gov/orr Editor's Note: An obvious error in R 28.1105 was corrected at the request of the promulgating agency, pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule containing the error was published in Michigan Register, 2002 MR 20. The memorandum requesting the correction was published in Michigan Register, 2003 MR 21.

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1105a Rescinded {#sec-r-28.1105a omnilex-key=us-mi-regs-official--dept-state-police--R 28.1105a}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1106 Rescinded {#sec-r-28.1106 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1106}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1107 Rescinded {#sec-r-28.1107 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1107}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1108 Rescinded {#sec-r-28.1108 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1108}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1109 Rescinded {#sec-r-28.1109 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1109}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1110 Rescinded {#sec-r-28.1110 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1110}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1110a Rescinded {#sec-r-28.1110a omnilex-key=us-mi-regs-official--dept-state-police--R 28.1110a}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1110b Rescinded {#sec-r-28.1110b omnilex-key=us-mi-regs-official--dept-state-police--R 28.1110b}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1110c Rescinded {#sec-r-28.1110c omnilex-key=us-mi-regs-official--dept-state-police--R 28.1110c}

Page 5 Courtesy of www.michigan.gov/orr

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1110d Rescinded {#sec-r-28.1110d omnilex-key=us-mi-regs-official--dept-state-police--R 28.1110d}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1110e Rescinded {#sec-r-28.1110e omnilex-key=us-mi-regs-official--dept-state-police--R 28.1110e}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1110f Rescinded {#sec-r-28.1110f omnilex-key=us-mi-regs-official--dept-state-police--R 28.1110f}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1110g Rescinded {#sec-r-28.1110g omnilex-key=us-mi-regs-official--dept-state-police--R 28.1110g}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1110h Rescinded {#sec-r-28.1110h omnilex-key=us-mi-regs-official--dept-state-police--R 28.1110h}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1110i Rescinded {#sec-r-28.1110i omnilex-key=us-mi-regs-official--dept-state-police--R 28.1110i}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1111 Rescinded {#sec-r-28.1111 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1111}

History

• History: 1979 AC; 1981 AACS; 1997 AACS; 2002 AACS.

Mich. Admin. Code R 28.1112 Rescinded {#sec-r-28.1112 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1112}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1113 Rescinded {#sec-r-28.1113 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1113}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1114 Rescinded {#sec-r-28.1114 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1114}

Page 6 Courtesy of www.michigan.gov/orr

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1115 Rescinded {#sec-r-28.1115 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1115}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1116 Rescinded {#sec-r-28.1116 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1116}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1117 Rescinded {#sec-r-28.1117 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1117}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1117a Rescinded {#sec-r-28.1117a omnilex-key=us-mi-regs-official--dept-state-police--R 28.1117a}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1117b Rescinded {#sec-r-28.1117b omnilex-key=us-mi-regs-official--dept-state-police--R 28.1117b}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1117c Rescinded {#sec-r-28.1117c omnilex-key=us-mi-regs-official--dept-state-police--R 28.1117c}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1117d Rescinded {#sec-r-28.1117d omnilex-key=us-mi-regs-official--dept-state-police--R 28.1117d}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1118 Rule 118. Records of traffic violations; warrants {#sec-r-28.1118 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1118}

(1) The chief of police shall maintain, or cause to be maintained, a record of all warrants that are issued on traffic violation charges and that are delivered to the police department for service. The chief of police shall also maintain, or cause to be maintained, a record of the disposition of all these warrants.

(2) This rule shall not apply to municipalities in which the records listed in subrule (1) of this rule are maintained by another agency or district court pursuant to a local agreement.

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History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1119 Rescinded {#sec-r-28.1119 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1119}

History

• History: 1979 AC; 2002 AACS.

Mich. Admin. Code R 28.1120 Rescinded {#sec-r-28.1120 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1120}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1121 Rescinded {#sec-r-28.1121 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1121}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1122 Rule 122. Traffic accident studies {#sec-r-28.1122 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1122}

If the accidents at any particular location become numerous, the police department shall cooperate with the traffic engineer in conducting studies of the accidents and shall determine remedial measures.

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1123 Rule 123. Drivers' files {#sec-r-28.1123 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1123}

(1) The police department shall maintain a suitable record of all traffic accidents, citations, arrests, dispositions, and complaints that are reported for each driver. The reported items shall be maintained in a manner that allows for retrieval by the name of the driver concerned. The records shall be maintained for not less than the most recent 5-year period.

(2) A photocopy or electronic image shall be maintained if the original document is sent to another agency or to a court, except as provided in subrule (3) of this rule.

(3) A photocopy or electronic image is not required to be maintained by the police department if the original document, photocopy, pr electronic image is maintained by another office of the municipality.

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1124 Rule 124. Annual traffic safety report {#sec-r-28.1124 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1124}

The police department shall annually prepare a traffic report that shall be filed with the executive head of this governmental unit and the ordinance making body of this governmental unit. The report shall contain all of the following information on traffic matters in this municipality:

Page 8 Courtesy of www.michigan.gov/orr (a) The number of traffic accidents.

(b) The number of persons killed.

(c) The number of persons injured.

(d) The number of traffic accidents investigated.

(e) The plans and recommendations of the police department for future traffic safety activities.

(f) Other pertinent data on the safety activities of the police.

(g) Other pertinent traffic accident data.

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1125 Rule 125. Traffic engineer {#sec-r-28.1125 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1125}

(1) The office of traffic engineer is hereby established. The traffic engineer shall be appointed in a manner prescribed by the ordinance making body and shall exercise the powers and duties provided in this code in a manner that is consistent with prevailing traffic engineering and safety practices and that is in the best interests of this governmental unit. If a traffic engineer is not appointed, then the authority of the engineer shall be vested in the chief of police.

(2) The traffic engineer shall be responsible for any duties specifically delegated to the local authority by the Act, unless another office is specifically designated by the Act or by this code or is by its nature the more appropriate office.

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1126 Rule 126. Duties of traffic engineer {#sec-r-28.1126 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1126}

(1)The general duties of the traffic engineer are as follows:

(a) To plan and determine the installation and proper timing and maintenance of traffic-control devices.

(b) To conduct engineering analysis of traffic accidents and to devise remedial measures.

(c) To conduct engineering investigations of traffic conditions.

(d) To plan the operation of traffic on the streets of this governmental unit, including parking areas.

(e) To cooperate with other officials of this governmental unit in the development of ways and means to improve traffic conditions.

(f) To carry out the additional powers and duties imposed by the act and ordinances of this governmental unit.

(g) To otherwise regulate the movement and parking of vehicles within the municipality consistent with the act.

(2) All duties carried out by the traffic engineer shall be in accordance with standard and accepted engineering practices as found in the Traffic Engineering Handbook, Fifth Edition, which is adopted by reference in these rules. The Handbook may be reviewed at the East Lansing Headquarters of the Michigan State Police, Special Operations Division, Traffic Services Section.The Handbook may be purchased from the Institute of Transportation Engineers, 1099 14TH Street, N.W., Page 9 Courtesy of www.michigan.gov/orr Suite 300 West, Washington, DC 20005-3438, or from the Michigan Department of State Police, Special Operations Division, Traffic Services Section, 714 South Harrison Road, East Lansing, MI 48823, at a cost as of the time of adoption of these rules of $110.00 each.

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1127 Rule 127. Emergency regulations {#sec-r-28.1127 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1127}

The chief of police is hereby empowered to make and enforce temporary regulations to cover emergencies or special conditions. Temporary regulations shall remain in effect for not more than 90 days.

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1128 Rule 128. Testing traffic-control devices {#sec-r-28.1128 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1128}

The traffic engineer may test or experiment with traffic-control devices under actual conditions of traffic in accordance with procedures contained in the Michigan manual of uniform traffic-control devices.

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1129 Rescinded {#sec-r-28.1129 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1129}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1130 Rescinded {#sec-r-28.1130 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1130}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1130a Rescinded {#sec-r-28.1130a omnilex-key=us-mi-regs-official--dept-state-police--R 28.1130a}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1131 Rescinded {#sec-r-28.1131 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1131}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1132 Rescinded {#sec-r-28.1132 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1132}

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History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1133 Rescinded {#sec-r-28.1133 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1133}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1134 Rescinded {#sec-r-28.1134 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1134}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1135 Rescinded {#sec-r-28.1135 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1135}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1136 Rescinded {#sec-r-28.1136 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1136}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1136a Rescinded {#sec-r-28.1136a omnilex-key=us-mi-regs-official--dept-state-police--R 28.1136a}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1136b Rule 136b. Traffic-control devices on private property; violation as civil infraction {#sec-r-28.1136b omnilex-key=us-mi-regs-official--dept-state-police--R 28.1136b}

(1) With the consent, or at the request, of the owners or persons in charge of private property that is open to the general public for travel, the traffic engineer may determine controls of the movement of vehicles and pedestrians and the parking of vehicles as needed for the safety and convenience of the public and users of the property. The traffic engineer shall place and maintain whatever traffic-control devices are necessary to give notice of the controls determined to be necessary.

(2) A person who violates the directions of the traffic-control devices is responsible for a civil infraction.

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1137 Rule 137. Curb loading zones {#sec-r-28.1137 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1137}

The traffic engineer is hereby authorized to determine the location of passenger and freight curb loading zones and shall place and maintain appropriate signs that indicate the zones and that state the hours during which the zones are restricted for loading purposes.

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History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1138 Rule 138. Permits for curb loading zones {#sec-r-28.1138 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1138}

The traffic engineer shall not designate or sign any curb loading zone upon special request of any person unless the person makes application for a permit for the zone and for 2 signs to indicate the ends of each zone. When approved by the traffic engineer, the clerk, upon granting a permit and issuing the signs, shall collect from the applicant and deposit with the treasurer a service fee for 1 year or a fraction thereof in an amount specified by resolution of the ordinance making body. The governmental unit may, by regulation, impose conditions upon the use of the signs and provide for reimbursement for the value of the signs if they are lost or damaged and for return of the signs if they are misused or upon expiration of the permit.The permit shall expire at the end of 1 year.

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1139 Rule 139. Public carrier stands {#sec-r-28.1139 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1139}

The traffic engineer is hereby authorized to establish bus stops, bus stands, taxicab stands, and stands for other passenger common-carrier motor vehicles on public streets, in places, and in number as he or she shall determine to be of the greatest benefit and convenience to the public. Every bus stop, bus stand, taxicab stand, or other stand shall be designated by appropriate signs, which the traffic engineer shall cause to be erected.

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1140 Rule 140. Permit for loading or unloading at an angle to the curb {#sec-r-28.1140 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1140}

The traffic engineer may authorize the clerk to issue special permits to permit the backing of a vehicle to the curb for the purpose of loading or unloading merchandise or materials subject to the terms and conditions of the permit. A permit may be issued either to the owner or lessee of real property or to the owner of the vehicle. A permit shall grant to the owner or lessee of real property the privileges that are stated in the permit and that are authorized in this code.

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1141 Rule 141. Parking meter zones {#sec-r-28.1141 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1141}

The traffic engineer is hereby authorized, subject to the approval of the ordinance making body, to determine and designate metered parking zones and to install and maintain as many parking meters as necessary in the metered parking zones, if it is determined that the installation of parking meters is necessary to aid in the regulation, control, and inspection of the parking of vehicles

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1142 Rule 142. Angle parking zones {#sec-r-28.1142 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1142}

Page 12 Courtesy of www.michigan.gov/orr The traffic engineer shall determine the location of angle parking zones and shall erect and maintain appropriate signs that indicate the location and that give notice thereof, except that these zones shall not be established on state trunkline highways.

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1143 Rescinded {#sec-r-28.1143 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1143}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1144 Rule 144. Speed restrictions {#sec-r-28.1144 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1144}

Notwithstanding section 629 of the Act, The traffic engineer is hereby authorized to establish prima facie speed limits in alleys and cemeteries.

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1145 Rescinded {#sec-r-28.1145 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1145}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1146 Rescinded {#sec-r-28.1146 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1146}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1147 Rule 147. Authority to sign 1-way streets and alleys {#sec-r-28.1147 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1147}

Where any 1-way street or alley is duly established, the traffic engineer shall place and maintain signs that give notice of the 1-way street or alley and the regulation shall not be effective unless the signs are in place. Signs that indicate the direction of lawful traffic movement shall be placed at every intersection where movement of traffic in the opposite direction is prohibited.

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1148 Rule 148. Authority to restrict direction of movement on streets during certain periods {#sec-r-28.1148 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1148}

The traffic engineer is hereby authorized to determine and designate streets, parts of streets, or specific lanes of streets on which vehicular traffic shall proceed in 1 direction during 1 period of the day and the opposite direction during another period of the day and shall place and maintain appropriate markings, signs, barriers, or other devices to give notice thereof. The traffic engineer may erect signs that temporarily designate lanes to be used by traffic moving in a particular direction, regardless of Page 13 Courtesy of www.michigan.gov/orr the center line of the roadway.

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1149 Rescinded {#sec-r-28.1149 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1149}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1150 Rescinded {#sec-r-28.1150 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1150}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1151 Rule 151. Prohibiting certain traffic.\The traffic engineer may, after an engineering and traffic investigation, designate any heavily traveled street under his or her jurisdiction as prohibited to a class or kind of traffic found to be incompatible with the normal and safe movement of traffic. The traffic engineer shall erect appropriate traffic-control devices that give notice of the determination {#sec-r-28.1151 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1151}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1152 Rescinded {#sec-r-28.1152 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1152}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1153 Rule 153. Traffic-control orders {#sec-r-28.1153 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1153}

(1) The authority in the Act and this code to regulate traffic shall be exercised by the traffic engineer by the issuance of traffic-control orders that shall specify the rules and regulations adopted or established by him or her. The traffic-control orders shall become effective upon being filed with the clerk and upon erection of adequate signs or signals that give notice of the existence of the regulation, if signs or signals are required by the provisions of this code that pertain to the regulation.

(2) Traffic-control orders may be issued by the traffic engineer on his or her own authority, but when so issued shall be known as temporary traffic-control orders and shall not be effective after the expiration of 90 days from the date of filing and these temporary traffic-control orders shall not be renewed or extended, except upon approval by the ordinance making body.

(3) Permanent traffic-control orders shall be issued by the traffic engineer, approved by the ordinance making body, and filed with the clerk.

(4) Temporary orders shall become permanent orders upon being approved by the ordinance making body, and notice of the approval shall be filed with the clerk.

Page 14 Courtesy of www.michigan.gov/orr (5) All traffic-control orders and any actions that modify or repeal the orders shall be kept by the clerk in a separate book that shall be known as the traffic-control order book.

(6) A copy of a traffic-control order, certified by the clerk to be a true copy compared by him or her with the original in his or her office, shall be permitted into evidence in all courts and proceedings in the same manner as the original would be permitted into evidence if produced. If it appears that a traffic-control sign, signal, or device that conforms to the provisions of this code was erected or in place when the alleged violation of this code occurred, it shall be prima facie evidence of the existence of a lawful traffic-control order that authorizes the traffic control, sign, signal, or device, and it is not necessary for the prosecution to affirmatively show the existence of a valid traffic-control order in these cases, unless and until the presumption is rebutted by competent evidence.

(7) All traffic control orders issued by the traffic engineer, whether temporary or permanent, shall be in accordance with standard and accepted engineering practices as adopted in R 28.1126.

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1154 Rule 154. Clerk {#sec-r-28.1154 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1154}

The duties set forth in rules 155 to 158 of this code shall apply to the person who is elected or appointed to the office of clerk of this governmental unit.

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1155 Rule 155. Clerk to issue permit for loading or unloading at an angle to the curb {#sec-r-28.1155 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1155}

The clerk, upon receipt of a written application, shall issue, subject to the approval of the traffic engineer, permits to back a vehicle at right angles to the curb for the purpose of loading or unloading of merchandise or material. These permits shall be subject to the terms and conditions stated thereon. These permits shall expire at the end of each calendar year, but may be reissued.

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1156 Rule 156. Clerk to issue permit for curb loading zones {#sec-r-28.1156 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1156}

The clerk, upon receipt of a written application, shall issue, subject to the approval of the traffic engineer, permits for curb loading zones. These permits shall be subject to the terms and conditions stated thereon.

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1157 Rule 157. Clerks to provide traffic citation forms {#sec-r-28.1157 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1157}

Page 15 Courtesy of www.michigan.gov/orr (1) Traffic citation forms in serially numbered sets that notify alleged violators to appear and answer to charges of violating traffic laws and ordinances shall be provided by the clerk in books and in a form as provided in sections 727b and 727c of the act.

(2) This rule shall not apply to municipalities in which the traffic citation forms required in subrule (1) of this rule are provided by another department, agency, or court pursuant to a local agreement.

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1158 Rule 158. Issuance and record of traffic citation books {#sec-r-28.1158 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1158}

(1) The clerk shall be responsible for the issuance of traffic citation books to the chief of police and shall maintain a record of each book.

(2) This rule shall not apply to municipalities in which the records required in subrule (1) of this rule are maintained by another department, agency, or court pursuant to a local agreement.

PART 3. OBEDIENCE TO TRAFFIC REGULATIONS

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1201 Rule 201. Required obedience to traffic ordinances; parental responsibility; violation as civil infraction {#sec-r-28.1201 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1201}

(1) It is a violation of this code for any person to do any act that is forbidden, or to fail to perform any act that is required, by the act or this code.

(2) The parent of any child and the guardian of any ward shall not authorize or knowingly permit this child or ward to violate any of the provisions of the act or this code.

(3) Unless otherwise specified, violation of any rule of this code is a civil infraction.

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1202 Rule 202. Obedience to police and fire department officials; violation as misdemeanor {#sec-r-28.1202 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1202}

(1) A person shall not willfully fail or refuse to comply with any lawful order or direction of any police officer or member of the fire department, at the scene of or in the immediate vicinity of a fire, who is vested with authority under the act or this code to direct, control, or regulate traffic.

(2) A person who violates this rule is guilty of a misdemeanor.

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History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1202a Rescinded {#sec-r-28.1202a omnilex-key=us-mi-regs-official--dept-state-police--R 28.1202a}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1203 Rule 203. Persons propelling push carts or riding animals subject to traffic regulations; violation as misdemeanor {#sec-r-28.1203 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1203}

(1) Persons who propel any push cart or who ride an animal upon a roadway and persons who drive any animal-drawn vehicle are subject to the provisions of this code that are applicable to the driver of any vehicle, except for the provisions of this code that by their very nature can have no application.

(2) A person who violates this rule is guilty of a misdemeanor.

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1204 Rule 204. Use of coasters, roller skates, and similar devices restricted; violation as civil infraction {#sec-r-28.1204 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1204}

(1) A person who is riding in, or by means of, any coasters, toy vehicle, or similar device shall not go on any roadway, except while crossing a street on a crosswalk. When crossing a street on a crosswalk, the person shall be granted all of the rights, and shall be subject to all of the duties, applicable to pedestrians.

(2) A person who is on a skateboard or roller skates, including in-line skates, shall be considered a pedestrian and is subject to all of the rights and duties of a pedestrian, except as provided in subrule (3) of this rule.

(3) The traffic engineer may designate those roadways and areas where the use of skateboards, roller skates, or in-line skates are prohibited and shall designate these areas through the posting of appropriate signs.

(4) A person who violates this rule is responsible for a civil infraction.

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1205 Rescinded {#sec-r-28.1205 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1205}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1206 Rescinded {#sec-r-28.1206 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1206}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1207 Rescinded {#sec-r-28.1207 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1207}

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History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1208 Rescinded {#sec-r-28.1208 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1208}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1209 Rescinded {#sec-r-28.1209 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1209}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1210 Rescinded {#sec-r-28.1210 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1210}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1211 Rule 211. Code provisions; exclusive applicability to operation of vehicles on streets, except where otherwise referred to {#sec-r-28.1211 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1211}

The provisions of this code that relate to the operation of vehicles refer exclusively to the operation of vehicles on streets or highways, except where a different place is specifically referred to in a rule of this code.

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1212 Rule 212. Enforcing violation on private road {#sec-r-28.1212 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1212}

Notwithstanding any other provision of law, a police officer may enter upon a private road to enforce violations of the act or this code.

PART 4. TRAFFIC-CONTROL DEVICES

History

• History: 1979 AC; 2002 AACS.

Mich. Admin. Code R 28.1301 Rescinded {#sec-r-28.1301 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1301}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1302 Rescinded {#sec-r-28.1302 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1302}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1303 Rescinded {#sec-r-28.1303 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1303}

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History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1304 Rule 304. Obedience to official traffic-control devices; violation as civil infraction {#sec-r-28.1304 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1304}

(1) The driver of any vehicle shall obey the instructions of any official trafficcontrol device that is placed in accordance with a traffic control order or a traffic ordinance of any governmental unit having authority over that highway, unless otherwise directed by a police officer.

(2) A person who violates this rule is responsible for a civil infraction.

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1304a Rescinded {#sec-r-28.1304a omnilex-key=us-mi-regs-official--dept-state-police--R 28.1304a}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1305 Rule 305. Provisions of code that require signs; enforceability {#sec-r-28.1305 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1305}

Provisions of this code that require signs shall not be enforced against an alleged violator if, at the time and place of the alleged violation, an official sign was not in proper position and was not sufficiently legible so as to be seen by an ordinarily observant person. When a particular rule does not state that signs are required, the rule shall be effective even though signs are not erected or in place.

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1306 Rescinded {#sec-r-28.1306 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1306}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1307 Rescinded {#sec-r-28.1307 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1307}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1308 Rescinded {#sec-r-28.1308 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1308}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1309 Rescinded {#sec-r-28.1309 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1309}

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History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1310 Rescinded {#sec-r-28.1310 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1310}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1311 Rescinded {#sec-r-28.1311 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1311}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1312 Rescinded {#sec-r-28.1312 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1312}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1313 Rule 313. Crosswalks {#sec-r-28.1313 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1313}

The traffic engineer is hereby authorized to designate and maintain, by appropriate devices, marks, or lines upon the surface of the roadway, crosswalks at intersections where, in his or her opinion, there is particular danger to pedestrians crossing the roadway and at other places as he or she may deem necessary.

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1314 Rule 314. Safety zones {#sec-r-28.1314 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1314}

The traffic engineer is hereby authorized to establish safety zones of a kind and character and at places as he or she may deem necessary for the protection of pedestrians.

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1315 Rescinded {#sec-r-28.1315 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1315}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1316 Rescinded {#sec-r-28.1316 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1316}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1317 Rescinded {#sec-r-28.1317 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1317}

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History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1318 Rescinded {#sec-r-28.1318 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1318}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1319 Rescinded {#sec-r-28.1319 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1319}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1320 Rule 320. Bicycle paths or bicycle lanes; establishment; traffic-control devices {#sec-r-28.1320 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1320}

(1) When the traffic engineer, after a traffic survey and engineering study, determines there is a need, he or she may establish a part of a street or highway under his or her jurisdiction as a bicycle path or lane.

(2) The bicycle path or lane shall be identified by official traffic-control devices that conform to the Michigan manual of uniform traffic-control devices.

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1321 Rule 321. Bicycle paths; vehicles prohibited; snowmobiles permitted under certain conditions; violation as misdemeanor {#sec-r-28.1321 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1321}

(1) A person shall not operate a vehicle on or across a bicycle path, except to enter or leave adjacent property or as otherwise permitted in this rule.

(2) A person may operate a snowmobile on a bicycle path that is snowcovered and that is not snowplowed for bicycle traffic.

(3) A person shall not park a vehicle on a bicycle path.

(4) A person who violates this rule is guilty of a misdemeanor.

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1322 Rule 322. Bicycle lanes; vehicles prohibited; parking permitted under certain conditions; violation as misdemeanor {#sec-r-28.1322 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1322}

(1) A person shall not operate a vehicle on or across a bicycle lane, except to enter or leave adjacent property.

(2) A person shall not park a vehicle on a bicycle lane, except where parking is permitted by official signs.

(3) A person who violates this rule is guilty of a misdemeanor.

PART 5. RIGHTS AND DUTIES OF DRIVERS AND OTHERS

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History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1401 Rescinded {#sec-r-28.1401 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1401}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1402 Rescinded {#sec-r-28.1402 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1402}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1403 Rescinded {#sec-r-28.1403 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1403}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1404 Rescinded {#sec-r-28.1404 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1404}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1404a Rescinded {#sec-r-28.1404a omnilex-key=us-mi-regs-official--dept-state-police--R 28.1404a}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1405 Rescinded {#sec-r-28.1405 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1405}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1406 Rescinded {#sec-r-28.1406 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1406}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1407 Rescinded {#sec-r-28.1407 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1407}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1408 Rescinded {#sec-r-28.1408 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1408}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1409 Rescinded {#sec-r-28.1409 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1409}

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History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1409a Rule 409a. Driving at slow speed; violation as a civil infraction {#sec-r-28.1409a omnilex-key=us-mi-regs-official--dept-state-police--R 28.1409a}

(1) A person shall not drive a motor vehicle at a slow speed as to impede the normal and reasonable movement of traffic, except when reduced speed is necessary for safe operation or to comply with law.

(2) A person who violates this rule is responsible for a civil infraction.

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1410 Rescinded {#sec-r-28.1410 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1410}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1411 Rescinded {#sec-r-28.1411 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1411}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1412 Rule 412. Violation of signs; violation as civil infraction {#sec-r-28.1412 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1412}

(1) It shall be prima facie unlawful to exceed the speed stated on signs erected in accordance with a traffic control order or a traffic ordinance of any governmental unit having authority over that highway.

(2) A person who violates this rule is responsible for a civil infraction.

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1413 Rule 413. Manner of charging violation of speed restriction. In every charge of violating a speed restriction , the complaint and traffic citation shall specify the speed at which the defendant is alleged to have driven and the speed applicable within the district or at the location {#sec-r-28.1413 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1413}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1414 Rescinded {#sec-r-28.1414 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1414}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1414a Rescinded {#sec-r-28.1414a omnilex-key=us-mi-regs-official--dept-state-police--R 28.1414a}

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History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1414b Rescinded {#sec-r-28.1414b omnilex-key=us-mi-regs-official--dept-state-police--R 28.1414b}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1415 Rescinded {#sec-r-28.1415 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1415}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1415a Rescinded {#sec-r-28.1415a omnilex-key=us-mi-regs-official--dept-state-police--R 28.1415a}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1415b Rescinded {#sec-r-28.1415b omnilex-key=us-mi-regs-official--dept-state-police--R 28.1415b}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1415c Rescinded {#sec-r-28.1415c omnilex-key=us-mi-regs-official--dept-state-police--R 28.1415c}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1415d Rescinded {#sec-r-28.1415d omnilex-key=us-mi-regs-official--dept-state-police--R 28.1415d}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1415e Rescinded {#sec-r-28.1415e omnilex-key=us-mi-regs-official--dept-state-police--R 28.1415e}

History

• History: 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1415f Rescinded {#sec-r-28.1415f omnilex-key=us-mi-regs-official--dept-state-police--R 28.1415f}

History

• History: 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1415g Rescinded {#sec-r-28.1415g omnilex-key=us-mi-regs-official--dept-state-police--R 28.1415g}

History

• History: 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1416 Rescinded {#sec-r-28.1416 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1416}

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History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1416a Rescinded {#sec-r-28.1416a omnilex-key=us-mi-regs-official--dept-state-police--R 28.1416a}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1416b Rescinded {#sec-r-28.1416b omnilex-key=us-mi-regs-official--dept-state-police--R 28.1416b}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1416c Rule 416c. Consumption of liquor on highways or on property open to public; violation as misdemeanor {#sec-r-28.1416c omnilex-key=us-mi-regs-official--dept-state-police--R 28.1416c}

(1) Alcoholic liquor shall not be consumed on a highway, street, alley, or any public or private property that is open to the general public.

(2) This rule does not apply to a premises operating under a license or permit issued pursuant to 1998 PA 58, MCL 436.1101 et seq.

(3) A person who violates this rule is guilty of a misdemeanor.

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1417 Rescinded {#sec-r-28.1417 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1417}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1418 Rescinded {#sec-r-28.1418 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1418}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1419 Rescinded {#sec-r-28.1419 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1419}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1420 Rescinded {#sec-r-28.1420 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1420}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1421 Rescinded {#sec-r-28.1421 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1421}

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History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1422 Rescinded {#sec-r-28.1422 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1422}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1423 Rescinded {#sec-r-28.1423 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1423}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1424 Rule 424. One-way roadways; violation as civil infraction {#sec-r-28.1424 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1424}

(1) On a roadway or alley that is designated and signposted for 1-way traffic, a vehicle shall be driven only in the direction designated.

(2) A person who violates this rule is responsible for a civil infraction.

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1425 Rescinded {#sec-r-28.1425 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1425}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1426 Rescinded {#sec-r-28.1426 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1426}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1427 Rescinded {#sec-r-28.1427 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1427}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1428 Rescinded {#sec-r-28.1428 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1428}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1428a Rescinded {#sec-r-28.1428a omnilex-key=us-mi-regs-official--dept-state-police--R 28.1428a}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1429 Rescinded {#sec-r-28.1429 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1429}

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History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1430 Rescinded {#sec-r-28.1430 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1430}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1431 Rescinded {#sec-r-28.1431 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1431}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1432 Rescinded {#sec-r-28.1432 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1432}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1433 Rescinded {#sec-r-28.1433 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1433}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1434 Rule 434. Limitations on turning around; violation as civil infraction {#sec-r-28.1434 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1434}

(1) The driver of any vehicle shall not turn the vehicle so as to proceed in the opposite direction on any street in a business district and shall not, on any other street, so turn a vehicle unless the movement can be made in safety and without interfering with other traffic.

(2) A person who violates this rule is responsible for a civil infraction.

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1435 Rescinded {#sec-r-28.1435 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1435}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1436 Rescinded {#sec-r-28.1436 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1436}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1436a Rescinded {#sec-r-28.1436a omnilex-key=us-mi-regs-official--dept-state-police--R 28.1436a}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1437 Rule 437. Emerging from alley, driveway, or building; violation as civil infraction {#sec-r-28.1437 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1437}

Page 27 Courtesy of www.michigan.gov/orr (1) The driver of a vehicle that is merging from an alley, driveway, or building shall stop the vehicle immediately before driving onto a sidewalk or onto the sidewalk area extending across any alleyway, shall yield the right-of-way to any pedestrian as may be necessary to avoid collision and, upon entering the roadway shall yield the right-of-way to all vehicles approaching on the roadway.

(2) A person who violates this rule is responsible for a civil infraction.

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1438 Rule 438. Entering intersection or crosswalk; obstructing traffic prohibited; violation as civil infraction {#sec-r-28.1438 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1438}

(1) A driver shall not enter an intersection or a marked crosswalk unless there is sufficient space on the other side of the intersection or crosswalk to accommodate the vehicle he or she is operating without obstructing the passage of other vehicles or pedestrians, notwithstanding any traffic-control signal indication to proceed.

(2) A person who violates this rule is responsible for a civil infraction.

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1439 Rescinded {#sec-r-28.1439 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1439}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1440 Rescinded {#sec-r-28.1440 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1440}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1440a Rescinded {#sec-r-28.1440a omnilex-key=us-mi-regs-official--dept-state-police--R 28.1440a}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1440b Rule 440b. Obstruction of vehicular traffic by successive train movements on highways or streets; violation as misdemeanor {#sec-r-28.1440b omnilex-key=us-mi-regs-official--dept-state-police--R 28.1440b}

(1) It is unlawful for a railroad company to permit successive train movements to obstruct any vehicular traffic on any public streets or highways until all vehicular traffic previously delayed by these train movements has been cleared or until a period of 5 minutes has elapsed between train movements.

(2) A railroad company that violates this rule is guilty of a misdemeanor.

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1440c Rescinded {#sec-r-28.1440c omnilex-key=us-mi-regs-official--dept-state-police--R 28.1440c}

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History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1441 Rescinded {#sec-r-28.1441 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1441}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1442 Rescinded {#sec-r-28.1442 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1442}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1443 Rescinded {#sec-r-28.1443 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1443}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1444 Rescinded {#sec-r-28.1444 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1444}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1445 Rescinded {#sec-r-28.1445 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1445}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1446 Rule 446. Drivers in a procession; violation as civil infraction {#sec-r-28.1446 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1446}

(1) Each driver in a funeral or other authorized procession shall drive as near the right-hand edge of the roadway as practical and shall follow the vehicle ahead as close as is practical and safe.

(2) A person who violates this rule is responsible for a civil infraction

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1447 Rule 447. Parades and processions; permit required; violation as misdemeanor {#sec-r-28.1447 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1447}

(1) A procession or parade, other than a procession or parade of the forces of the United States armed services, the military forces of this state, and the forces of the police and fire departments, shall not occupy, march, or proceed along any roadway, unless pursuant to a permit issued by the chief of police and unless the procession or parade is in accordance with other regulations as are set forth in this code.

(2) A person who violates this rule is guilty of a misdemeanor.

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History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1448 Rule 448. Driving on sidewalk prohibited; violation as misdemeanor {#sec-r-28.1448 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1448}

(1) The driver of a vehicle shall not drive on or within any sidewalk area, except at a driveway.

(2) A person who violates this rule is guilty of a misdemeanor.

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1449 Rule 449. Limitations on backing; violation as civil infraction {#sec-r-28.1449 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1449}

(1) The driver of a vehicle shall not back the vehicle unless the movement can be made with reasonable safety and without interfering with other traffic.

(2) A vehicle shall not be backed a distance of more than 60 feet.

(3) A vehicle shall not be backed into an intersection; except that a vehicle may be backed into an intersection when it is not otherwise possible to turn about and when the movement can be made safely without interfering with other traffic.

(4) A person who violates this rule is responsible for a civil infraction.

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1450 Rescinded {#sec-r-28.1450 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1450}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1451 Rescinded {#sec-r-28.1451 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1451}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1452 Rule 452. Driving through or over a safety zone occupied by people prohibited; violation as civil infraction {#sec-r-28.1452 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1452}

(1) The driver of a vehicle shall not at any time drive through or over a safety zone when the safety zone contains any person therein.

(2) A person who violates this rule is responsible for a civil infraction.

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1453 Rescinded {#sec-r-28.1453 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1453}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1454 Rule 454. Splashing prohibited; violation as civil infraction {#sec-r-28.1454 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1454}

Page 30 Courtesy of www.michigan.gov/orr (1) A driver of a motor vehicle shall not recklessly, willfully, wantonly, or carelessly operate his or her vehicle in a manner as to splash snow, rain, water, mud, dirt, or debris on any person who is on a sidewalk, crosswalk, or safety zone.

(2) A person who violates this rule is responsible for a civil infraction.

Editor's Note: An obvious error in R 28.1454 was corrected at the request of the promulgating agency, pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule containing the error was published in Michigan Register, 2002 MR 20. The memorandum requesting the correction was published in Michigan Register, 2003 MR 21.

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1455 Rule 455. Deposit of litter on streets prohibited; violation as misdemeanor {#sec-r-28.1455 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1455}

(1) A person shall not, without the consent of the public authority having supervision of a street, deposit, place, dump, throw, or leave, or cause or permit the dumping, depositing, placing, throwing, or leaving of, any destructive or injurious material, any rubbish, refuse, waste material, garbage, offal, paper, glass, cans, bottles, trash, or debris on any street.

(2) A person who throws or drops, or permits to be thrown or dropped, on a street any of the material or matter listed in subrule (1) of this rule shall immediately remove it or cause it to be removed.

(3) The violation of this rule is punishable as a misdemeanor.

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1455a Rule 455a. Throwing objects at or into paths of vehicles prohibited; violation as misdemeanor {#sec-r-28.1455a omnilex-key=us-mi-regs-official--dept-state-police--R 28.1455a}

(1) A person shall not knowingly cause any litter or any object to fall or to be thrown into the path of or to hit a vehicle traveling on a street.

(2) The violation of this rule is punishable by a fine of not more than $500.00 or not more than 1 year in county jail, or both. A person who violates this rule is guilty of a misdemeanor

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1455b Rescinded {#sec-r-28.1455b omnilex-key=us-mi-regs-official--dept-state-police--R 28.1455b}

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History

• History: 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1456 Rule 456. Removal of wrecked or damaged vehicles; violation as misdemeanor {#sec-r-28.1456 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1456}

(1) A person who removes a wrecked or damaged vehicle from a street shall remove any glass or other injurious substance dropped on the street from the vehicle.

(2) The violation of this rule is punishable as a misdemeanor.

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1457 Rescinded {#sec-r-28.1457 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1457}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1458 Rescinded {#sec-r-28.1458 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1458}

History

• History: 1979 AC; 1981 AACS; 2002 AACS; 2017 AACS.

Mich. Admin. Code R 28.1459 Rescinded {#sec-r-28.1459 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1459}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1460 Rescinded {#sec-r-28.1460 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1460}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1461 Rescinded {#sec-r-28.1461 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1461}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1462 Rescinded {#sec-r-28.1462 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1462}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1462a Rescinded {#sec-r-28.1462a omnilex-key=us-mi-regs-official--dept-state-police--R 28.1462a}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1463 Rescinded {#sec-r-28.1463 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1463}

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History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1463a Rescinded {#sec-r-28.1463a omnilex-key=us-mi-regs-official--dept-state-police--R 28.1463a}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1464 Rescinded {#sec-r-28.1464 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1464}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1465 Rescinded {#sec-r-28.1465 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1465}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1466 Rescinded {#sec-r-28.1466 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1466}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1467 Rescinded {#sec-r-28.1467 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1467}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1468 Rescinded {#sec-r-28.1468 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1468}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1469 Rescinded {#sec-r-28.1469 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1469}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1470 Rescinded {#sec-r-28.1470 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1470}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1470a Rescinded {#sec-r-28.1470a omnilex-key=us-mi-regs-official--dept-state-police--R 28.1470a}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1471 Rescinded {#sec-r-28.1471 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1471}

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History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1471a Rescinded {#sec-r-28.1471a omnilex-key=us-mi-regs-official--dept-state-police--R 28.1471a}

History

• History: 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1472 Rescinded {#sec-r-28.1472 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1472}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1473 Rescinded {#sec-r-28.1473 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1473}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1473a Rescinded {#sec-r-28.1473a omnilex-key=us-mi-regs-official--dept-state-police--R 28.1473a}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1474 Rescinded {#sec-r-28.1474 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1474}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1475 Rescinded {#sec-r-28.1475 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1475}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1476 Rescinded {#sec-r-28.1476 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1476}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1477 Rescinded {#sec-r-28.1477 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1477}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1477a Rescinded {#sec-r-28.1477a omnilex-key=us-mi-regs-official--dept-state-police--R 28.1477a}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1478 Rescinded {#sec-r-28.1478 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1478}

Page 34 Courtesy of www.michigan.gov/orr

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1478a Rescinded {#sec-r-28.1478a omnilex-key=us-mi-regs-official--dept-state-police--R 28.1478a}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1479 Rescinded {#sec-r-28.1479 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1479}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1480 Rescinded {#sec-r-28.1480 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1480}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1480a Rescinded {#sec-r-28.1480a omnilex-key=us-mi-regs-official--dept-state-police--R 28.1480a}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1481 Rescinded {#sec-r-28.1481 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1481}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1482 Rescinded {#sec-r-28.1482 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1482}

History

• History: 1979 AC; 1981 AACS; 1997 AACS.

Mich. Admin. Code R 28.1483 Rescinded {#sec-r-28.1483 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1483}

History

• History: 1979 AC; 1981 AACS; 1997 AACS.

Mich. Admin. Code R 28.1484 Rescinded {#sec-r-28.1484 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1484}

History

• History: 1979 AC; 1981 AACS; 1997 AACS.

Mich. Admin. Code R 28.1485 Rescinded {#sec-r-28.1485 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1485}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1486 Rescinded {#sec-r-28.1486 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1486}

Page 35 Courtesy of www.michigan.gov/orr

History

• History: 1979 AC; 1981 AACS; 1997 AACS.

Mich. Admin. Code R 28.1486a Rescinded {#sec-r-28.1486a omnilex-key=us-mi-regs-official--dept-state-police--R 28.1486a}

History

• History: 1979 AC; 1981 AACS; 1997 AACS.

Mich. Admin. Code R 28.1487 Rescinded {#sec-r-28.1487 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1487}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1487a Rescinded {#sec-r-28.1487a omnilex-key=us-mi-regs-official--dept-state-police--R 28.1487a}

History

• History: 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1488 Rescinded {#sec-r-28.1488 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1488}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1489 Rescinded {#sec-r-28.1489 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1489}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1490 Rescinded {#sec-r-28.1490 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1490}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1490a Rule 490a. Operation of vehicle with unnecessary noise prohibited; violation as civil infraction {#sec-r-28.1490a omnilex-key=us-mi-regs-official--dept-state-police--R 28.1490a}

(1) A person shall not operate a motor vehicle with unnecessary noise and shall not start, move, or turn a motor vehicle or apply the brakes or the power on a motor vehicle or in any manner operate the vehicle so as to cause the tires to squeal or the tires or vehicle to make any noise not usually connected with the operation of the motor vehicle, except in case of an emergency.

(2) A person who violates this rule is responsible for a civil infraction.

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1491 Rescinded {#sec-r-28.1491 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1491}

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History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1492 Rescinded {#sec-r-28.1492 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1492}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1493 Rule 493. Display on vehicle of official designation, sign, or insignia prohibited; violation as misdemeanor {#sec-r-28.1493 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1493}

(1) An owner shall not display on any part of his or her vehicle, or knowingly permit the display of, any official designation, sign, or insignia of any public or quasi-public corporation; municipal, state, or national department; or government subdivision without authority of the agency.

(2) A person who violates this rule is guilty of a misdemeanor.

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1494 Rescinded {#sec-r-28.1494 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1494}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1495 Rescinded {#sec-r-28.1495 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1495}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1496 Rescinded {#sec-r-28.1496 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1496}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1497 Rescinded {#sec-r-28.1497 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1497}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1498 Rule 498. Opening vehicle doors so as to impede traffic prohibited; violation as civil infraction {#sec-r-28.1498 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1498}

(1) A person shall not open a door of a vehicle in a manner that interferes with or impedes the flow of traffic.

(2) A person who violates this rule is responsible for a civil infraction.

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History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1498a Rescinded {#sec-r-28.1498a omnilex-key=us-mi-regs-official--dept-state-police--R 28.1498a}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1499 Rescinded {#sec-r-28.1499 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1499}

PART 6. OPERATION OF BICYCLES, MOTORCYCLES, MOPEDS, AND

TOY VEHICLES

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1601 Rescinded {#sec-r-28.1601 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1601}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1602 Rescinded {#sec-r-28.1602 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1602}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1603 Rule 603. Bicycles; ordinances applicable {#sec-r-28.1603 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1603}

The provisions of this code that are applicable to bicycles shall apply when a bicycle is operated on any street or on any public path set aside for the exclusive use of bicycles, subject to those exceptions stated in this code.

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1604 Rescinded {#sec-r-28.1604 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1604}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1604a Rescinded {#sec-r-28.1604a omnilex-key=us-mi-regs-official--dept-state-police--R 28.1604a}

History

• History: 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1605 Rescinded {#sec-r-28.1605 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1605}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1606 Rescinded {#sec-r-28.1606 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1606}

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History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1607 Rule 607. Obedience to pedestrian regulations when dismounted from a bicycle {#sec-r-28.1607 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1607}

When authorized signs are erected that indicate that right, left, or U-turns are not permitted, a person who operates a bicycle shall obey the direction of the sign, except where the person dismounts from the bicycle to make the turn, in which event the person shall then obey the regulations applicable to pedestrians.

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1608 Rescinded {#sec-r-28.1608 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1608}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1609 Rescinded {#sec-r-28.1609 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1609}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1610 Rescinded {#sec-r-28.1610 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1610}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1611 Rescinded {#sec-r-28.1611 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1611}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1612 Rescinded {#sec-r-28.1612 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1612}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1613 Rescinded {#sec-r-28.1613 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1613}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1614 Rescinded {#sec-r-28.1614 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1614}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1615 Rule 615. Emerging from alley, driveway, or building; yielding right-of-way; violation as civil infraction {#sec-r-28.1615 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1615}

Page 39 Courtesy of www.michigan.gov/orr (1) The operator of a bicycle who emerges from an alley, driveway, or building shall, upon approaching a sidewalk or the sidewalk area extending across any alleyway, yield the right-of-way to all pedestrians approaching on the sidewalk area and, upon entering the roadway, shall yield the right-of-way to all vehicles approaching on the roadway.

(2) A person who violates this rule is responsible for a civil infraction.

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1616 Rescinded {#sec-r-28.1616 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1616}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1617 Rule 617. Bicycles; parking on sidewalk; violation as civil infraction {#sec-r-28.1617 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1617}

(1) A person shall not park a bicycle on a sidewalk where bicycle parking is prohibited by official traffic control devices. A person shall not park a bicycle on a sidewalk in a manner that would unreasonably obstruct pedestrian or other traffic.

(2) A person who violates this rule is responsible for a civil infraction.

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1617a Rule 617a. Bicycles; parking on roadway; violation as civil infraction {#sec-r-28.1617a omnilex-key=us-mi-regs-official--dept-state-police--R 28.1617a}

(1) Notwithstanding the provisions of part 8 of this code, and unless prohibited or restricted bytraffic-control devices, a bicycle may be parked as follows:

(a) On the roadway at an angle to the curb or edge of the roadway at any location where the parkingof vehicles is allowed.

(b) On the roadway abreast of another bicycle near the side of the roadway at any location where the parking of vehicles is allowed.

(2) In all other respects, a bicycle parked anywhere on a street shall conform with the provisions of part 8 of this code that regulates the parking of vehicles.

(3) A person who violates this rule is responsible for a civil infraction.

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1618 Rule 618. Obedience to signs prohibiting riding of bicycles; violation as civil infraction {#sec-r-28.1618 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1618}

(1) When a sign is erected on a sidewalk that prohibits the riding of bicycles thereon by any person, a person shall obey the sign.

(2) A person who violates this rule is responsible for a civil infraction.

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History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1619 Rescinded {#sec-r-28.1619 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1619}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1620 Rescinded {#sec-r-28.1620 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1620}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1621 Rescinded {#sec-r-28.1621 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1621}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1622 Rescinded {#sec-r-28.1622 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1622}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1623 Rescinded {#sec-r-28.1623 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1623}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1623a Rescinded {#sec-r-28.1623a omnilex-key=us-mi-regs-official--dept-state-police--R 28.1623a}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1624 Rescinded {#sec-r-28.1624 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1624}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1625 Rescinded {#sec-r-28.1625 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1625}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1626 Rescinded {#sec-r-28.1626 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1626}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1627 Rescinded {#sec-r-28.1627 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1627}

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PART 7. PEDESTRIANS' RIGHTS AND DUTIES

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1701 Rule 701. Pedestrians; traffic-control signals; privileges and restricts; violation as civil infraction {#sec-r-28.1701 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1701}

(1) Pedestrians are subject to traffic-control signals at intersections as provided in section 613 of the act and part 4 of this code. At all other places, pedestrians shall be accorded the privileges, and shall be subject to the restrictions, stated in this part.

(2) A person who violates this rule is responsible for a civil infraction.

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1702 Rule 702. Pedestrians; right-of-way in crosswalk; violation as civil infraction {#sec-r-28.1702 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1702}

(1) When traffic-control signals are not in place or are not in operation, the driver of a vehicle shall yield the right-of-way, slowing down or stopping if need be to so yield, to a pedestrian crossing the roadway within a crosswalk when the pedestrian is on the half of the roadway on which the vehicle is traveling or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger, but a pedestrian shall not suddenly leave a curb or other place of safety and walk or run into a path of a vehicle that is so close that it is impossible for the driver to yield.

(2) A person who violates this rule is responsible for a civil infraction.

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1703 Rule 703. Passing vehicle stopped at intersection to permit pedestrian to cross prohibited; violation as civil infraction {#sec-r-28.1703 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1703}

(1) When any vehicle is stopped at a marked crosswalk or at any unmarked crosswalk at an intersection to permit a pedestrian to cross the roadway, the driver of any other vehicle approaching from the rear shall not overtake and pass the stopped vehicle.

(2) A person who violates this rule is responsible for a civil infraction.

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1703a Rescinded {#sec-r-28.1703a omnilex-key=us-mi-regs-official--dept-state-police--R 28.1703a}

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History

• History: 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1705 Rule 705. Crossing roadway at right angles to curb required; violation as civil infraction {#sec-r-28.1705 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1705}

(1) A pedestrian shall not, except in a marked crosswalk, cross a roadway at any other place than by a route at right angles to the curb or by the shortest route to the opposite curb.

(2) A person who violates this rule is responsible for a civil infraction.

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1706 Rule 706. Pedestrians; yielding right-of-way; violation as civil infraction {#sec-r-28.1706 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1706}

(1) Every pedestrian who crosses a roadway at any point other than within a marked crosswalk at an intersection shall yield the right-of-way to all vehicles on the roadway.

(2) A person who violates this rule is responsible for a civil infraction.

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1707 Rule 707. Pedestrians; yielding right-of-way where tunnel or overhead crossing provided; violation as civil infraction {#sec-r-28.1707 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1707}

(1) Any pedestrian who crosses a roadway at a point where a pedestrian tunnel or overhead pedestrian crossing has been provided shall yield the right-of-way to all vehicles on the roadway, if signs prohibiting the crossing of the roadway by pedestrians at that point are in place.

(2) A person who violates this rule is responsible for a civil infraction.

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1708 Rule 708. Pedestrians; yielding right-of-way to emergency vehicles; violation as civil infraction {#sec-r-28.1708 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1708}

(1) A pedestrian shall yield the right-of-way to an authorized emergency vehicle under the conditions prescribed in the Act.

(2) A person who violates this rule is responsible for a civil infraction.

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1709 Rule 709. Pedestrians; crossing between adjacent intersections; violation as civil infraction {#sec-r-28.1709 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1709}

(1) Where traffic-control signals are in operation, pedestrians shall not cross the roadway except in a marked crosswalk.

(2) A person who violates this rule is responsible for a civil infraction.

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History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1710 Rule 710. Pedestrians; crossing roadway in business district; violation as civil infraction {#sec-r-28.1710 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1710}

(1)In any business district, a pedestrian shall not cross a roadway other than in a crosswalk.

(2) A person who violates this rule is responsible for a civil infraction.

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1711 Rule 711. Pedestrians; obedience to bridge and railroad barriers; violation as civil infraction {#sec-r-28.1711 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1711}

(1) A pedestrian shall not pass through, around, over, or under any crossing gate or barrier at a railroad grade crossing or bridge while the gate or barrier is closed or is being opened or closed.

(2) A person who violates this rule is responsible for a civil infraction.

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1712 Rescinded {#sec-r-28.1712 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1712}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1713 Rule 713. Pedestrians; soliciting ride, employment, or business in roadway prohibited; violation as civil infraction {#sec-r-28.1713 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1713}

(1) A person shall not stand in a roadway for the purpose of soliciting a ride, employment, or business from the occupant of any vehicle.

(2) A person who violates this rule is responsible for a civil infraction.

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1714 Rule 714. Pedestrians; soliciting the watching or guarding of vehicle in street or highway prohibited; violation as civil infraction {#sec-r-28.1714 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1714}

(1) A person shall not stand on or in proximity to a street or highway for the purpose of soliciting the watching or guarding of any vehicle while parked or about to be parked on a street or highway.

(2) A person who violates this rule is responsible for a civil infraction.

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1715 Rule 715. Stopping for blind pedestrians; violation as misdemeanor {#sec-r-28.1715 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1715}

Page 44 Courtesy of www.michigan.gov/orr (1) Any driver of a vehicle who approaches within 10 feet of a person who is wholly or partially blind, who is carrying a cane or walking stick that is white or white tipped with red, or who is being led by a guide dog wearing a harness and walking on either side, or slightly in front, of the blind person shall immediately come to a full stop and shall take precautions before proceeding as may be necessary to avoid accident or injury to the wholly or partially blind person.

(2) A person who violates this rule is guilty of a misdemeanor.

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1716 Rule 716. Drivers; exercising due care; violation as civil infraction {#sec-r-28.1716 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1716}

(1) Notwithstanding the foregoing provisions of this part, every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian on any roadway, shall give warning by sounding the horn when necessary, and shall exercise proper precaution upon observing any child or any confused or incapacitated person on a roadway.

(2) A person who violates this rule is responsible for a civil infraction.

PART 8. STOPPING, STANDING, AND PARKING

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1801 Rule 801. Standing or parking close to curb; violation as civil infraction {#sec-r-28.1801 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1801}

(1) A person shall not stand or park a vehicle in a roadway other than parallel with the edge of the roadway, headed in the direction of lawful traffic movement, and with the right-hand wheels of the vehicle within 12 inches of the curb or edge of the roadway, except as otherwise provided in this part.

(2) A person who violates this rule is responsible for a civil infraction.

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1802 Rule 802. Parking on 1-way streets; violation as civil infraction {#sec-r-28.1802 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1802}

(1) Vehicles may park with the left-hand wheels adjacent to, and within 12 inches of, the left-hand curb of properly signed 1-way streets.

(2) A person who violates this rule is responsible for a civil infraction.

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1803 Rule 803. Stopping, standing, or parking on streets signed for angle parking; violation as civil infraction {#sec-r-28.1803 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1803}

(1) On those streets that have been signed or marked for angle parking, a person shall not stop, stand, or park a vehicle other than at the angle to the curb or edge of the roadway indicated by the signs or markings.

Page 45 Courtesy of www.michigan.gov/orr (2) A person who violates this rule is responsible for a civil infraction.

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1804 Rule 804. Violating terms of permit for backing vehicle to load or unload at a curb prohibited; violation as civil infraction {#sec-r-28.1804 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1804}

(1) It is unlawful for any permittee or any other person to violate any of the special terms or conditions of any special permit issued to permit the backing of a vehicle to the curb for the purpose of loading or unloading.

(2) A person who violates this rule is responsible for a civil infraction.

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1805 Rescinded {#sec-r-28.1805 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1805}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1806 Rule 806. Vehicle starting from parked position; violation as civil infraction {#sec-r-28.1806 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1806}

(1) A vehicle starting from a parked position shall yield to moving vehicles the right-of-way, and the operator of the vehicle shall give a timely and visible warning signal before so starting.

(2) A person who violates this rule is responsible for a civil infraction.

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1807 Rule 807. Vehicle parked at angle to curb and about to start; yielding right-of-way; backing into lane of moving traffic; violation as civil infraction {#sec-r-28.1807 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1807}

(1) A vehicle that is parked at an angle to the curb and that is about to start shall yield to moving vehicles the right-of-way, and the operator of the vehicle shall not back the vehicle from the curb into the lane of moving traffic unless the maneuver can be made in safety and without conflict with moving vehicles.

(2) A person who violates this rule is responsible for a civil infraction.

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1808 Rescinded {#sec-r-28.1808 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1808}

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History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1809 Rule 809. Headlights on parked vehicles; violation as civil infraction {#sec-r-28.1809 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1809}

(1) Any lighted headlights on a parked vehicle shall be depressed or dimmed.

(2) A person who violates this rule is responsible for a civil infraction.

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1810 Rescinded {#sec-r-28.1810 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1810}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1811 Rescinded {#sec-r-28.1811 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1811}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1812 Rescinded {#sec-r-28.1812 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1812}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1813 Rule 813. Parking in alley prohibited; exception; stopping or standing in alley prohibited; exception; violation as civil infraction {#sec-r-28.1813 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1813}

(1) A person shall not park a vehicle in an alley, except when authorized by official signs. A person shall not stop or stand a vehicle in any alley, except while actually in the process of loading or unloading the vehicle.

(2) A person who violates this rule is responsible for a civil infraction.

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1814 Rule 814. Parking for certain purposes prohibited; violation as civil infraction {#sec-r-28.1814 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1814}

(1) A person shall not park a vehicle on any street for the principal purpose of doing any of the following:

(a) Displaying the vehicle for sale.

(b) Washing, polishing, greasing, or repairing the vehicle, except for repairs necessitated by an emergency.

(c) Displaying advertising.

(d) Selling merchandise from the vehicle, except in a duly established market place or when so authorized or licensed under the ordinances of this governmental unit.

(e) Storage for more than 48 continuous hours.

(2) A person who violates this rule is responsible for a civil infraction.

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History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1815 Rule 815. Standing or parking on 1-way roadways prohibited; exception; violation as civil infraction {#sec-r-28.1815 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1815}

(1) If a street includes 2 or more separate roadways and traffic is restricted to 1 direction on the roadway, a person shall not stand or park a vehicle on the left-hand side of the 1-way roadway, unless signs are erected to permit that standing or parking.

(2) A person who violates this rule is responsible for a civil infraction.

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1816 Rescinded {#sec-r-28.1816 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1816}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1817 Rescinded {#sec-r-28.1817 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1817}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1818 Rule 818. Temporary stop at freight curb loading zone permitted; violation as civil infraction {#sec-r-28.1818 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1818}

(1) The driver of a vehicle may stop temporarily at a place marked as a freight curb loading zone for the purpose of, and while actually engaged in, loading or unloading passengers, if the stopping does not interfere with any motor vehicle used for the transportation of materials, which is waiting to enter or about to enter the zone.

(2) A person who violates this rule is responsible for a civil infraction.

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1819 Rule 819. Stopping, standing, or parking of buses and taxicabs restricted; exception; violation as civil infraction {#sec-r-28.1819 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1819}

(1) The operator of a bus or taxicab shall not stop, stand, or park on any street in any business district at any place other than at a bus stop or taxicab stand, respectively, except that this provision does not prevent the operator of the vehicle from temporarily stopping in accordance with other stopping, standing, or parking regulations at any place for the purpose of, and while engaged in, the expeditious unloading or loading of passengers.

(2) A person who violates this rule is responsible for a civil infraction.

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History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1820 Rule 820. Restricted use of bus and taxicab stands; violation as civil infraction {#sec-r-28.1820 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1820}

(1) A person shall not stop, stand, or park a vehicle other than a bus in a bus stop or other than a taxicab in a taxicab stand when the stop or stand has been officially designated and appropriately signed, except that the driver of a passenger vehicle may temporarily stop therein for the purpose of, and while actually engaged in, the expeditious loading or unloading of passengers, if the stopping does not interfere with any bus or taxicab waiting to enter or about to enter the zone.

(2) A person who violates this rule is responsible for a civil infraction.

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1821 Rule 821. Metered parking zones; violation as civil infraction {#sec-r-28.1821 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1821}

(1) When a parking meter is erected adjacent to a space marked for parking, the space shall be a metered parking zone, and a person shall not stop a vehicle in this zone for a period of time longer than that designated on the parking meter after depositing a coin of United States currency of a denomination designated on the meter on the days and during the time the regulations on the meter are in force.

(2) A person who violates this rule is responsible for a civil infraction.

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1822 Rule 822. Drivers to park within metered parking spaces; violation as civil infraction {#sec-r-28.1822 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1822}

(1) Every vehicle shall be parked wholly within the metered parking space for which the meter shows a parking privilege has been granted, except that a vehicle that is too large to be parked within a single designated parking meter zone shall be permitted to occupy 2 adjoining parking meter spaces if coins are deposited in the parking meter for each space occupied, as required in this code for the parking of other vehicles in that space.

(2) A person who violates this rule is responsible for a civil infraction.

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1823 Rescinded {#sec-r-28.1823 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1823}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1823a Rescinded {#sec-r-28.1823a omnilex-key=us-mi-regs-official--dept-state-police--R 28.1823a}

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History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1823b Rescinded {#sec-r-28.1823b omnilex-key=us-mi-regs-official--dept-state-police--R 28.1823b}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1824 Rescinded {#sec-r-28.1824 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1824}

PART 9. MISCELLANEOUS

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1901 Rule 901. Short title {#sec-r-28.1901 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1901}

This code shall be known and cited as the "Uniform Traffic Code."

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1902 Rule 902. Invalidity or unconstitutionality of code; severability {#sec-r-28.1902 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1902}

If any part or parts of the Act or this code are for any reason held to be invalid or unconstitutional, the decision shall not affect the validity or constitutionality of the remaining portions of these rules. The ordinance-making body hereby declares that it would have passed this code and each part or parts thereof, irrespective of the fact that any 1 part or parts be declared invalid or unconstitutional.

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1903 Rule 903. Penalties; civil infraction and misdemeanor {#sec-r-28.1903 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1903}

(1) Civil infraction: A violation of this code or rules substantially corresponding to the Act that is designated a civil infraction is not a crime and shall not be punishable by imprisonment or a penal fine. A civil infraction shall not be considered a lesser included offense of any criminal offense.

(2) Misdemeanor: Unless another penalty is expressly provided by the ordinances of this governmental unit, every person who is convicted of a misdemeanor violation of any provision of this code shall be punished by a fine of not more than $100.00 or by imprisonment for not more than 90 days, or both.

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1904 Rule 904. Saving clause {#sec-r-28.1904 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1904}

All proceedings pending and all rights and liabilities existing, acquired, or incurred at the time this code takes effect are hereby saved, and these proceedings may be consummated under and according to the ordinance in force at the time the proceedings Page 50 Courtesy of www.michigan.gov/orr are or were commenced. This code shall not be construed to alter, affect, or abate any pending prosecution or prevent prosecution hereafter instituted under any ordinance specifically or impliedly repealed by the ordinance adopting this uniform traffic code for offenses committed before the effective date of this code; and all prosecutions pending at the effective date of this code and all prosecutions instituted after the effective date of this code for offenses committed before the effective date of this code may be continued or instituted under and in accordance with the provisions of any ordinance in force at the time of the commission of the offense.

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.1905 Rule 905. Adoption of code by reference {#sec-r-28.1905 omnilex-key=us-mi-regs-official--dept-state-police--R 28.1905}

If the commissioner of the state police shall thereafter amend its code, any city, township, or village that has adopted the code by reference may adopt the amendment by reference by the same procedure as required for the adoption of the original code, or the amendment may be adopted by enacting an ordinance setting forth the entire text of the amendment.

PART 10. SNOWMOBILES

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.2001 Rescinded {#sec-r-28.2001 omnilex-key=us-mi-regs-official--dept-state-police--R 28.2001}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.2011 Rescinded {#sec-r-28.2011 omnilex-key=us-mi-regs-official--dept-state-police--R 28.2011}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.2012 Rescinded {#sec-r-28.2012 omnilex-key=us-mi-regs-official--dept-state-police--R 28.2012}

History

• History: 1979 AC; 2002 AACS.

Mich. Admin. Code R 28.2013 Rescinded {#sec-r-28.2013 omnilex-key=us-mi-regs-official--dept-state-police--R 28.2013}

History

• History: 1979 AC; 2002 AACS.

Mich. Admin. Code R 28.2014 Rescinded {#sec-r-28.2014 omnilex-key=us-mi-regs-official--dept-state-police--R 28.2014}

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History

• History: 1979 AC; 2002 AACS.

Mich. Admin. Code R 28.2021 Rescinded {#sec-r-28.2021 omnilex-key=us-mi-regs-official--dept-state-police--R 28.2021}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.2022 Rescinded {#sec-r-28.2022 omnilex-key=us-mi-regs-official--dept-state-police--R 28.2022}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.2023 Rescinded {#sec-r-28.2023 omnilex-key=us-mi-regs-official--dept-state-police--R 28.2023}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.2031 Rescinded {#sec-r-28.2031 omnilex-key=us-mi-regs-official--dept-state-police--R 28.2031}

History

• History: 1979 AC; 2002 AACS.

Mich. Admin. Code R 28.2032 Rescinded {#sec-r-28.2032 omnilex-key=us-mi-regs-official--dept-state-police--R 28.2032}

History

• History: 1979 AC; 2002 AACS.

Mich. Admin. Code R 28.2033 Rescinded {#sec-r-28.2033 omnilex-key=us-mi-regs-official--dept-state-police--R 28.2033}

History

• History: 1979 AC; 2002 AACS.

Mich. Admin. Code R 28.2034 Rescinded {#sec-r-28.2034 omnilex-key=us-mi-regs-official--dept-state-police--R 28.2034}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.2035 Rescinded {#sec-r-28.2035 omnilex-key=us-mi-regs-official--dept-state-police--R 28.2035}

History

• History: 1979 AC; 2002 AACS.

Mich. Admin. Code R 28.2036 Rescinded {#sec-r-28.2036 omnilex-key=us-mi-regs-official--dept-state-police--R 28.2036}

History

• History: 1979 AC; 2002 AACS.

Mich. Admin. Code R 28.2037 Rescinded {#sec-r-28.2037 omnilex-key=us-mi-regs-official--dept-state-police--R 28.2037}

Page 52 Courtesy of www.michigan.gov/orr

History

• History: 1979 AC; 2002 AACS.

Mich. Admin. Code R 28.2038 Rescinded {#sec-r-28.2038 omnilex-key=us-mi-regs-official--dept-state-police--R 28.2038}

History

• History: 1979 AC; 2002 AACS.

Mich. Admin. Code R 28.2039 Rescinded {#sec-r-28.2039 omnilex-key=us-mi-regs-official--dept-state-police--R 28.2039}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.2040 Rescinded {#sec-r-28.2040 omnilex-key=us-mi-regs-official--dept-state-police--R 28.2040}

History

• History: 1979 AC; 2002 AACS.

Mich. Admin. Code R 28.2041 Rescinded {#sec-r-28.2041 omnilex-key=us-mi-regs-official--dept-state-police--R 28.2041}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.2051 Rescinded {#sec-r-28.2051 omnilex-key=us-mi-regs-official--dept-state-police--R 28.2051}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.2060 Rescinded {#sec-r-28.2060 omnilex-key=us-mi-regs-official--dept-state-police--R 28.2060}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.2061 Rescinded {#sec-r-28.2061 omnilex-key=us-mi-regs-official--dept-state-police--R 28.2061}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.2071 Rescinded {#sec-r-28.2071 omnilex-key=us-mi-regs-official--dept-state-police--R 28.2071}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.2072 Rescinded {#sec-r-28.2072 omnilex-key=us-mi-regs-official--dept-state-police--R 28.2072}

History

• History: 1979 AC; 2002 AACS.

Mich. Admin. Code R 28.2073 Rescinded {#sec-r-28.2073 omnilex-key=us-mi-regs-official--dept-state-police--R 28.2073}

Page 53 Courtesy of www.michigan.gov/orr

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.2074 Rescinded {#sec-r-28.2074 omnilex-key=us-mi-regs-official--dept-state-police--R 28.2074}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Mich. Admin. Code R 28.2075 Rescinded {#sec-r-28.2075 omnilex-key=us-mi-regs-official--dept-state-police--R 28.2075}

History

• History: 1979 AC; 1981 AACS; 2002 AACS.

Forensic Science Division Forensic Science Division

R 28.5051 to R 28.5059 DNA Profiling System

Mich. Admin. Code R 28.5051 Definitions {#sec-r-28.5051 omnilex-key=us-mi-regs-official--dept-state-police--R 28.5051}

DEPARTMENT OF STATE POLICE

FORENSIC SCIENCE DIVISION

DNA PROFILING SYSTEM

(By authority conferred on the department of state police by section 3 of 1990 PA 250, MCL 28.173)

Rule 1. As used in these rules:

(a) "CODIS" means the federal bureau of investigation's combined DNA Index System.

(b) "Offender" means an individual who is required to provide a DNA sample for a qualifying offense at arrest or upon conviction or a finding of responsibility under 1931 PA 328, MCL 750.520m and 1990 PA 250, MCL 28.176(1) or any other applicable law.

(c) "Sample" means a source of cellular DNA that is collected using the DNA collection kit provided by the department.

(d) "Upon conviction" means within a reasonable time after conviction and sentencing or disposition, but before the offender's release or transfer from state or county custody, as applicable.

(e) "At arrest" means within a reasonable time after arrest, typically during the booking process.

(f) "Designated agency" means the law enforcement agency that is responsible for the sample collection and transmittal of the sample to the department.

(g) "DNA" means deoxyribonucleic acid, the heredity material contained in nuclear cells.

(h) "Department" means the Michigan department of state police.

(i) "Qualifying offense" means those offenses for which an individual provides a sample for DNA testing as required by law at arrest, upon conviction, or upon a finding of responsibility.

(j) "Profile" means the results of the DNA identification profiling of a sample, including a paper, electronic, or digital record.

History

• History: 1995 AACS; 1998 AACS; 2011 AACS.

Mich. Admin. Code R 28.5052 Applicability {#sec-r-28.5052 omnilex-key=us-mi-regs-official--dept-state-police--R 28.5052}

Rule 2. These rules apply to the collecting of samples from the following individuals:

(a) Offenders who are arrested for a qualifying offense under 1931 PA 328, MCL 750.520m(1)(a).

(b) Offenders who are convicted of a qualifying offense under 1990 PA 250, MCL 28.176(1)(b).

(c) Offenders who are prisoners and have not already provided a sample as required by 1953 PA 232, MCL 791.233d(1) that meets the requirements of these rules.

(d) Juvenile offenders who are found responsible for a qualifying offense under 1990 PA 250, MCL 28.176(1)(a) and 1939 PA 288, MCL 712A.18k.

(e) Juvenile offenders who are under the supervision of the state department or county juvenile agency under 1988 PA 73, MCL 803.225a and have not already provided a sample that meets the requirements of these rules.

(f) Juvenile offenders who are public wards under 1974 PA 150, MCL 803.307a(1) and have not already provided a sample that meets the requirements of these rules.

History

• History: 1995 AACS; 1998 AACS; 2011 AACS.

Mich. Admin. Code R 28.5053 Responsibility for collecting samples {#sec-r-28.5053 omnilex-key=us-mi-regs-official--dept-state-police--R 28.5053}

Rule 3. (1) The department shall provide DNA collection kits to each designated agency. Each designated agency shall contact the department to order DNA collection kits. Each agency shall designate a point of contact correspond with the department regarding matters concerning DNA collection. Each agency shall notify the department of the designated point of contact's name, address, and telephone number at which the department may direct correspondence to the point of contact regarding matters concerning DNA collection. If the designated point of contact has an e-mail address, the address shall also be provided to the department.

(2) DNA collection kits shall be only used for collecting samples from offenders.

DNA collection kits shall not be used to collect evidentiary samples for submission in criminal cases.

(3) The designated agency shall provide gloves to the individual performing the collection. The individual performing the collection shall wear gloves at all times while performing sample collection and packaging.

(4) Each designated agency shall determine if a DNA sample is already on file for the offender through the criminal history record. DNA samples shall not be collected when the criminal history record indicates a DNA sample has previously been obtained from the offender.

(5) If a determination is made that sample collection from the offender is required, then the following shall apply as to the designated agencies:

(a) When applicable law requires sample collection upon arrest of an offender, the investigating law enforcement agency is the designated agency. The collection of a sample from the offender and transmittal of the sample to the department shall be completed within 30 days of the arrest.

(b) When applicable law requires sample collection upon conviction or a finding of responsibility, unless otherwise ordered by the court, the investigating law enforcement agency is the designated agency. If the designated investigating law enforcement agency does not collect a sample from the offender within 15 days of conviction or finding of responsibility, the county sheriff is then the designated agency for collection unless otherwise ordered by the court. If a sample has not already been collected, collection of a sample from the offender and transmittal of the sample to the department shall occur before any transfer or release of the offender, whatever the terms of incarceration. If theoffender will be incarcerated for more than 30 days, the collection of a sample from the offender and transmittal of the sample to the department shall be completed within 30 days of the conviction or finding of responsibility.

(c) When applicable law requires sample collection before release from serving a term of incarceration in a facility under the control of the county sheriff, the county sheriff is the designated agency. If a sample has not already been collected, collection of a sample from the offender and transmittal of the sample to the department shall occur before any transferor release of the offender, whatever the term of incarceration. If the offender will be incarcerated for more than 90 days, the collection of a sample from the offender and transmittal of the sample to the department shall be completed 90 days prior to the offender's release.

(d) When applicable law requires sample collection from an offender and the offender is transferred into a facility under the control of the Michigan department of corrections to serve a term of incarceration, the Michigan department of corrections is the designated agency. If the sample has not already been collected, collection of a sample from the offender and transmittal of the sample to the department shall occur before release of the offender, whatever the term of incarceration. If the offender will be incarcerated for more than 90 days, the collection of a sample from the offender and transmittal of the sample to the department shall be completed within 90 days of receipt of the offender into the facility.

(e) When applicable law requires sample collection from an offender and the offender is serving a term of incarceration in a facility under the control of the Michigan department of corrections, the Michigan department of corrections is the designated agency. If a sample has not already been collected, collection of a sample from the offender and transmittal of the sample to the department shall occur before release of the offender, whatever the term of incarceration. If the offender will be incarcerated for more than 1 year, the collection of a sample from the offender and transmittal of the sample to the department shall be completed a minimum of 1 year prior to the offender's release.

(f) When applicable law requires sample collection from an offender and the offender is placed under the supervision of a state department or county juvenile agency or is declared a public ward, the investigating law enforcement agency is the designated agency. Collection of a sample from the offender and transmittal of the sample to the department shall occur before any transfer or discharge from wardship, whatever the term of supervision. If the offender will be under supervision for more than 30 days, the collection of a sample from the offender and transmittal of the sample to the department shall be completed within 30 days of the offender being placed under supervision.

History

• History: 1995 AACS; 1998 AACS; 2011 AACS.

Mich. Admin. Code R 28.5054 Procedures for sample collection {#sec-r-28.5054 omnilex-key=us-mi-regs-official--dept-state-police--R 28.5054}

Rule 4. (1) An offender shall be positively identified by the designated agency or its designee before the samples are taken. The state identification number associated with the offender, if there is an assigned state identification number, shall be used for this purpose and recorded in the specified area on the DNA collection card.

(2) After the offender is positively identified, the designated agency shall collect samples from the offender according to the collection instructions included in the DNA collection kit. The sample collection shall be performed by the designated agency or its designee; however, the designee shall not be the offender. The designated agency shall provide gloves to the individual performing the collection. The individual performing the collection shall wear gloves at all times while performing sample collection and packaging.

(3) Only the DNA collection kit provided by the department shall be used to collect samples.

(4) The DNA collection card shall be completed by the designated agency prior to beginning sample collection. All relevant information requested on the DNA collection card shall be provided. The DNA collection card shall bear the fingerprint impressions of the offender's thumbs in the spaces indicated on the DNA collection card.

(5) The collecting, labeling, storing, handling, and transmitting of the samples collected shall comply with the collection instructions included in the DNA collection kit. Within 72 hours of sample collection, the DNA collection kit shall be transmitted to the department by hand delivery, U.S. Mail, or certified carrier.

History

• History: 1995 AACS; 2011 AACS.

Mich. Admin. Code R 28.5055 Profile record storage and access {#sec-r-28.5055 omnilex-key=us-mi-regs-official--dept-state-police--R 28.5055}

Rule 5. (1) The national DNA database system "CODIS" shall be used to file, catalog, retrieve, and compare DNA profiles.

(2) Access and use of the CODIS system shall be in accordance with federal law, memorandum of understanding with the federal bureau of investigation for participation in CODIS, all applicable CODIS rules, polices or procedures, and any licensing agreements established by the United States government.

History

• History: 1995 AACS; 2011 AACS.

Mich. Admin. Code R 28.5056 Privacy protection {#sec-r-28.5056 omnilex-key=us-mi-regs-official--dept-state-police--R 28.5056}

Rule 6. The results of the DNA profiling shall be disclosed only as provided in 1990 PA 250, MCL 28.176(2).

History

• History: 1995 AACS; 2011 AACS.

Mich. Admin. Code R 28.5057 Authorized use {#sec-r-28.5057 omnilex-key=us-mi-regs-official--dept-state-police--R 28.5057}

Rule 7. The department shall only use samples and/or test results for the purposes provided in 1990 PA 250, MCL 28.175a.

History

• History: 1995 AACS; 2011 AACS.

Mich. Admin. Code R 28.5058 Disposal of samples and profiles {#sec-r-28.5058 omnilex-key=us-mi-regs-official--dept-state-police--R 28.5058}

Rule 8. A sample or profile shall not be disposed of if the department determines the individual has otherwise become obligated to submit a sample or if the disposal of the sample would destroy sample or data relating to another individual who would otherwise be retained. If the sample is eligible for disposal, the sample shall be disposed of in the following instances:

(a) Disposal is ordered by a court of proper jurisdiction in accordance with 1990 PA 250, MCL 28.176(10).

(b) The department receives a written request for disposal from the investigating police agency or prosecutor in accordance with 1990 PA 250, MCL 28.176(11).

(c) The department receives a written request for disposal and a certified copy of a final court order in accordance with 1990 PA 250, MCL 28.176(11)(b).

History

• History: 1995 AACS; 2011 AACS.

Mich. Admin. Code R 28.5059 Effect of noncompliance with rules {#sec-r-28.5059 omnilex-key=us-mi-regs-official--dept-state-police--R 28.5059}

Rule 9. The uploading of DNA profiles into the state DNA database may be denied if the designated agency fails to comply with these rules.

History

• History: 1995 AACS; 2011 AACS.

Criminal Justice Information System Criminal Justice Information System

R 28.5101 to R 28.5414 Criminal Justice Information Systems

Mich. Admin. Code R 28.5101 Definitions {#sec-r-28.5101 omnilex-key=us-mi-regs-official--dept-state-police--R 28.5101}

DEPARTMENT OF STATE POLICE

CRIMINAL JUSTICE INFORMATION CENTER

CRIMINAL JUSTICE INFORMATION SYSTEMS

(By authority conferred on the department of state police by section 4 of the C.J.I.S. policy council act, 1974 PA 163, MCL 28.214, and Executive Reorganization Order No.

2008-2, MCL 28.162)

PART 1. GENERAL PROVISIONS

Rule 101. As used in these rules:

(a) "Access" means the physical or electronic ability, right, or privilege to view, modify, or make use of CJIS and CJI.

(b) "Administration of criminal justice" or "criminal justice purpose" means the performance of any of the following activities:

(i) Detection, apprehension, detention, pretrial release, post-trial release, prosecution, adjudication, correctional supervision, or rehabilitation of accused persons or criminal offenders.

(ii) Identification of criminals.

(iii) Collection, storage, and dissemination of CJI.

(iv) Criminal justice agency employment.

(c) “Automated Fingerprint Identification System” (AFIS) means the system maintained and operated by the department that collects and processes fingerprints and palm prints and disseminates related information.

(d) "Automated Law Enforcement Information Access System” (ALIAS) means the system maintained by the department that collects and disseminates criminal and juvenile identification and records, pursuant to 1925 PA 289, MCL 28.241 to 28.248.

(e) "Biometric data" means data derived from 1 or more intrinsic physical or behavioral traits of humans typically for the purpose of uniquely identifying individuals, including fingerprints, palm prints, iris scans, and facial images.

(f) "CJI" means criminal justice information.

(g) "CJIS" means criminal justice information systems.

(h) "CJIS Information Security Officer" means the person designated to administer the CJI security program. The CJIS Information Security Officer is an employee of the CSA. The CJIS Information Security Officer serves as the internal and external point of contact for all CJIS information security matters and ensures that each agency having access to CJI has a security point of contact.

(i) "CJIS Systems Agency" means the criminal justice agency that provides access to CJI from systems managed by the FBI Criminal Justice Information Services Division within a district, state, territory, or federal agency, as designated by the FBI, and has overall responsibility for establishing and administering an information technology security program throughout the CSA’s user community. The CSA for this state is the department.

(j) "CJIS Systems Officer" means a member of the CSA, selected by the head of the CSA, having the ultimate responsibility for the administration of the CJIS network on behalf of the CSA, including setting and enforcing standards for personnel accessing CJI and policies governing components of CJIS and related systems used to process, store, or transmit CJI; ensuring appropriate use of CJIS and CJI, compliance with approved polices, and that the CJIS Information Security Officer and Local Agency Security Officers are appointed; and approving access to CJIS and FBI criminal justice information services systems.

(k) "CSA" means the CJIS Systems Agency.

(l) "CSO" means the CJIS Systems Officer.

(m) "Criminal justice agency" means a court or other governmental agency, or any subunit of the court or governmental agency, that engages in the administration of criminal justice pursuant to a statute or executive order and that allocates a substantial part of its annual budget for the administration of criminal justice. The federal and state Inspectors General Offices are considered criminal justice agencies.

(n) "Criminal justice information" means data (electronic or hard copy) obtained from LEIN, AFIS, ALIAS, or SNAP, including, but not limited to, biometric, identity history, person, organization, and property data.

(o) "Criminal justice information systems" means the LEIN, AFIS, ALIAS or SNAP systems.

(p) "Department" means the Michigan department of state police.

(q) "Dissemination" means the transmission, distribution, and disclosure of CJI.

(r) "FBI" means the Federal Bureau of Investigation.

(s) "Hot files" means databases maintained by the department that collects and disseminates information pertaining to wanted and missing persons, probation orders, mental health orders, jail or lockup information, and stolen, abandoned, or impounded property.

(t) "Law Enforcement Information Network" means the communication network that collects and disseminates CJI to authorized Michigan CJIS user agencies; is the message switch that provides access to various state and national databases; and is the hot files and PPO databases.

(u) "LEIN" means the Law Enforcement Information Network.

(v) "National Crime information Center" means the nationwide, computerized information system established as a service to all criminal justice agencies operated by the FBI Criminal Justice Information Services Division.

(w) "NCIC" means the National Crime Information Center.

(x) "Personally Identifiable Information" means information that can be used to distinguish or trace an individual’s identity, such as social security number, or biometric records, alone; or name, when combined with other personal or identifying information that is linked or linkable to a specific individual, such as date and place of birth, or mother’s maiden name.

(y) "PII" means personally identifiable information.

(z) "PPO database" means the database maintained by the department that collects and disseminates information pertaining to personal protection orders, pursuant to section 2950 and 2950a of the revised judicature act of 1961, 1961 PA 236, MCL 600.2950 and 600.2950a; conditional bond release orders, pursuant to section 6b of chapter V of the code of criminal procedure, 1927 PA 175, MCL 765.6b; and child abuse prevention orders, pursuant to section 13a of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.13a.

(aa) "SNAP" means the Statewide Network of Agency Photos.

(bb) "Statewide Network of Agency Photos" means the system maintained by the department that collects and disseminates images and related information.

R 28.5102. Noncriminal justice agency access to certain CJI for noncriminal justice purposes.

Rule 102. (1) Notwithstanding any provision within these rules, access to CJI that is criminal history record information for a noncriminal justice purpose is not subject to these rules but remains subject to all applicable federal and state law, the FBI Criminal Justice Information Services Security Policy, the Michigan Addendum to the FBI Criminal Justice Information Services Security Policy, and any procedures or requirements established by the department.

(2) As used in this rule, "noncriminal justice purpose" means access to CJI that is criminal history record information for use in connection with licensing or employment, or for a purpose unrelated to the administration of criminal justice that is not otherwise regulated under these rules, as authorized under federal law or a state statute pursuant to Public Law 92-544.

History

• History: 1981 AACS; 2009 AACS; 2021 AACS.
• History: 1981 AACS; 2009 AACS; 2021 AACS.

Mich. Admin. Code R 28.5103 Rescinded {#sec-r-28.5103 omnilex-key=us-mi-regs-official--dept-state-police--R 28.5103}

History

• History: 1981 AACS; 2009 AACS.

Mich. Admin. Code R 28.5104 Rescinded {#sec-r-28.5104 omnilex-key=us-mi-regs-official--dept-state-police--R 28.5104}

History

• History: 1981 AACS; 2009 AACS.

Mich. Admin. Code R 28.5105 Rescinded {#sec-r-28.5105 omnilex-key=us-mi-regs-official--dept-state-police--R 28.5105}

History

• History: 1981 AACS; 2009 AACS.

Mich. Admin. Code R 28.5106 Rescinded {#sec-r-28.5106 omnilex-key=us-mi-regs-official--dept-state-police--R 28.5106}

History

• History: 1981 AACS; 2009 AACS.

Mich. Admin. Code R 28.5107 Rescinded {#sec-r-28.5107 omnilex-key=us-mi-regs-official--dept-state-police--R 28.5107}

History

• History: 1981 AACS; 2009 AACS.

Mich. Admin. Code R 28.5108 Rescinded {#sec-r-28.5108 omnilex-key=us-mi-regs-official--dept-state-police--R 28.5108}

History

• History: 1981 AACS; 2009 AACS.

Mich. Admin. Code R 28.5109 Rescinded {#sec-r-28.5109 omnilex-key=us-mi-regs-official--dept-state-police--R 28.5109}

History

• History: 1981 AACS; 2009 AACS.

Mich. Admin. Code R 28.5110 Rescinded {#sec-r-28.5110 omnilex-key=us-mi-regs-official--dept-state-police--R 28.5110}

History

• History: 1981 AACS; 2009 AACS.

Mich. Admin. Code R 28.5111 Rescinded {#sec-r-28.5111 omnilex-key=us-mi-regs-official--dept-state-police--R 28.5111}

History

• History: 1981 AACS; 2009 AACS.

Mich. Admin. Code R 28.5112 Rescinded {#sec-r-28.5112 omnilex-key=us-mi-regs-official--dept-state-police--R 28.5112}

History

• History: 1981 AACS; 2009 AACS.

Mich. Admin. Code R 28.5113 Rescinded {#sec-r-28.5113 omnilex-key=us-mi-regs-official--dept-state-police--R 28.5113}

History

• History: 1981 AACS; 2009 AACS.

Mich. Admin. Code R 28.5114 Rescinded {#sec-r-28.5114 omnilex-key=us-mi-regs-official--dept-state-police--R 28.5114}

History

• History: 1981 AACS; 2009 AACS.

Mich. Admin. Code R 28.5115 Rescinded {#sec-r-28.5115 omnilex-key=us-mi-regs-official--dept-state-police--R 28.5115}

History

• History: 1981 AACS; 2009 AACS.

Mich. Admin. Code R 28.5116 Rescinded {#sec-r-28.5116 omnilex-key=us-mi-regs-official--dept-state-police--R 28.5116}

History

• History: 1981 AACS; 2009 AACS.

Mich. Admin. Code R 28.5117 Rescinded {#sec-r-28.5117 omnilex-key=us-mi-regs-official--dept-state-police--R 28.5117}

History

• History: 1981 AACS; 2009 AACS.

Mich. Admin. Code R 28.5118 Rescinded {#sec-r-28.5118 omnilex-key=us-mi-regs-official--dept-state-police--R 28.5118}

History

• History: 1981 AACS; 2009 AACS.

Mich. Admin. Code R 28.5119 Rescinded {#sec-r-28.5119 omnilex-key=us-mi-regs-official--dept-state-police--R 28.5119}

History

• History: 1981 AACS; 2009 AACS.

Mich. Admin. Code R 28.5120 Rescinded {#sec-r-28.5120 omnilex-key=us-mi-regs-official--dept-state-police--R 28.5120}

PART 2. ACCESS, ELIGIBILITY, AND DATA DISSEMINATION

PROVISIONS

History

• History: 1981 AACS; 2009 AACS.

Mich. Admin. Code R 28.5201 Agency authorization for CJIS and CJI access {#sec-r-28.5201 omnilex-key=us-mi-regs-official--dept-state-police--R 28.5201}

Rule 201. (1) Access to CJIS and CJI is restricted to the following:

(a) A criminal justice agency.

(b) A nongovernmental agency that is statutorily vested with arrest powers and has the primary function of the administration of criminal justice.

(c) A governmental agency or private contractor designated to perform criminal justice functions, as described under the following sections of the FBI Criminal Justice Information Services Security Policy, if the agency or contractor and the designating agency enter into an agreement that incorporates a management control agreement or CJIS Security Addendum, as applicable, and otherwise complies with any procedure or requirement prescribed by the department:

(i) Section 5.1.1.4, Interagency and Management Control Agreements.

(ii) Section 5.1.1.5, Private Contractor User Agreements and CJIS Security Addendum.

(d) The department of state.

(e) An agency authorized by statute.

(f) An agency approved by the CSO for criminal justice or official law enforcement purposes.

(2) To obtain CSO approval as an authorized agency to access CJIS, CJI, or both, an agency shall do all the following:

(a) Complete an application and user agreement as required by the department.

(b) Assume all costs associated with the agency’s connection to CJIS, including, but not limited to, the leasing of hardware from the department.

(c) Agree to pay fees for access or dissemination, as required in R 28.5414.

(d) Agree to comply with applicable state and federal statutes, these rules, the FBI Criminal Justice Information Services Security Policy, the Michigan Addendum to the FBI Criminal Justice Information Services Security Policy, and any procedures or requirements prescribed by the department.

(3) An authorized agency shall notify the CSO in writing to obtain approval before making any changes affecting the agency’s access or connection to CJIS, as required by the department.

History

• History: 2021 AACS.

Mich. Admin. Code R 28.5202 CJIS or CJI access; deny, limit, or terminate {#sec-r-28.5202 omnilex-key=us-mi-regs-official--dept-state-police--R 28.5202}

Rule 202. The CSO may deny, limit, or terminate an individual's or agency's access to CJIS, CJI, or both for 1 or more of the following reasons:

(a) Failure to cooperate with a request from the CSO or the department for investigation of misuse of CJIS or CJI.

(b) Violation of, or noncompliance with, these rules, applicable federal and state law, the FBI Criminal Justice Information Services Security Policy, the Michigan Addendum to the FBI Criminal Justice Information Services Security Policy, or any procedures or requirements prescribed by the department.

History

• History: 1981 AACS; 2009 AACS; 2021 AACS.

Mich. Admin. Code R 28.5203 Rescinded {#sec-r-28.5203 omnilex-key=us-mi-regs-official--dept-state-police--R 28.5203}

History

• History: 1981 AACS; 2009 AACS.

Mich. Admin. Code R 28.5204 Rescinded {#sec-r-28.5204 omnilex-key=us-mi-regs-official--dept-state-police--R 28.5204}

History

• History: 1981 AACS; 2009 AACS.

Mich. Admin. Code R 28.5205 Rescinded {#sec-r-28.5205 omnilex-key=us-mi-regs-official--dept-state-police--R 28.5205}

History

• History: 1981 AACS; 2009 AACS.

Mich. Admin. Code R 28.5206 Rescinded {#sec-r-28.5206 omnilex-key=us-mi-regs-official--dept-state-police--R 28.5206}

History

• History: 1981 AACS; 2009 AACS.

Mich. Admin. Code R 28.5207 Rescinded {#sec-r-28.5207 omnilex-key=us-mi-regs-official--dept-state-police--R 28.5207}

History

• History: 1981 AACS; 2009 AACS.

Mich. Admin. Code R 28.5208 CJIS and CJI access and dissemination {#sec-r-28.5208 omnilex-key=us-mi-regs-official--dept-state-police--R 28.5208}

Rule 208.

(1) Agencies that access CJIS and CJI shall comply with these rules.

(2) CJIS and CJI must only be accessed and used for the following purposes:

(a) The administration of criminal justice or official law enforcement purposes.

(b) For purposes consistent with the registration and regulation of vehicles, the licensing of drivers, and the REAL ID Act of 2005, Public Law 109-13, as authorized by law.

(c) For purposes consistent with the enforcement of child support laws, child protection laws, or vulnerable adult protection laws, as authorized by law.

(d) For any other purposes if, and to the extent, authorized by law.

(3) Except as permitted in these rules or if authorized by statute, CJI must not be disseminated to an unauthorized agency, entity, or person, unless any of the following apply and a printout produced from LEIN or NCIC is not provided:

(a) A criminal justice agency may communicate CJI to an individual or his or her legal representative regarding an active warrant, personal protection order, conditional bond order, or probation order pertaining to that individual, if the individual is identified to the satisfaction of the criminal justice agency.

(b) A criminal justice agency may communicate CJI to an individual or his or her legal representative regarding an active order or disposition entered under section 464a of the mental health code, 1974 PA 258, MCL 330.1464a, for involuntary hospitalization or treatment, or under section 5107 of the estates and protected individuals code, 1998 PA 386, MCL 700.5107, for legal incapacitation, if the individual or his or her legal representative appears in-person and has been identified to the satisfaction of the criminal justice agency.

(c) For the purpose of resolving outstanding warrants, a criminal justice agency may communicate warrant information, excluding PII, to an individual when a warrant from any jurisdiction is active in either LEIN or NCIC regarding an individual that is under the jurisdiction or supervision of that criminal justice agency.

(4) Subject to subrule (5) of this rule, a person shall not access or disseminate CJI for personal use or gain.

(5) In the absence of a criminal justice purpose a criminal justice agency may only confirm to an individual whether an active warrant, a missing person, or report of stolen property exists in LEIN or NCIC from any jurisdiction if all of the following conditions are met:

(a) The person or property being queried has been identified to the satisfaction of the criminal justice agency.

(b) A printout produced from LEIN or NCIC is not provided.

(c) A request for information in bulk is not processed.

(6) A criminal justice agency may charge a nominal fee for information provided under subrule (5) of this rule.

(7) A court may disseminate CJI to the extent necessary for the creation and maintenance of a court record, as defined by MCR 1.109 and 8.119. Any further dissemination of CJI that is, or is part of, a court record must be otherwise authorized by law or these rules.

(8) Images and associated name, sex, and age obtained from SNAP may be publicly disseminated by a federal, state, or local governmental agency for an official law enforcement purpose or as necessary to comply with a law of this state or of the United States.

(9) Statistical information obtained from CJIS may be released by the department to any individual or public or private entity upon approval by the CSO, whether or not for a purpose otherwise expressed in these rules. Statistical information must not contain PII or identifying information of any property.

History

• History: 1981 AACS; 2009 AACS; 2021 AACS.

Mich. Admin. Code R 28.5209 Transaction Logs; release {#sec-r-28.5209 omnilex-key=us-mi-regs-official--dept-state-police--R 28.5209}

Rule 209. (1) Subject to subrule (3) of this rule, an authorized agency's transaction logs may only be released if the information is released under R 28.5208(2)(a) for a criminal justice or official law enforcement purpose and either of the following conditions apply:

(a) Upon written request from a local, county, state, or federal criminal justice agency that specifies that the information is required for a criminal justice or official law enforcement purpose.

(b) As required under a search warrant or court order authorized by a judge or magistrate.

(2) Subject to subrule (3) of this rule, an authorized agency listed under R 28.5201(1) that is not a criminal justice agency may only receive information from transaction logs if the information is released under R 28.5208(2)(b) or (c) and the agency's receipt of the information is authorized by law or rule.

(3) An authorized agency's transaction logs may be released for a purpose not listed under R 28.5208(2) if the records are essential to issues raised in an administrative hearing or civil action related to the misuse or accuracy of CJIS, and the records are sought pursuant to a court order or subpoena authorized by a judge, magistrate, or administrative hearing officer.

(4) Information or records released under this rule must not be accessed or disseminated for any other purpose unless authorized by law or rule.

History

• History: 1981 AACS; 2009 AACS; 2021 AACS.

Mich. Admin. Code R 28.5210 Department release of CJI for certain research, statistical, or governmental projects {#sec-r-28.5210 omnilex-key=us-mi-regs-official--dept-state-police--R 28.5210}

Rule 210. (1) The department may disseminate CJI from AFIS, ALIAS, or SNAP for research, statistical, or governmental projects in accordance with this rule.

(2) The department shall not disseminate CJI under this rule unless all of the following apply:

(a) The CSO has approved of the proposed dissemination of CJI upon determination that the criteria described in subrule (3) of this rule have been met.

(b) The recipient of the CJI is an agency or entity listed under R 28.5201, an academic institution, or a government entity.

(c) The recipient of the CJI has submitted to the department a completed user agreement, in a manner determined by the department, stipulating to all of the following:

(i) Any CJI disseminated by the department shall only be used for the proposed project, and the recipient of the CJI shall not disseminate the CJI for any purpose.

(ii) The recipient of the CJI shall destroy the CJI immediately after the CJI is no longer needed for the approved project or the approved project has concluded, whichever occurs first.

(iii) The recipient of the CJI shall comply with any applicable federal and state law, these rules, the FBI Criminal Justice Information Services Security Policy, the Michigan Addendum to the FBI Criminal Justice Information Services Security Policy, and any procedures or requirements prescribed by the department.

(iv) The department shall not disseminate CJI that is non-public or is otherwise prohibited from being disseminated by state or federal law.

(v) Any CJI disseminated by the department shall not contain PII, unless the dissemination of the PII is lawful and approved by the CSO.

(3) The CSO may approve or deny a proposal for the dissemination of CJI under this rule. The CSO shall ensure the following criteria are met before approving the proposed dissemination of CJI:

(a) The proposed project is funded in full or in part with grant or public funds.

(b) The proposed project is for the purpose of developing and measuring, evaluating, or otherwise advancing the state of knowledge in a particular area, or if the recipient of the CJI is a governmental entity, the purpose is intended to advance a public purpose related to the government entity's official functions.

(c) The department would not be unreasonably burdened by the proposed project or adequately processing the proposed dissemination of CJI. An unreasonable burden includes, but is not limited to, any of the following:

(i) Excessive financial or operational resources are required to adequately process the proposed dissemination of CJI or to provide oversight of the proposed project to ensure compliance with this rule, including the user agreement under subrule (2) of this rule.

(ii) The proposed project's direct or indirect benefit to the department does not justify the financial or operational resources necessary to adequately process the proposed dissemination of CJI or to oversee the proposed project to ensure compliance with this rule, including the user agreement under subrule (2) of this rule.

(iii) The proposed project or dissemination of CJI may cause undue disruption to the department or bring the department or its employees or agents into disrepute.

(4) The determination of the CSO under subrule (3) of this rule is final and is not subject to appeal or challenge. The CSO shall, within a reasonable period of time, provide to the department and the proposed recipient of the CJI a written explanation for the reason or reasons supporting the CSO's denial or approval of the proposed dissemination of CJI.

History

• History: 1981 AACS; 2009 AACS; 2021 AACS.

Mich. Admin. Code R 28.5211 Dissemination of CJI for certain mass casualty, catastrophic, or unforeseen events {#sec-r-28.5211 omnilex-key=us-mi-regs-official--dept-state-police--R 28.5211}

Rule 211. The department may disseminate CJI, with the approval of the CSO and the director, for the following purposes:

(a) A mass casualty or catastrophic event where the dissemination of CJI is necessary for the identification of victims. As used in this subdivision:

(i) “Mass casualty” means any number of casualties or victims that exceed the resources normally available from local resources.

(ii) “Catastrophic event” includes, but is not limited to, a governor’s or presidential declaration of a disaster or state of emergency, natural disaster, etc.

(b) Any unforeseen circumstances where the disclosure of CJI is immediately necessary in the interest of homeland security.

Editor's Note: An obvious error in R 28.5211 was corrected at the request of the promulgating agency, pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule containing the error was published in Michigan Register, 2021 MR 5. The memorandum requesting the correction was published in Michigan Register, 2021 MR 6.

History

• History: 1981 AACS; 2009 AACS; 2021 AACS.

Mich. Admin. Code R 28.5212 Rescinded {#sec-r-28.5212 omnilex-key=us-mi-regs-official--dept-state-police--R 28.5212}

History

• History: 1981 AACS; 2009 AACS.

Mich. Admin. Code R 28.5213 Rescinded {#sec-r-28.5213 omnilex-key=us-mi-regs-official--dept-state-police--R 28.5213}

History

• History: 1981 AACS; 2009 AACS.

Mich. Admin. Code R 28.5214 Rescinded {#sec-r-28.5214 omnilex-key=us-mi-regs-official--dept-state-police--R 28.5214}

PART 3. TERMINALS AND EQUIPMENT

History

• History: 1981 AACS; 2009 AACS.

Mich. Admin. Code R 28.5301 Rescinded {#sec-r-28.5301 omnilex-key=us-mi-regs-official--dept-state-police--R 28.5301}

History

• History: 1981 AACS; 2009 AACS.

Mich. Admin. Code R 28.5302 Rescinded {#sec-r-28.5302 omnilex-key=us-mi-regs-official--dept-state-police--R 28.5302}

History

• History: 1981 AACS; 2009 AACS.

Mich. Admin. Code R 28.5303 Rescinded {#sec-r-28.5303 omnilex-key=us-mi-regs-official--dept-state-police--R 28.5303}

History

• History: 1981 AACS; 2009 AACS.

Mich. Admin. Code R 28.5304 Rescinded {#sec-r-28.5304 omnilex-key=us-mi-regs-official--dept-state-police--R 28.5304}

History

• History: 1981 AACS; 2009 AACS.

Mich. Admin. Code R 28.5305 Rescinded {#sec-r-28.5305 omnilex-key=us-mi-regs-official--dept-state-police--R 28.5305}

History

• History: 1981 AACS; 2009 AACS.

Mich. Admin. Code R 28.5306 Rescinded {#sec-r-28.5306 omnilex-key=us-mi-regs-official--dept-state-police--R 28.5306}

History

• History: 1981 AACS; 2009 AACS.

Mich. Admin. Code R 28.5307 Rescinded {#sec-r-28.5307 omnilex-key=us-mi-regs-official--dept-state-police--R 28.5307}

History

• History: 1981 AACS; 2009 AACS.

Mich. Admin. Code R 28.5308 Rescinded {#sec-r-28.5308 omnilex-key=us-mi-regs-official--dept-state-police--R 28.5308}

History

• History: 1981 AACS; 2009 AACS.

Mich. Admin. Code R 28.5309 Rescinded {#sec-r-28.5309 omnilex-key=us-mi-regs-official--dept-state-police--R 28.5309}

History

• History: 1981 AACS; 2009 AACS.

Mich. Admin. Code R 28.5310 Rescinded {#sec-r-28.5310 omnilex-key=us-mi-regs-official--dept-state-police--R 28.5310}

History

• History: 1981 AACS; 2009 AACS.

Mich. Admin. Code R 28.5311 Rescinded {#sec-r-28.5311 omnilex-key=us-mi-regs-official--dept-state-police--R 28.5311}

History

• History: 1981 AACS; 2009 AACS.

Mich. Admin. Code R 28.5312 Rescinded {#sec-r-28.5312 omnilex-key=us-mi-regs-official--dept-state-police--R 28.5312}

History

• History: 1981 AACS; 2009 AACS.

Mich. Admin. Code R 28.5313 Rescinded {#sec-r-28.5313 omnilex-key=us-mi-regs-official--dept-state-police--R 28.5313}

History

• History: 1981 AACS; 2009 AACS.

Mich. Admin. Code R 28.5314 Rescinded {#sec-r-28.5314 omnilex-key=us-mi-regs-official--dept-state-police--R 28.5314}

History

• History: 1981 AACS; 2009 AACS.

Mich. Admin. Code R 28.5315 Rescinded {#sec-r-28.5315 omnilex-key=us-mi-regs-official--dept-state-police--R 28.5315}

History

• History: 1981 AACS; 2009 AACS.

Mich. Admin. Code R 28.5316 Rescinded {#sec-r-28.5316 omnilex-key=us-mi-regs-official--dept-state-police--R 28.5316}

History

• History: 1981 AACS; 2009 AACS.

Mich. Admin. Code R 28.5317 Rescinded {#sec-r-28.5317 omnilex-key=us-mi-regs-official--dept-state-police--R 28.5317}

History

• History: 1981 AACS; 2009 AACS.

Mich. Admin. Code R 28.5318 Rescinded {#sec-r-28.5318 omnilex-key=us-mi-regs-official--dept-state-police--R 28.5318}

History

• History: 1981 AACS; 2009 AACS.

Mich. Admin. Code R 28.5319 Rescinded {#sec-r-28.5319 omnilex-key=us-mi-regs-official--dept-state-police--R 28.5319}

PART 4. RECORDS

History

• History: 1981 AACS; 2009 AACS.

Mich. Admin. Code R 28.5401 Records responsibility {#sec-r-28.5401 omnilex-key=us-mi-regs-official--dept-state-police--R 28.5401}

Rule 401. (1) An agency is responsible for the accuracy and completeness of any record it enters into CJIS. Each record must be identified with the agency that entered the record. Each agency shall validate records as required by Michigan and FBI CJIS policies. Both of the following apply:

(a) An agency that fails to comply with the validation and certification requirements within the prescribed time period shall have its records removed from CJIS as required by Michigan and FBI CJIS policies.

(b) An agency that requires more than the specified time to validate its records shall submit a written request to the CSO for a reasonable time extension.

(2) Agencies may execute an agreement to allow an agency to enter records for another agency.

(3) An agency shall maintain complete and accurate files of all active records that are entered into CJIS and shall ensure that the files are readily accessible to any person who is responsible for confirming the validity of records upon inquiry. Both of the following apply:

(a) An agency shall establish procedures to ensure that, upon inquiry, all records that are entered into either LEIN or NCIC files can be promptly confirmed as valid.

(b) An agency shall either maintain a 24-hour-a-day, seven-days-a-week operation or shall establish an alternative record verification procedure.

History

• History: 1981 AACS; 2009 AACS; 2021 AACS.

Mich. Admin. Code R 28.5402 Timely entry and removal of records {#sec-r-28.5402 omnilex-key=us-mi-regs-official--dept-state-police--R 28.5402}

Rule 402. (1) An agency shall ensure all records are immediately entered into CJIS, unless immediate entry may jeopardize a criminal investigation.

(2) All records must be entered into CJIS pursuant to the procedures provided by the CSO and any applicable statute. Agencies shall ensure records are successfully entered into the appropriate CJIS.

(3) An agency shall immediately remove a record from CJIS when the record is no longer valid. Agencies shall ensure records are successfully removed from the appropriate CJIS.

(4) A court may enter or remove a record if there is a mutual agreement of all agencies involved.

(5) Pursuant to section 26a of chapter IV of the code of criminal procedure, 1927 PA 175, MCL 764.26a, and section 3 of 1925 PA 289, MCL 28.243, upon receipt of an appropriate order entered by district or circuit court in a case in which any criminal charge resulting in an arrest is dismissed before trial, the department shall destroy and expunge the arrest record and biometric data existing because of the dismissed charge or charges and remove any LEIN entry concerning the dismissed charge or charges. As used in this subrule, an "appropriate order" is a written order that explicitly directs the department to destroy and expunge the arrest record and biometric data and remove any LEIN entry concerning the charge or charges dismissed before trial and identifies the charged individual and the applicable case number.

(6) A record may be removed from CJIS if the CSO has a substantial question concerning the record's validity or accuracy. Immediately upon the removal of any record, the CSO shall notify the entering agency of the action taken.

History

• History: 1981 AACS; 2009 AACS; 2021 AACS.

Mich. Admin. Code R 28.5403 Rescinded {#sec-r-28.5403 omnilex-key=us-mi-regs-official--dept-state-police--R 28.5403}

History

• History: 1981 AACS; 2009 AACS.

Mich. Admin. Code R 28.5404 Rescinded {#sec-r-28.5404 omnilex-key=us-mi-regs-official--dept-state-police--R 28.5404}

History

• History: 1981 AACS; 2009 AACS; 2021 AACS.

Mich. Admin. Code R 28.5405 Rescinded {#sec-r-28.5405 omnilex-key=us-mi-regs-official--dept-state-police--R 28.5405}

History

• History: 1981 AACS; 2009 AACS.

Mich. Admin. Code R 28.5406 Rescinded {#sec-r-28.5406 omnilex-key=us-mi-regs-official--dept-state-police--R 28.5406}

History

• History: 1981 AACS; 2009 AACS.

Mich. Admin. Code R 28.5407 Rescinded {#sec-r-28.5407 omnilex-key=us-mi-regs-official--dept-state-police--R 28.5407}

History

• History: 1981 AACS; 2009 AACS.

Mich. Admin. Code R 28.5408 Rescinded {#sec-r-28.5408 omnilex-key=us-mi-regs-official--dept-state-police--R 28.5408}

History

• History: 1981 AACS; 2009 AACS.

Mich. Admin. Code R 28.5409 Rescinded {#sec-r-28.5409 omnilex-key=us-mi-regs-official--dept-state-police--R 28.5409}

History

• History: 1981 AACS; 2009 AACS.

Mich. Admin. Code R 28.5410 Rescinded {#sec-r-28.5410 omnilex-key=us-mi-regs-official--dept-state-police--R 28.5410}

History

• History: 1981 AACS; 2009 AACS.

Mich. Admin. Code R 28.5411 Rescinded {#sec-r-28.5411 omnilex-key=us-mi-regs-official--dept-state-police--R 28.5411}

History

• History: 1981 AACS; 2009 AACS.

Mich. Admin. Code R 28.5412 Rescinded {#sec-r-28.5412 omnilex-key=us-mi-regs-official--dept-state-police--R 28.5412}

History

• History: 1981 AACS; 2009 AACS.

Mich. Admin. Code R 28.5413 Rescinded {#sec-r-28.5413 omnilex-key=us-mi-regs-official--dept-state-police--R 28.5413}

History

• History: 1981 AACS; 2009 AACS.

Mich. Admin. Code R 28.5414 Fees for access to information from CJIS {#sec-r-28.5414 omnilex-key=us-mi-regs-official--dept-state-police--R 28.5414}

Rule 414. The department shall assess a one-time agency fee of $1.00 for access to information from CJIS. The department may waive this fee.

History

• History: 1981 AACS; 2009 AACS; 2021 AACS.

Michigan Commission on Law Enforcement Standards (MCOLES) Michigan Commission on Law Enforcement Standards (MCOLES)

R 28.14101 to R 28.14702 Law Enforcement Standards and Training

Mich. Admin. Code R 28.14101 Definitions; A to D {#sec-r-28.14101 omnilex-key=us-mi-regs-official--dept-state-police--R 28.14101}

MICHIGAN DEPARTMENT OF STATE POLICE

MICHIGAN COMMISSION ON LAW ENFORCEMENT STANDARDS

LAW ENFORCEMENT STANDARDS AND TRAINING

(By authority conferred on the Michigan commission on law enforcement standards by section 9 of 1965 PA 203, MCL 28.609, by section 9 of 1965 PA 380, MCL 16.109, and by Executive Reorganization Order 2001-2, MCL 28.621.)

PART 1. DEFINITIONS

Rule 101. As used in these rules:

(a) "Act" means 1965 PA 203, MCL 28.601.

(b) "Activate as a licensed law enforcement officer" means a recognized law enforcement agency complies with all of the requirements in R 28.14205 to R 28.14207.

(c) "Applicant" means a person seeking employment as a licensed law enforcement officer empowered to enforce all of the general criminal laws of this state.

(d) "Approved law enforcement training" means recruit or in-service law enforcement training conducted under the authority of either 1965 PA 203, MCL 28.601 et seq., or 1982 PA 302, MCL 18.421 et seq.

(e) "Basic law enforcement training academy" means a city, county, township, village, corporation, college, community college, university, or state agency that is approved by the commission to offer the basic law enforcement training program.

(f) "Basic law enforcement training program" means the entire commission approved process by which a person is screened, trained, and qualified for activation as a law enforcement officer.

(g) "Commission" means the 15 member Michigan commission on law enforcement standards or, by express delegation, its executive director and staff.

(h) "Contested case" means the same as the term is defined in section 3 of the Administrative Procedures Act of 1969, MCL 24.203.

(i) "Course of study" means the total instruction that a basic law enforcement training academy is approved to offer a recruit before qualifying the recruit for licensing.

History

• History: 2006 AACS.

Mich. Admin. Code R 28.14102 Definitions; E to L {#sec-r-28.14102 omnilex-key=us-mi-regs-official--dept-state-police--R 28.14102}

Rule 102. As used in these rules:

(a) "Employed recruit" means a law enforcement officer candidate who is employed by a recognized law enforcement agency and who is enrolled in an approved basic law enforcement training academy for the purpose of training in order to become eligible to be licensed as a law enforcement officer employed by the law enforcement agency.

(b) "Employing agency" means police departments, sheriff offices, the Michigan department of state police, or any law enforcement agency authorized and established pursuant to state statute.

(c) "Employment" means performing a service or labor as a law enforcement officer to a recognized law enforcement agency in exchange for monetary compensation for all hours worked at not less than the federal minimum wage established in the Fair Labor Standards Act of 1938, as amended; 29 U.S.C.§206.

(d) "Fully empowered law enforcement officer" means a law enforcement officer employed by a recognized law enforcement agency, who has full authority to enforce the general criminal laws of this state conferred by a sworn oath of office, and who is licensed by the commission.

(e) "General criminal laws" means laws that classify an action as a misdemeanor or felony punishable by fine or imprisonment and have general applicability as opposed to regulation of a particular class.

(f) "Law enforcement agency" or "agency" means an entity authorized and established pursuant to a state statute that conveys police authority of the state of Michigan to the entity. Police authority includes the responsibility for the prevention and detection of crime and the enforcement of the general criminal laws.

(g) "License" means the numbered certificate issued by the commission to a person who has received certification as a law enforcement officer under the act, as provided in MCL 28.602.

(h) "Licensing examination" means the examination administered by the commission at the completion of the basic law enforcement training academy and the recognition of prior basic law enforcement training and experience program to determine whether a person has attained the minimum competencies required for licensing.

History

• History: 2006 AACS.

Mich. Admin. Code R 28.14103 Definitions; M to Z {#sec-r-28.14103 omnilex-key=us-mi-regs-official--dept-state-police--R 28.14103}

Rule 103. As used in these rules:

(a) "MCOLES" means the 15 member Michigan commission on law enforcement standards.

(b) "MCOLES information and tracking network" means the commission's web-enabled information system for the licensing, reporting, and tracking of personnel and training records for Michigan law enforcement officers.

(c) "Preservice recruit" means a person who complies with the requirements of R 28.14315 and enrolls at his or her own expense in an approved regional basic law enforcement training academy and who is not employed by a law enforcement agency.

(d) "Preservice college recruit" means a person who is enrolled in a preservice college basic law enforcement training academy.

(e) "Recognized law enforcement agency" means a law enforcement agency, as verified by the commission, that may activate a person as a law enforcement officer under the act.

(f) "Recruit" means a student or trainee who is enrolled in a basic law enforcement training academy.

(2) The terms defined in the act have the same meanings when used in these rules.

PART 2. SELECTION AND EMPLOYMENT STANDARDS

History

• History: 2006 AACS.

Mich. Admin. Code R 28.14201 Definitions {#sec-r-28.14201 omnilex-key=us-mi-regs-official--dept-state-police--R 28.14201}

Rule 201. As used in this part:

(a) "Licensing examination" means the mandated examination administered by the commission after the completion of the mandated basic recruit law enforcement training or the recognition of prior law enforcement training and experience program to determine competence required to practice law enforcement and developed in conformance with the following:

(i) The standards of the Society for Industrial and Organizational Psychology, Inc. that are in the publication entitled "Principles for Validation and Use of Personnel Selection Procedures,"

(3rd ed., 1987).Copies of these standards may be purchased from the Society for Industrial and Organization Psychology, Inc, P.O. Box 87, Bowling Green, Ohio 43402 at a cost, as of the time of adoption of these rules, of $7.50 each.

(ii) The standards of the American educational research association, the American psychological association, and the national council on measurement in education that are in the publication entitled "Standards for Educational and Psychological Testing" (1999). Copies of these standards may be purchased from Test Standards, P.O. Box 465, Hanover, Pennsylvania 17331, at a cost, as of the time of adoption of these rules, of $31.95 each.

(iii) The standards of the equal employment opportunity commission that are in the publication entitled "Uniform Guidelines on Employee Selection Procedures"

(1978). These standards are found at CFR, title 41, chapter 60, part 60-3 and may be viewed and printed free of charge at the U. S. department of labor web site, www.dol.gov.

(b) "Reading and writing examination" means a job related reading comprehension and writing skills examination developed in conformance with the standards cited in (a) (i) and (iii) in subrule (a) of this rule.

History

• History: 2006 AACS.

Mich. Admin. Code R 28.14202 Adoption by reference {#sec-r-28.14202 omnilex-key=us-mi-regs-official--dept-state-police--R 28.14202}

Rule 202. (1) The standards cited in this rule are adopted by reference and are available for inspection at the commission offices, 7426 North Canal Road, Lansing, Michigan.

(a) The standards of the Society for Industrial and Organizational Psychology, Inc. that are in the publication entitled "Principles for Validation and Use of Personnel Selection Procedures,"

(3rd ed., 1987).Copies of these standards may be purchased from the Society for Industrial and Organization Psychology, Inc, P.O. Box 87, Bowling Green, Ohio 43402 at a cost, as of the time of adoption of these rules, of $7.50 each.

(b) The standards of the American educational research association, the American psychological association, and the national council on measurement in education that are in the publication entitled "Standards for Educational and Psychological Testing" (1999). Copies of these standards may be purchased from Test Standards, P.O. Box 465, Hanover, Pennsylvania 17331, at a cost, as of the time of adoption of these rules, of $31.95 each.

(c) The standards of the equal employment opportunity commission that are in the publication entitled "Uniform Guidelines on Employee Selection Procedures"

(1978). These standards are found at CFR, title 41, chapter 60, part 60-3 and may be viewed and printed free of charge at the U. S. department of labor web site, www.dol.gov.

History

• History: 2006 AACS.

Mich. Admin. Code R 28.14203 Non-medical selection qualifications {#sec-r-28.14203 omnilex-key=us-mi-regs-official--dept-state-police--R 28.14203}

Rule 203. A person selected to become a law enforcement officer under the act shall meet all of the following requirements:

(a) Be a citizen of the United States.

(b) Have attained the minimum age as established by the employing agency, which shall not be less than 18 years of age or as otherwise provided by law.

(c) Have earned a high school diploma or have attained a passing score on the general education development test indicating a high school graduation level.

Attainment of an associate or baccalaureate degree shall be evidence of having met this standard.

(d) Have no prior felony convictions, or felony expungements and set asides.

(e) Possess good moral character as determined by a favorable comprehensive background investigation covering school and employment records, home environment, and personal traits and integrity. Consideration shall be given to a history of, and the circumstances pertaining to, having been a respondent to a restraining or personal protection order. Consideration shall also be given to all law violations, including traffic and conservation law convictions, as indicating a lack of good moral character.

(f) Possess a valid motor vehicle operator's or chauffeur's license from 1 of the 50 states, the district of Columbia, a possession or territory of the United States, or Canada.

Michigan driving privileges shall not be in a state of suspension, revocation, or denial at the time of entry into an academy or activation as a law enforcement officer.

(g) Read and write at a level necessary to perform the job of a law enforcement officer as determined by passing the commission's reading and writing examination designed to test these skills or by passing an agency certified examination as specified in R 28.14209(c). The provisions of this subdivision do not apply to any of the following persons:

(i) Any person licensed under the act.

(ii) Any person qualifying for the recognition of prior basic law enforcement training and experience program under R 28.14403 to R 28.14406.

(h) Test negative for the illicit use of controlled substances under the following conditions:

(i) The process used to detect the presence of a controlled substance and the laboratory used to conduct the test shall be approved by the commission.

(ii) An applicant who tests positive, refuses to submit to a test, or fails to report for a test, shall not be eligible for training or licensing for 2 years after a positive test or the refusal to submit to the test. An applicant who tests positive may request an opportunity to show cause to the commission why the test results were not indicative of an illicit use of a controlled substance.

(i) Successfully complete the basic law enforcement course of study at a commission approved academy.

(j) Take and attain a passing score on the commission's licensing examination within 1 year of the completion of training. In the event of failure on the examination, 1 retest shall be allowed within the same 1-year period. Failure on the retest shall result in the need to repeat and successfully complete the basic course of study to again be eligible to take the licensing examination.

(k) If the commission denies a license, entry into a training program, or entry into the recognition of prior basic law enforcement training and experience program for cause, then that person is not eligible to reapply for 2 years, unless provided otherwise in these rules.

(l) The commission may establish time frames during which compliance with a standard in this rule by an applicant shall be valid.

History

• History: 2006 AACS.

Mich. Admin. Code R 28.14204 Medical selection qualifications {#sec-r-28.14204 omnilex-key=us-mi-regs-official--dept-state-police--R 28.14204}

Rule 204. A person selected to become a law enforcement officer pursuant to the provisions of the act shall meet all of the medical requirements in subdivisions (a) to (e) of this rule. A determination of compliance with the medical standards in this rule shall be made by a licensed physician, with the exception that a determination of compliance with subdivisions (a), (b), (c) and (e)(iii) of this rule shall be made as provided in each of the following:

(a) Possess normal visual functions at a level necessary to perform the job of a law enforcement officer as determined by complying with the provisions of this subdivision.

All vision testing shall comply with the test manufacturer's specifications and protocols.

The following determinations of compliance with this standard may be made by a licensed optometrist.

(i) Far visual acuity complying with 1 of the following:

(A) Acuity in each eye uncorrected of 20/20 or better.

(B) Acuity in each eye corrected to 20/20 or better.

(ii) Near visual acuity at a range of 10 to 20 inches complying with 1 of the following:

(A) Acuity in each eye uncorrected of 20/20 or better, reduced Snellen equivalent.

(B) Acuity in each eye corrected to 20/20, reduced Snellen equivalent.

(iii) Normal color vision as determined by testing and passing either of the following color vision tests. The use of refractive correction is permitted; however, the use of an xchrom lens, or any other lens purported to enhance color perception, is prohibited.

(A) Pseudoisochromatic plates that have been approved by the commission.

(B) The Farnsworth dichotomous d?15 panel test.

(iv) The pseudoisochromatic plates shall be administered first, before the panel test.

If an applicant passes the plates, no further color vision testing is required.

(v) Peripheral vision in each eye of 90º vertically and 120º horizontally.

(vi) Normal binocular vision as determined by testing and passing a stereopsis test to 80 seconds of stereoacuity, or better. Failure on the stereopsis test requires further testing to determine that diplopia is not present.

(b) Hear at a level necessary to perform the job of a law enforcement officer as determined by complying with subdivision (c) of this subrule. Throughout the testing specified in subdivision (c) of this subrule, the intensity of auditory stimuli shall be expressed in decibels relative to a normal hearing level as defined by the American national standards institute (ANSI) S3.6-1996, or more current ANSI standard. This standard is adopted by reference and is available from the acoustical society of America at www.asa.aip.org for purchase at the time of the adoption of these rules at $100 and are available for inspection at the commission offices at 106 West Allegan, Suite 600, Lansing, Michigan. The testing shall be performed by the following persons, as applicable:

(i) An audiologist at a hearing clinic accredited by the professional services board of the American speech-language-hearing association may do all testing in R 28.14204(c).

(ii) An audiologist who has a certificate of clinical competence from the American speech-language-hearing association or an audiologist who holds fellowship status in the American academy of audiology may do all of the testing in R 28.14204(c). The audiologist shall be licensed, if applicable.

(iii) A hearing conservationist certified by the council for accreditation in occupational hearing shall do only the testing in R 28.14204(c)(i).

(iv) A hearing aid specialist licensed by the Michigan department of licensing and regulatory affairs shall do only the testing in R 28.14204(c)(i).

(c) Comply with 1 of the following standards: Testing shall be done in the order listed. If an applicant passes 1 of the standards, then further testing is not required.

(i) Unaided audiometric testing on each ear that results in pure tone air conduction thresholds for each ear, as shown on the pure tone audiogram, of not poorer than a hearing level of 25 decibels at any of the following frequencies: 500, 1,000, 2,000, and 3,000 Hertz; and 45 decibels at 4,000 Hertz.

(ii) Unaided audiometric testing on each ear that results in all of the following:

(A) An unaided 4-frequency average pure tone threshold for each ear, as derived from the pure tone air conduction audiogram at 500, 1,000, 2,000, and 3,000 Hertz, of not poorer than a hearing level of 25 decibels, and a hearing threshold level at any single frequency of not poorer than 35 decibels.

(B) Unaided speech recognition scores of 90% or better in each ear, measured under audiometric earphones at 50 decibels in quiet, and using full lists of recorded phonetically balanced words that are age-appropriate.

(C) An unaided speech recognition score of 70% or better, measured for both ears at the same time in an audiometric sound field at a plus 5 decibel signal-to-noise ratio. For this measurement, speech stimuli and competing speech noise shall be presented through the same loudspeaker, or 2 loudspeakers stacked vertically, at zero degree azimuth.

Speech stimuli shall be presented at 50 decibels using a full list of recorded phonetically balanced words that are age-appropriate.

(iii) Audiometric testing with 1 or both ears aided that results in all of the following:

(A) An aided 4-frequency average threshold for each ear, as derived from the sound field aided audiogram at 500, 1,000, 2,000, and 3,000 Hertz of not poorer than a hearing level of 25 decibels, and a hearing threshold level at any single frequency of not poorer than 35 decibels. Measurements shall be made monaurally in an audiometric sound field with the unaided (non-test) ear plugged or, when necessary, effectively masked. Test signals shall consist of either frequency-specific modulated tones or narrow band noise presented through a loudspeaker at zero degree azimuth, and results shall be expressed as aided hearing levels.

(B) Aided speech recognition scores of 90% or better in each ear measured at 50 decibels in quiet, and using full lists of recorded phonetically balanced words that are age appropriate. Measurements shall be made monaurally in an audiometric sound field with the loudspeaker at zero degree azimuth and the unaided (non-test) ear plugged or, when necessary, effectively masked.

(C) An aided speech recognition score of 70% or better, measured for both ears at the same time in an audiometric sound field at a plus 5 decibel signal-to-noise ratio. For this measurement, either 1 or both ears shall be fitted with a hearing aid, and, where only 1 ear has been fitted with a hearing aid, the unaided ear shall not be plugged or masked.

For this measurement, speech stimuli and competing speech noise shall be presented through the same loudspeaker, or 2 loudspeakers stacked vertically, at zero degree azimuth. Speech stimuli shall be presented at 50 decibels using a full list of recorded phonetically balanced words that are age-appropriate.

(d) Be free from any of the following, which may impair the performance of the essential job functions of a law enforcement officer or which may endanger the lives of others or the law enforcement officer:

(i) Physical defects.

(ii) Chronic diseases.

(iii) Mental and emotional instabilities. The commission permits and may require the determination of compliance with this requirement be made by a board certified psychiatrist or a licensed psychologist.

(e) The commission may establish specific tests, procedures, and qualifications for use in determining compliance with the medical standards in R 28.14204 (a) to (e).

(f) If an initial examination indicates that a person may not comply with R 28.14204 (a) to (e), then the person may request a reexamination. The reexamination shall be done at the direction of the commission. The cost of the reexamination shall be the responsibility of the person or the employing agency.

(g) Except where specified otherwise, the results of any examination or test performed under this rule shall remain valid for not more than 180 days from the date of the examination.

(h) The commission may, after giving due consideration to the needs of agencies, academies, and potential recruits, establish and require the utilization of a list of approved health care providers to make a determination of compliance with this rule.

(i) The commission may establish time frames during which compliance with this rule shall be valid.

History

• History: 2006 AACS; 2012 AACS.

Mich. Admin. Code R 28.14205 Employing agency responsibilities; activation {#sec-r-28.14205 omnilex-key=us-mi-regs-official--dept-state-police--R 28.14205}

Rule 205. To activate an applicant, an employing agency shall do all of the following in the order listed:

(a) Submit to the commission for approval the compliance information specified in R 28.14206 or R 28.14207, as applicable, using the MCOLES information and tracking network.

(b) After receiving notice from the commission that compliance with the standards has been verified, employ and confer the authority to independently enforce all of the general criminal laws of this state on the officer as evidenced by an oath of office.

(c) Sign and mail to the commission the license activation report, which documents the conference of authority, the standards compliance verification affidavit printed from the MCOLES information and tracking network, and the applicant background affidavit.

History

• History: 2006 AACS.

Mich. Admin. Code R 28.14206 Employing agency responsibilities; employed recruits {#sec-r-28.14206 omnilex-key=us-mi-regs-official--dept-state-police--R 28.14206}

Rule 206. (1) Before sending a person to a basic law enforcement training academy, the employing agency shall do all of the following:

(a) Cause the applicant to complete a release of information statement for purposes of law enforcement licensing.

(b) Cause the applicant to complete the applicant background affidavit.

(c) Cause the applicant to be examined to determine that the applicant meets the medical standards in R 28.14204. A declaration of the applicant's medical history shall be made available to the examining physician and shall become a part of the background investigation.

(d) Cause the applicant to be fingerprinted and a search to be made of appropriate state and federal fingerprint files to disclose any criminal record within 180 days before the date of enrollment.

(e) Conduct an oral interview to determine the applicant's suitability for a law enforcement officer position and to assess appearance, background, and the ability to communicate.

(f) Screen the applicant for compliance with the selection and employment standards in R 28.14203 (a) to (h).

(g) Execute the standards compliance verification affidavit.

(2) The employing agency shall comply with both of the following while a recruit is enrolled in basic law enforcement training:

(a) Pay the enrollment cost for the recruit to the academy.

(b) Pay the employed recruit at least the federal minimum wage during the academy for all hours worked.

(3) During the course of the academy or while employed, the recruit shall not be required, or allowed, to repay the employer for any costs related to attendance at the academy. Further, no prepayment to the employer shall be required, or allowed, for any costs related to attendance at the academy.

(4) If the employed recruit successfully completes the academy and passes the licensing examination, then the employed recruit shall be immediately activated as a law enforcement officer, as provided in R 28.14205, before working as a law enforcement officer.

(5) The employing agency shall be the only agency eligible to activate an employed recruit.

(6) With respect to subrules (4) and (5) of this rule, for good cause the MCOLES executive director may approve a delayed activation as a law enforcement officer or activation by an agency other than the original employing agency. Good cause may include financial hardship and planned or unplanned employment vacancies.

Editor's Note: An obvious error in R 28.14206 was corrected at the request of the promulgating agency, pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule containing the error was published in Michigan Register, 2006 MR 11. The memorandum requesting the correction was published in Michigan Register, 2007 MR 23.

History

• History: 2006 AACS.

Mich. Admin. Code R 28.14207 Employing agency responsibilities; preservice and preservice college recruits {#sec-r-28.14207 omnilex-key=us-mi-regs-official--dept-state-police--R 28.14207}

Rule 207. Before permitting a preservice or preservice college recruit to work as a law enforcement officer, the employing agency shall do all of the following:

(a) Require the applicant to complete a release of information statement for purposes of law enforcement licensing.

(b) Screen the applicant for compliance with the selection and employment standards in R 28.14203 (a) to (h).

(c) Execute the standards compliance verification affidavit.

(d) Verify that the recruit successfully completed a commission approved basic law enforcement course of study and passed the licensing examination.

(e) Verify that the recruit is within the timelines of R 28.14315 or has successfully completed the recognition of prior basic law enforcement training and experience program.

(f) Require the applicant to be examined to determine that the applicant meets the medical standards in R 28.14204. A declaration of the applicant's medical history shall be made available to the examining physician and shall become a part of the background investigation.

(g) Require the applicant to be fingerprinted and a search to be made of appropriate state and federal fingerprint files to disclose any criminal record within 180 days before the date of employment.

(h) Conduct an oral interview to determine the applicant's suitability for a law enforcement officer position and to assess appearance, background, and the ability to communicate.

(i) Activate the recruit as a law enforcement officer by complying with R 28.14205.

History

• History: 2006 AACS.

Mich. Admin. Code R 28.14208 Practices and standards {#sec-r-28.14208 omnilex-key=us-mi-regs-official--dept-state-police--R 28.14208}

Rule 208. Recruitment and employment practices and standards shall comply with the law applicable to law enforcement officer employment.

History

• History: 2006 AACS.

Mich. Admin. Code R 28.14209 Commission approved testing and test results {#sec-r-28.14209 omnilex-key=us-mi-regs-official--dept-state-police--R 28.14209}

Rule 209. All of the following apply to the testing specified in R 28.14203(g):

(a) The commission's reading and writing examination shall be administered only at approved locations under the supervision of and in a manner prescribed by the commission.

(b) Test results shall be maintained in the commission's information system and shall be available to the test taker and prospective employing agencies.

(c) A governmental agency, or its agent, may administer a reading and writing examination in lieu of the commission's examination if the agency certifies, in writing to the commission, that the examination is in compliance with the definition of "reading and writing examination" in R 28.14201. The commission may request that additional written documentation be submitted by a governmental agency, or its agent, to establish that the examination or examinations are in compliance with R 28.14201. The results of the examination(s) shall serve to satisfy the requirements of R 28.14203 and shall apply only to an applicant who seeks employment with the governmental agency giving the examination.

History

• History: 2006 AACS.

Mich. Admin. Code R 28.14210 Minimum in-service law enforcement training standards; establishment by the commission {#sec-r-28.14210 omnilex-key=us-mi-regs-official--dept-state-police--R 28.14210}

Rule 210. The commission, with due consideration to varying factors and special requirements of local law enforcement agencies, may establish, maintain, and update minimum standards for in-service law enforcement training for commission licensed law enforcement officers in the policy and procedures manual published pursuant to R 28.14211.

History

• History: 2006 AACS.

Mich. Admin. Code R 28.14211 Publication of policies and procedures manual {#sec-r-28.14211 omnilex-key=us-mi-regs-official--dept-state-police--R 28.14211}

Rule 211. The commission shall prepare and publish a policies and procedures manual which is consistent with the act and these rules and which shall govern the implementation and administration of the programs described in these rules.

PART 3. BASIC RECRUIT LAW ENFORCEMENT TRAINING

PROGRAMS

History

• History: 2006 AACS.

Mich. Admin. Code R 28.14301 Definitions {#sec-r-28.14301 omnilex-key=us-mi-regs-official--dept-state-police--R 28.14301}

Rule 301. As used in this part:

(a) "Academy operating contract" means a basic law enforcement training academy standard form contract executed between MCOLES and an academy under the administrative procedures act, section 7, 1969 PA 306, MCL 24.207(p).

(b) "Accredited community college, college, or university" means a community college, college, or university that has been accredited by an agency or association that has been recognized by the United States department of education.

(c) "Agency basic law enforcement training academy" means a law enforcement agency that is approved by the commission to provide a course of study for qualified recruits employed by that law enforcement agency.

(d) "Basic law enforcement training academy graduate" means a recruit who has completed the training and educational requirements of a commission approved basic law enforcement training academy.

(e) "Curriculum" means the commission mandated training objectives and training standards, as well as facilitator guides, assessment instruments, and other materials that are published by the commission for use in a commission approved basic law enforcement training academy.

(f) "Executive committee" means the committee of the commission established pursuant to the commission bylaws.

(g) "Preservice college basic law enforcement training academy" means a commission approved training and education program offered by an accredited community college, college, or university that incorporates the commission mandated curriculum in the academic course of study.

(h) "Program administrator" means a person who is employed by a city, county, township, village, corporation, college, community college, university, or state agency and who has been delegated authority to commit the agency to the basic law enforcement training academy proposal, annual operating plan, and the academy operating contract. The program administrator shall have management and oversight authority of the academy but shall not be the same person as the training director.

(i) "Regional basic law enforcement training academy" means a city, county, township, village, corporation, college, community college, university, or state agency that is approved by the commission to offer a basic law enforcement training program to preservice and employed recruits.

(j) "Satisfactory grade" means a grade of 70%, 2.0 on a 4.0 scale, or an institutional equivalent, or better grade, in each course included in the commission approved course of study in a preservice college basic training academy, unless specified otherwise in these rules.

(k) "Session" means a commission approved time frame during which a group of recruits are trained during basic law enforcement training at an academy.

(l) "Training and education advisory committee" means a group composed of knowledgeable persons, including law enforcement officials, who act in an advisory capacity regarding the establishment, guidance, and evaluation of a commission approved basic law enforcement training academy.

(m) "Training director" means that person who is responsible for the day-today operation of a basic law enforcement training academy.

(n) "Training objective" means a behavioral statement that describes a knowledge, skill, or ability to be acquired by the recruit during the delivery of the basic law enforcement training course of study.

History

• History: 2008 AACS.

Mich. Admin. Code R 28.14302 Authorization of basic law enforcement training academy; approval by commission {#sec-r-28.14302 omnilex-key=us-mi-regs-official--dept-state-police--R 28.14302}

Rule 302. A city, county, township, village, corporation, college, community college, university, or state agency shall obtain commission authorization before proceeding to establish an agency or regional basic law enforcement training academy or a preservice college basic law enforcement training academy under R 28.14303.

History

• History: 2008 AACS.

Mich. Admin. Code R 28.14303 Establishment of basic law enforcement training academy; program proposal {#sec-r-28.14303 omnilex-key=us-mi-regs-official--dept-state-police--R 28.14303}

Rule 303. (1) A city, county, township, village, corporation, college, community college, university, or state agency shall submit a written program proposal to establish a basic law enforcement training academy. The written program proposal shall be submitted to the commission in the manner prescribed by the commission not less than 90 days before the date of the commission meeting.

(2) The written program proposal shall contain, at a minimum, all of the following:

(a) A detailed description of the facilities and equipment to be used by recruits and instructors that will comply with the commission requirements.

(b) A description of the duties, responsibilities, and membership of the training and education advisory committee.

(c) The name, address, and position of the program administrator.

(d) The name, title, and qualifications of the training director.

(e) A description of the goals and objectives of the basic law enforcement training academy.

(f) A description of the nature and scope of the applicant's financial and philosophical commitment to the basic law enforcement training academy.

(g) A copy of the academy rules governing recruit conduct.

(h) Identification of the academy requirements for an enrolled recruit.

(i) Identification of the course of study in the law enforcement training academy sessions.

(j) A statement recognizing the commission's authority to visit and inspect the basic law enforcement training academy and to be furnished requested records and documentation.

(k) Identification and descriptions of affiliations with agencies, colleges, and universities that will be a part of the basic law enforcement training academy.

(l) An estimate of the number of basic law enforcement training academy sessions that will be offered on a yearly basis.

(m) A statement documenting the need for establishment of the proposed academy that includes both of the following:

(i) The need by law enforcement agencies in the proposed service area.

(ii) The prospective recruits' need for the proposed academy.

(n) Documentation of support from the local law enforcement community within the geographic service area of the proposed academy.

(o) A statement describing the selection methods of prospective preservice and preservice college recruits.

(p) The projected starting and graduation dates of the first basic law enforcement training academy session.

(q) A definition of the geographical area that the proposed basic law enforcement training academy will serve.

(r) A projection of the number of recruits that will be enrolled in the academy on a yearly basis.

(s) Verification that acceptable live-in facilities are available in the vicinity of the basic law enforcement training academy.

(3) The entity submitting the program proposal in subrule (1) of this rule shall do all of the following with respect to the training and education advisory committee described in subrule (2)(b) of this rule.

(a) The training and education advisory committee shall be appointed before development of the program proposal and shall be consulted on all aspects of the application.

(b) The committee shall approve the program proposal before it is submitted to the commission. If the commission approves the program proposal, then the committee shall be consulted on a continuing basis regarding the operation of the academy.

(4) If the commission determines that the application is incomplete, then an amended application with amplification or clarification shall be filed within 30 days after the date of a request by the commission.

(5) Failure to comply with subrule (4) of this rule is grounds for denial of the application.

(6) Written commission approval of the program proposal shall be obtained before submitting an annual operating plan under R 28.14307.

(7) An approved basic law enforcement academy that fails to conduct an academy session for 3 years shall submit a new program proposal for commission approval to reestablish itself as an approved basic law enforcement training academy.

History

• History: 2008 AACS.

Mich. Admin. Code R 28.14304 Establishment of preservice college basic training academy; program proposal {#sec-r-28.14304 omnilex-key=us-mi-regs-official--dept-state-police--R 28.14304}

Rule 304. In addition to the requirements in R 28.14303, the program proposal of a preservice college basic law enforcement training academy shall include all of the following:

(a) A copy of the community college, college, or university rules governing student conduct beyond those established by the commission.

(b) A description of how students will be selected for acceptance into the preservice college basic training academy at the applicant's institution.

(c) Identification of how and where the commission curriculum and additional community college, college, or university training objectives will be incorporated into the community college, college, or university course work.

(d) Identification of the requirements that an enrolled preservice college recruit shall meet to successfully complete the prescribed course of study at the community college, college, or university.

History

• History: 2008 AACS.

Mich. Admin. Code R 28.14305 Establishment of agency basic law enforcement training academy; program proposal {#sec-r-28.14305 omnilex-key=us-mi-regs-official--dept-state-police--R 28.14305}

Rule 305. (1) The program proposal of a law enforcement agency that seeks to establish an agency basic law enforcement training academy shall comply with R 28.14303, except for R 28.14303(2) (b), (k), (m), (n), (o) and (q).

(2) In addition to the requirements of subrule (1) of this rule, the application shall include a statement documenting the need for establishment of the proposed academy by the law enforcement agency and the prospective recruits' need for the proposed academy.

History

• History: 2008 AACS.

Mich. Admin. Code R 28.14306 Training director responsibilities {#sec-r-28.14306 omnilex-key=us-mi-regs-official--dept-state-police--R 28.14306}

Rule 306. The training director of an approved basic law enforcement training academy shall do all of the following:

(a) Ensure that the academy is operated in compliance with these rules and the academy operating contract.

(b) Ensure that each recruit is enrolled and maintains compliance with these rules and the academy operating contract.

History

• History: 2008 AACS.

Mich. Admin. Code R 28.14307 Annual operating plan; academy requirements after approval; notice of change in structure or content of program; commission approval required {#sec-r-28.14307 omnilex-key=us-mi-regs-official--dept-state-police--R 28.14307}

Rule 307. A city, county, township, village, corporation, college, community college, university, or state agency authorized by the commission to establish a basic law enforcement training academy shall do the following:

(a) Submit an annual operating plan in the manner prescribed by the commission.

(b) Execute an academy operating contract.

(c) Final approval to operate under MCL 28.609(4)(b) is contingent upon formal acceptance of both subdivisions (a) and (b) of this rule by the commission.

(d) The training director of a basic law enforcement training academy shall notify the commission immediately of any anticipated change in the annual operating plan during an academy session.

(e) Written commission approval of the change shall be obtained before implementing a change.

History

• History: 2008 AACS.

Mich. Admin. Code R 28.14308 Basic law enforcement training academy session; approval required {#sec-r-28.14308 omnilex-key=us-mi-regs-official--dept-state-police--R 28.14308}

Rule 308. A city, county, township, village, corporation, college, community college, university, or state agency approved by the commission as a basic law enforcement training academy shall obtain commission approval in the manner prescribed by the commission before initiating each basic law enforcement training session.

History

• History: 2008 AACS.

Mich. Admin. Code R 28.14309 Revocation of commission approval; probation; suspension {#sec-r-28.14309 omnilex-key=us-mi-regs-official--dept-state-police--R 28.14309}

Rule 309. (1) A documented violation of these rules or the academy operating contract by an approved basic law enforcement training academy shall constitute cause for immediate review of continuing commission approval of the academy.

Following the review, the MCOLES executive director may do any of the following:

(a) Revoke the approval of a basic law enforcement training academy.

(b) Suspend the basic law enforcement training academy approval to operate until specified terms and conditions are met.

(c) Place the basic law enforcement training academy on probation for a specific period of time or until specified terms and conditions are met.

(d) Take informal action to resolve the violation.

(2) The placement of an approved basic law enforcement training academy into a status as set forth in subrule (1) of this rule shall result in any of the following:

(a) An academy placed into a status of revocation shall not operate the basic law enforcement academy, regardless of any active recruit sessions.

The academy shall not be eligible for approval until submission of an application under R 28.14302 and R 28.14303.

(b) An academy placed into a status of suspension shall not operate the basic law enforcement academy, regardless of any active recruit sessions. The academy shall not be eligible for approval to resume operation until specified terms and conditions set forth by the commission or the executive committee are met. Failure to meet the specified terms and conditions may result in further suspension or revocation of the academy.

(c) An approved basic law enforcement training academy placed into a status of probation may continue operation, including any active recruit sessions, provided that specified terms and conditions set forth by the executive director are met. Failure to meet the specified terms and conditions may result in suspension or revocation of approval of the academy.

(3) The executive director may authorize remedial action to minimize the impact of any academy sanction on recruits.

(4) The executive director shall immediately report his academy disciplinary action to the executive committee.

History

• History: 2008 AACS.

Mich. Admin. Code R 28.14310 Basic law enforcement training academy; right to appeal denial, revocation, suspension, or probation {#sec-r-28.14310 omnilex-key=us-mi-regs-official--dept-state-police--R 28.14310}

Rule 310. (1) A basic law enforcement training academy shall have standing to appeal in writing a denial, revocation, suspension, or probation to the commission within 3 business days of issuance of the original notice.

(2) The executive committee shall act on behalf of the commission, if the commission is not scheduled to meet within 5 business days of receipt of an appeal. A decision by the executive committee or the commission is final.

History

• History: 2008 AACS.

Mich. Admin. Code R 28.14311 Basic law enforcement training curriculum; course of study {#sec-r-28.14311 omnilex-key=us-mi-regs-official--dept-state-police--R 28.14311}

Rule 311. (1) The commission shall publish the basic law enforcement training curriculum.

(2) An approved basic law enforcement training academy shall teach the course of study approved by the commission.

(3) The approved academy shall provide, or provide access to, the curriculum to enrolled recruits.

History

• History: 2008 AACS.

Mich. Admin. Code R 28.14312 Academy enrollment; compliance with standards; deadlines {#sec-r-28.14312 omnilex-key=us-mi-regs-official--dept-state-police--R 28.14312}

Rule 312. (1) An application for enrollment in a commission approved academy, as defined in R 28.14301 (c), (g), and (i), shall be completed in the manner prescribed by the commission and include a release of information for purpose of law enforcement licensing.

(2) The training director shall screen all prospective preservice recruits in a regional basic law enforcement training academy session or a preservice college basic law enforcement training academy to ensure compliance with the selection and employment standards in R 28.14203 (a) to (g) and R 28.14204, not later than 5 business days before the start of an academy session or a preservice college program. An academy shall conduct a background check, in lieu of a comprehensive background investigation, on the form or in the manner prescribed by the commission to determine preservice and preservice college recruit compliance with R 28.14203(e).

(3) Before enrolling a preservice or preservice college recruit in an academy session, the academy shall provide the recruit with an approved medical history form that shall be made available to the examining physician and shall become a part of the physician's medical record.

(4) An employing agency shall ensure compliance with R 28.14206 not later than 5 business days before enrolling a recruit in an academy session.

(5) Within 180 days before the start of an academy, the prospective recruit shall be fingerprinted and a search made of appropriate state and federal fingerprint files to disclose any criminal record.

(6) An oral interview shall be conducted to determine a preservice or preservice college prospective recruit's suitability for a law enforcement officer position and to assess the applicant's demeanor, background, and the ability to communicate.

(7) A prospective recruit intending to enroll in a basic law enforcement training academy session shall take and pass the commission's preenrollment physical fitness examination before, but be within 180 days before the start of the academy session.

(8) The results of the selection and employment standards screening shall be submitted to the commission using the MCOLES information and tracking network not later than 5 business days before the start of an academy session. Exceptions and comments made by the examining physician, an investigator, or other person on source documents shall be included in the MCOLES information and tracking network reporting.

(9) A prospective recruit who is not in full compliance with the selection and employment standards shall not participate in any recruit training or be enrolled by the commission. Any participation in an academic course at a preservice college training academy, without first having complied with this rule, shall not count toward completion of the course of study.

(10) Before enrollment, the prospective recruit shall have executed the commission's standards compliance verification affidavit and the applicant background affidavit.

History

• History: 2008 AACS.

Mich. Admin. Code R 28.14313 Military preservice recruits {#sec-r-28.14313 omnilex-key=us-mi-regs-official--dept-state-police--R 28.14313}

Rule 313. (1) A prospective recruit seeking enrollment in a basic training academy who has prior military law enforcement experience may request a waiver of the requirements in R 28.14315(1)(b) to enroll in a commission approved regional or preservice college basic law enforcement training academy, if all of the following requirements are met:

(a) Have successfully completed a mandatory basic military police training academy.

(b) Have served competently as a military police officer, with full powers of arrest, the authority to carry firearms in the performance of his or her duties, while holding the specialty rank or assignment of a military police officer, or its equivalent, in 1of the 5 branches of the United States armed services, the national guard, or the reserves. The applicant shall have acted in the unrestricted full capacity of a military police officer for a minimum of 2,080 hours following training.

(c) Have been honorably discharged from active duty.

(2) Each requirement listed above shall be verified through a commission review of a properly executed DD-214 and the applicant's military service record.

History

• History: 2008 AACS.

Mich. Admin. Code R 28.14314 Basic recruit requirements {#sec-r-28.14314 omnilex-key=us-mi-regs-official--dept-state-police--R 28.14314}

Rule 314. A basic law enforcement training recruit shall do the following:

(a) Comply with all of the attendance and academic requirements.

(b) Comply with all administrative rules, policies and procedures, and academy rules.

(c) Successfully complete the prescribed course of study during the approved academy session. An extension for the completion of the basic training program and testing requirements may be granted by the commission for a recruit under the following conditions:

(i) The recruit has a documented physical injury sustained during an academy training event that is temporary and medically prohibits the recruit from full and active participation in 1 or more components of the basic training program or testing.

(ii) The recruit has a documented family or medical emergency situation outside the parameters of the academy that reasonably prohibits the recruit from full and active participation in 1 or more components of the basic training program or testing.

(iii) The recruit shall not be absent for more than one-half of any individual physical skills training and not more than 10% of the overall session.

(iv) An application for an extension shall be filed with the commission by the training director for a pre-service recruit or by a law enforcement agency for an employed recruit. The application shall comply with the procedures outlined in the policies and procedures manual published pursuant to R 28.14211.

History

• History: 2008 AACS.

Mich. Admin. Code R 28.14315 Preservice and preservice college recruit requirements {#sec-r-28.14315 omnilex-key=us-mi-regs-official--dept-state-police--R 28.14315}

Rule 315. (1) In addition to the requirements of R 28.14314, preservice and preservice college recruits shall do all of the following:

(a) Meet and maintain compliance with the selection and employment standards in R 28.14203 (a) to (g) and R 28.14204.

(b) Possess either an associate or baccalaureate degree before the commission will recognize the completion of the regional basic law enforcement training academy unless the requirement has been waived under R 28.14313.

(c) At the time of employment, comply with all of the selection and employment standards in R 28.14203 and R 28.14204.

History

• History: 2008 AACS.

Mich. Admin. Code R 28.14316 Preservice college recruit requirements {#sec-r-28.14316 omnilex-key=us-mi-regs-official--dept-state-police--R 28.14316}

Rule 316. In addition to the requirements in R 28.14314 and R 28.14315, a preservice college recruit shall do all of the following:

(a) Meet the requirements established by the community college, college, or university for enrollment in its approved preservice college basic training academy.

(b) Complete the commission approved preservice college basic training course of study within a 1 year period.

(c) Attain a satisfactory grade in all preservice college courses, as evidenced by an official academic transcript.

(d) Graduate from an associate or baccalaureate degree program at an accredited community college, college, or university and have been awarded either an associate or baccalaureate degree before employment as a law enforcement officer.

History

• History: 2008 AACS.

Mich. Admin. Code R 28.14317 Agency basic recruits {#sec-r-28.14317 omnilex-key=us-mi-regs-official--dept-state-police--R 28.14317}

Rule 317. In addition to the requirements in R 28.14314, an agency basic recruit shall comply with the following:

(a) Meet and maintain compliance with the selection and employment standards in R 28.14203 (a) to (h) and R 28.14204.

(b) Maintain employment with the enrolling agency through successful completion of the course of study.

(c) Complete the commission approved basic training course of study during the session within which the recruit is enrolled.

History

• History: 2008 AACS.

Mich. Admin. Code R 28.14318 Recruit dismissals; grounds {#sec-r-28.14318 omnilex-key=us-mi-regs-official--dept-state-police--R 28.14318}

Rule 318. (1) After investigation and consultation with the commission, the training director shall do the following:

(a) Dismiss an enrolled recruit for failure to comply with or successfully complete the requirements in R 28.14314 to R 28.14317, as applicable.

(b) Dismiss an employed recruit for failure to do either of the following:

(i) Maintain employment with a law enforcement agency during the basic law enforcement training academy.

(ii) Maintain compliance with the minimum selection and employment standards in R 28.14203 (a) to (f) and R 28.14204 during the basic law enforcement training academy.

(2) The training director may dismiss an enrolled recruit after investigation and consultation with the commission for failure to comply with academy rules and regulations or the academy operating contract.

(3) An agency law enforcement basic training academy may dismiss an employed recruit for reasons unrelated to subrules (1) and (2) of this rule without consultation with the commission. The academy shall notify the commission of the dismissal and the reason for the dismissal.

(4) The commission may investigate and dismiss a recruit based on a violation of these rules, the academy operating contract, or the academy's rules and regulations as approved in the annual operating agreement.

History

• History: 2008 AACS.

Mich. Admin. Code R 28.14319 Recruit dismissals; appeal; final decision {#sec-r-28.14319 omnilex-key=us-mi-regs-official--dept-state-police--R 28.14319}

Rule 319. (1) A recruit dismissal may be appealed in the following manner:

(a) An employer may appeal a dismissal of an employed recruit to the commission.

(b) A dismissed employed recruit shall not have standing to appeal the dismissal to the commission.

(2) A commission decision on appeal is final.

(3) A preservice or preservice college recruit may appeal a dismissal to the MCOLES executive director. The executive director's decision is final.

History

• History: 2008 AACS.

Mich. Admin. Code R 28.14320 Recruit eligibility to take licensing exam; timeframe {#sec-r-28.14320 omnilex-key=us-mi-regs-official--dept-state-police--R 28.14320}

Rule 320. A basic law enforcement training recruit shall do the following:

(a) Comply with all of the requirements in R 28.14314 to R 28.14317, as applicable, before taking the licensing exam.

(b) Pass the licensing exam within 1 year of complying with the requirements in subdivision (a) of this subrule.

History

• History: 2008 AACS.

Mich. Admin. Code R 28.14321 Recruit licensing eligibly timeframes {#sec-r-28.14321 omnilex-key=us-mi-regs-official--dept-state-police--R 28.14321}

Rule 321. A recruit who is not employed and licensed as a law enforcement officer within 1 year of completion of a basic law enforcement training academy session shall, before licensing, comply with the requirements of the recognition of prior basic law enforcement training and experience program.

The executive director may extend the timelines in this subrule by not more than 90 days for either of the following reasons:

(a) If required by reexamination under R 28.14204(g) or R 28.14602.

(b) For good cause based on a prospective employing agency's written request.If an extension request is granted, the extension applies only to employment with the requesting agency.

PART 4. RECOGNITION OF PRIOR BASIC LAW ENFORCEMENT

TRAINING AND EXPERIENCE

History

• History: 2008 AACS.

Mich. Admin. Code R 28.14401 Definitions {#sec-r-28.14401 omnilex-key=us-mi-regs-official--dept-state-police--R 28.14401}

Rule 401. As used in this part:

(a) "Approved in-service law enforcement training provider" means a training provider who delivers commission approved in-service law enforcement training.

(b) "Post agency" means the state peace officer standards and training agency or agencies, in a state other than Michigan, that is authorized by that state's laws to establish training and employment rules for the certification or licensing of law enforcement officers in that state.

(c) "Program" means both the curriculum component and the written and skill performance examinations component of the recognition of prior basic law enforcement training and experience program.

History

• History: 2006 AACS.

Mich. Admin. Code R 28.14402 Recognition of prior training and experience program; basic program eligibility {#sec-r-28.14402 omnilex-key=us-mi-regs-official--dept-state-police--R 28.14402}

Rule 402. A person enrolling in the recognition of prior basic law enforcement training and experience program shall submit a complete application for enrollment to the commission before consideration for acceptance into the program.

History

• History: 2006 AACS.

Mich. Admin. Code R 28.14403 Recognition of prior training and experience program; former Michigan officer candidate qualifications {#sec-r-28.14403 omnilex-key=us-mi-regs-official--dept-state-police--R 28.14403}

Rule 403. A person who was previously certified or licensed as a law enforcement officer in Michigan shall meet all of the following requirements for admission to the program:

(a) Discontinuance in employment with full empowerment as a licensed Michigan law enforcement officer for a period of time in excess of that provided for in section 9(2) of the act, being MCL 28.609(2).

(b) Reasonably expect to meet the selection and employment requirements of R 28.14203(a) to (j), except for (g) and (i), and R 28.14204.

(c) The separation from employment as a law enforcement officer shall have been under such conditions that qualify the candidate for employment in Michigan as a law enforcement officer.

Editor's Note: An obvious error in R 28.14403 was corrected at the request of the promulgating agency, pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule containing the error was published in Michigan Register, 2006 MR 11. The memorandum requesting the correction was published in Michigan Register, 2008 MR 13.

History

• History: 2006 AACS.

Mich. Admin. Code R 28.14404 Recognition of prior training and experience program; non- Michigan officer candidate qualifications {#sec-r-28.14404 omnilex-key=us-mi-regs-official--dept-state-police--R 28.14404}

Rule 404. A person who is or was previously certified or licensed as a law enforcement officer by a post agency in another state shall meet all of the following requirements for admission to the program:

(a) Have completed a post agency basic law enforcement training program recognized by the commission or have been employed as a law enforcement officer before the establishment of training standards in that state.

(b) Have been employed as a law enforcement officer empowered to enforce all of the general criminal laws in that state and have acted in that capacity for a minimum of 2080 hours following the date of certification or licensing.

(c) Reasonably expect to meet the current selection and employment standards of R 28.14203(a) to (j), except for (g) and (i), and R 28.14204.

(d) If not currently employed as a law enforcement officer, the separation from employment as a law enforcement officer shall have been under such conditions that qualify the candidate for employment in Michigan as a law enforcement officer.

Editor's Note: An obvious error in R 28.14404 was corrected at the request of the promulgating agency, pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule containing the error was published in Michigan Register, 2006 MR 11. The memorandum requesting the correction was published in Michigan Register, 2008 MR 13.

History

• History: 2006 AACS.

Mich. Admin. Code R 28.14405 Recognition of prior training and experience program; Michigan Indian tribal law enforcement officer candidate qualifications {#sec-r-28.14405 omnilex-key=us-mi-regs-official--dept-state-police--R 28.14405}

Rule 405. A person who intends to participate in the recognition of prior basic law enforcement training and experience program by virtue of employment as a Michigan Indian tribal law enforcement officer shall comply with all of the following:

(a) Have successfully completed a basic law enforcement training program recognized by a post agency in another state, or a federally operated police training school that was sufficient to fulfill the minimum standards required by federal law to be appointed as a law enforcement officer of a Michigan Indian tribal police force.

(b) Be currently employed or have been employed as a law enforcement officer of a Michigan Indian tribal police force for not less than 1 year and empowered to enforce the criminal laws and have acted in that capacity following the date of appointment.

(c) Reasonably expect to meet the current selection and employment standards of R 28.14203(a) to (j), except (g) and (i), and R 28.14204.If not currently employed as a law enforcement officer, the separation from employment as a law enforcement officer shall have been under such conditions that qualify the candidate for employment in Michigan as a law enforcement officer.

Editor's Note: An obvious error in R 28.14405 was corrected at the request of the promulgating agency, pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule containing the error was published in Michigan Register, 2006 MR 11. The memorandum requesting the correction was published in Michigan Register, 2008 MR 13.

History

• History: 2006 AACS.

Mich. Admin. Code R 28.14406 Recognition of prior training and experience program; preservice recruit candidate qualifications {#sec-r-28.14406 omnilex-key=us-mi-regs-official--dept-state-police--R 28.14406}

Rule 406. A person who intends to participate in the recognition of prior basic law enforcement training and experience program by virtue of having been previously eligible for licensing, based on compliance with the preservice recruit requirements in these rules, shall reasonably expect to meet the current selection and employment standards in R 28.14203 and R 28.14204 upon employment as a law enforcement officer.

Editor's Note: An obvious error in R 28.14403 was corrected at the request of the promulgating agency, pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule containing the error was published in Michigan Register, 2006 MR 11. The memorandum requesting the correction was published in Michigan Register, 2008 MR 13.

History

• History: 2006 AACS.

Mich. Admin. Code R 28.14407 Completion requirements; time limits; extension {#sec-r-28.14407 omnilex-key=us-mi-regs-official--dept-state-police--R 28.14407}

Rule 407. (1) A candidate authorized to attend the recognition of prior basic law enforcement training and experience program shall start those components of the program required of the candidate within 3 months of receiving approval to enroll.

Failure by a candidate to comply with this requirement shall require the candidate to reapply for admission to the program.

(2) Upon enrollment, the candidate shall execute the commission's affidavit of compliance with applicant background and eligibility requirements.

(3) For good cause, the commission may waive the time requirements and grant one 3-month extension on an approved application.

(4) A candidate who does not complete the program within 3 months of the start of the program shall be required to reapply for admission to the program, except as provided in R 28.14410(5).

History

• History: 2006 AACS.

Mich. Admin. Code R 28.14408 Recognition of prior training and experience program; hours; content, scope, and requirements; modification {#sec-r-28.14408 omnilex-key=us-mi-regs-official--dept-state-police--R 28.14408}

Rule 408. (1) The recognition of prior basic law enforcement training and experience program curriculum component content shall be set by the commission.

(2) The commission shall establish requirements for the curriculum component of the program with respect to all of the following:

(a) Criteria and qualification for exemption from various parts of the curriculum component, with due consideration for all of the following:

(i) Previous training and experience.

(ii) The position for which employment is sought.

(iii) Attendance and participation.

(iv) Testing and testi ng standards.

(3) The commission may modify the content and scope of the curriculum component. The requirements for the curriculum component shall be published in the policies and procedure manual, published pursuant to R 28.14210.

History

• History: 2006 AACS.

Mich. Admin. Code R 28.14409 Demonstrate competence on licensing and performance examinations {#sec-r-28.14409 omnilex-key=us-mi-regs-official--dept-state-police--R 28.14409}

Rule 409. (1) The licensing examination shall be administered by the commission to determine that a candidate possesses minimum competencies required for licensing only after the candidate has successfully completed all assessments and requirements.

(2) Performance examinations may be administered by the commission to assess a candidate's competence in skill areas.

(3) Competence shall be demonstrated on each examination to successfully complete the recognition of prior basic law enforcement training and experience program.

(4) Administration of a skill performance examination shall conform to the procedures used in the recruit training program as specified in the policies and procedures manual published pursuant to R 28.14210.

(5) The commission may establish requirements for exemption from various skill performance examinations, with due consideration for both of the following:

(i) Previous training and experience.

(ii)The position for which employment is sought.

History

• History: 2006 AACS.

Mich. Admin. Code R 28.14410 Examination protocols; first assessment; second assessment; failure {#sec-r-28.14410 omnilex-key=us-mi-regs-official--dept-state-police--R 28.14410}

Rule 410. (1) A person in the recognition of training and experience program who fails the first assessment of the licensing examination is eligible for a second assessment within the time limits provided in R 28.14407.

(2) A person who fails the first assessment of a performance examination in a skill area is eligible for a second assessment in a failed skill area within the time limits provided in R 28.14407.

(3) A second assessment on the licensing examination or in a skill area shall be at the expense of the applicant.

(4) A person who fails a second assessment on the licensing examination or fails 2 or more skill areas shall enroll in and successfully complete the Michigan basic law enforcement training program to be employed and activated as a law enforcement officer.

(5) A person who fails a second assessment in not more than 1 skill area may, at that person's option, do one of the following to complete the requirements of the failed skill area:

(a) Apply for enrollment and be accepted in a regular basic training session at a Michigan basic police training academy for training and testing in the failed skill area.

An academy may decline an enrollment request.

Comply with the following:

(i) The costs related to enrollment in an academy shall be at the expense of the applicant or the employer.

(ii) Comply with all of the academy and commission enrollment requirements.

(iii) Comply with and successfully complete all of the academy attendance, participation, and testing requirements in the failed skill area.

(b) Apply for enrollment and be accepted in a commission approved law enforcement training program for the failed skill area and comply with the following:

(i) The costs related to enrollment in the approved program shall be at the expense of the applicant or the employer.

(ii) Comply with all of the program enrollment requirements.

(iii) Comply with and successfully complete all of the program attendance, participation, and testing requirements.

(6) The results of the training shall be reported to the commission in the manner and form prescribed by the commission.

(7) Following the receipt of the results of the training by the commission, the person shall apply to, be accepted in, and complete the skill area assessment in the recognition of prior basic law enforcement training and experience program. A second failure in the skill area shall require that the person enroll in and successfully complete the recognition of prior basic law enforcement training and experience program in order to be eligible to be licensed as a law enforcement officer.

(8) A person shall successfully complete the recognition of prior basic law enforcement training and experience program, including the requirements of this rule, within 1 year of the start of the program.

Editor's Note: An obvious error in R 28.14403 was corrected at the request of the promulgating agency, pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule containing the error was published in Michigan Register, 2006 MR 11. The memorandum requesting the correction was published in Michigan Register, 2008 MR 13.

History

• History: 2006 AACS.

Mich. Admin. Code R 28.14411 Responsibilities of employing agency {#sec-r-28.14411 omnilex-key=us-mi-regs-official--dept-state-police--R 28.14411}

Rule 411. Before permitting a person who has successfully completed the recognition of prior basic law enforcement training and experience program to work as a law enforcement officer, an employing agency shall activate the person as a law enforcement officer under R 28.14204.

History

• History: 2006 AACS.

Mich. Admin. Code R 28.14412 Request to conduct the recognition of prior training and experience program; minimum instructor qualifications {#sec-r-28.14412 omnilex-key=us-mi-regs-official--dept-state-police--R 28.14412}

Rule 412. (1) An academy approved by the commission to conduct the basic law enforcement training and experience program may apply for approval to conduct the recognition of prior basic law enforcement training and experience program. The commission may solicit additional academies to conduct the program.

(2) The minimum qualifications for instructing in the program are the same as those prescribed for the basic law enforcement training program.

(3) An academy approved to conduct the recognition of prior basic law enforcement training and experience program shall annually submit an operating plan to the commission for approval. The program shall not be run until the operating plan is approved and an operating agreement is in place.

(4) An academy or an approved in-service law enforcement training provider may apply for approval to conduct a recognition of prior basic law enforcement training and experience skill training program.The skill training program shall compress the required skill area training, as provided in R 28.14410, into one condensed block of instruction.The minimum qualifications for instructing in the program are the same as those prescribed for the basic law enforcement training program.

History

• History: 2006 AACS.

Mich. Admin. Code R 28.14413 Expiration of eligibility for licensing; extension {#sec-r-28.14413 omnilex-key=us-mi-regs-official--dept-state-police--R 28.14413}

Rule 413. (1) Eligibility for activation as a law enforcement officer for a person admitted to the recognition of prior basic law enforcement training and experience program under R 28.14403 to R 28.14406 shall expire 12 months after the completion of the program or the first assessment on the licensing examination, whichever comes first.

(2) For good cause, the executive director may waive the time requirements and grant one 3-month extension.

(3) A person who successfully completes the program, and is activated as a law enforcement officer within the eligibility period, shall be subject to time conditions as provided for in section 9(2) of the act, MCL 28.609(2).

History

• History: 2006 AACS.

Mich. Admin. Code R 28.14414 Policies and procedures {#sec-r-28.14414 omnilex-key=us-mi-regs-official--dept-state-police--R 28.14414}

Rule 414. The commission shall prepare and publish policies and procedures which are consistent with the rules in this part and which shall govern the implementation and administration of the recognition of prior basic law enforcement training and experience program. The policies and procedures shall be part of the policies and procedures manual published pursuant to R 28.14210.

PART 5. LICENSING, REPORTING, AND TRACKING

History

• History: 2006 AACS.

Mich. Admin. Code R 28.14501 Definitions {#sec-r-28.14501 omnilex-key=us-mi-regs-official--dept-state-police--R 28.14501}

Rule 501. As used in this part:

(a) "Employment transaction" means any hire or separation of a law enforcement officer from fully empowered employment.

(b) "Non-state statute employing agency" means an agency that does not meet the definition of a law enforcement agency in R 28.14102(f), but employs one or more persons who meet the definition of a "police officer" or "law enforcement officer" as provided in MCL 28.602(l), other than MCL 28.602(l)(i).

(c) "Separation from law enforcement authority" means a discontinuation in employment as a licensed law enforcement officer, including a change in fully sworn status, or removal of full empowerment, if the separation exceeds the time frames specified in the act, MCL 28.609(2). A separation from law enforcement authority has occurred if the person is not at work and is unavailable to report for a regular duty shift as a law enforcement officer for a period of time that exceeds the time frames in MCL 28.609(2).

History

• History: 2006 AACS.

Mich. Admin. Code R 28.14502 Employment history record; maintenance {#sec-r-28.14502 omnilex-key=us-mi-regs-official--dept-state-police--R 28.14502}

Rule 502. (1) A recognized law enforcement agency shall maintain an employment history record for each law enforcement officer employed, subject to inspection by the commission. The employment history record shall include all of the following documentation:

(a) Proof of paid employment.

(b) Standards compliance documentation, as specified in R 28.14504, if applicable.

(c) The officer's license issued by the commission for that agency.

(d) Proof of conferral of law enforcement authority.

(e) Proof of separation from law enforcement authority, if applicable.

(f) Proof of reinstatement of law enforcement authority, if applicable.

(g) Proof of separation from employment, if applicable.

(2) The documents in the employment history record shall be maintained for either of the following, whichever is longer:

(a) Thirty years from the date of creation of the document, with the exception provided in R 28.14504(f), even if the officer separates from employment with the agency or becomes deceased.

(b) As long as the officer is employed plus 5 years.

History

• History: 2006 AACS.

Mich. Admin. Code R 28.14503 MCOLES information and tracking network; maintenance of employment history record {#sec-r-28.14503 omnilex-key=us-mi-regs-official--dept-state-police--R 28.14503}

Rule 503. (1) A recognized law enforcement agency shall report an employment history record for each fully empowered law enforcement officer employed by the agency using the MCOLES information and tracking network.

(2) For purposes of the MCOLES information and tracking network and these rules, a non-state statute employing agency shall be verified by the commission as a recognized law enforcement agency.

(3) With respect to the following, the agency shall verify existing information in the MCOLES information and tracking network or submit compliance documentation for information verified independently by the agency:

(a) Successful completion of basic law enforcement officer training.

(b) Screening for compliance with the employment standards in R 28.14203, R 28.14204, R 28.14206 and R 28.14207. Exceptions and comments made by the person or persons conducting the screening shall be entered into the MCOLES information and tracking network record.

(c) Initial law enforcement officer license activation.

(d) Agency employment transactions.

(e) Commission mandated in-service law enforcement training.

(4) With respect to the following, the agency shall verify existing information in the MCOLES information and tracking network or submit compliance documentation for information verified independently by the agency, if applicable:

(a) Recognition of prior law enforcement officer basic training.

(b) Reactivation of the Michigan law enforcement officer license.

(c) Separation from law enforcement authority.

(d) A violation of MCL 28.609b.

(5) The agency may submit all of the following, if applicable:

(a) Specialties and endorsements recognized by the commission that may be appended to a law enforcement officer's license.

(b) Non-mandated in-service law enforcement training.

(c) Out-of-state law enforcement in-service licenses and/or certifications.

(6) The agency shall annually verify its roster of commission licensed law enforcement officers consistent with R 28.14511.

History

• History: 2006 AACS.

Mich. Admin. Code R 28.14504 Standards compliance documentation; maintenance {#sec-r-28.14504 omnilex-key=us-mi-regs-official--dept-state-police--R 28.14504}

Rule 504. An agency employing and activating a person, for initial licensing or licensing pursuant to the recognition of prior basic law enforcement training and experience program, being R 28.14401, shall maintain all of the following documentation:

(a) A copy of the authorization for release of information for license activation form signed by the person.

(b) A copy of the position description for the position into which the officer was hired and sworn.

(c) Proof of conferral of authority, such as an oath of office, showing the name of the officer and the date on which the person became a fully empowered law enforcement officer.

(d) The commission application for licensing completed by the agency to document that the applicant met the selection and employment standards in R 28.14204.

(e) A copy of the required state and federal fingerprint search results.

(f) A copy of the required background investigation, which shall be maintained for not less than 5 years.

(g) A copy of the required drug screen report.

(h) Proof of compliance with the education requirements.

(i) Proof of United States citizenship.

(j) A copy of the officer's operator's or chauffeur's license valid at the time of license activation.

History

• History: 2006 AACS.

Mich. Admin. Code R 28.14505 Document retention; academies {#sec-r-28.14505 omnilex-key=us-mi-regs-official--dept-state-police--R 28.14505}

Rule 505. (1) An academy shall retain standards compliance documentation for preservice and preservice college recruits for 3 years following the completion of training or until the recruit is licensed as a law enforcement officer, whichever is longer.

(2) An academy shall retain both collective and individual basic training academy session documents, except for those records forwarded to the commission, for 30 years from the date of creation of the document.

(3) An academy approved to conduct the recognition of prior basic law enforcement training and experience program shall retain documentation of standards compliance by participants for 3 years and collective and individual documentation of attendance and training, not forwarded to the commission, for 30 years.

History

• History: 2006 AACS.

Mich. Admin. Code R 28.14506 Employment; all applicants {#sec-r-28.14506 omnilex-key=us-mi-regs-official--dept-state-police--R 28.14506}

Rule 506. An agency shall do all of the following when hiring an applicant as a licensed law enforcement officer:

(a) Verify that the person complies with each of the selection and employment standards in R 28.14203 and R 28.14204.

(b) Certify that the person is employed and paid at least a federal minimum wage by the agency as of the date of full empowerment.

(c) Verify that the person has not been convicted of a felony as that term is defined in the act.

(d) Verify that the person has not been convicted of a misdemeanor offense of domestic violence, or is otherwise the subject of a court order, which may make the person ineligible to possess a firearm.

(e) The information in this rule shall be submitted to the commission using the MCOLES information and tracking network.

History

• History: 2006 AACS.

Mich. Admin. Code R 28.14507 Employment; applicant whose Michigan license has not lapsed {#sec-r-28.14507 omnilex-key=us-mi-regs-official--dept-state-police--R 28.14507}

Rule 507. When employing a person previously licensed as a law enforcement officer in Michigan who is within the time frames in the act, being MCL 28.609(2), an agency shall do all of the following in the order listed:

(a) Verify the applicant's eligibility for licensing through the MCOLES information and tracking network.

(b) Administer the oath of office conferring full law enforcement authority on the applicant.

(c) Place a copy of the law enforcement officer new hire notification, which documents the conferral of law enforcement authority, in the officer's employment history record at the agency.

(d) Report the employment transaction to the commission using the MCOLES information and tracking network within 3 business days.

History

• History: 2006 AACS.

Mich. Admin. Code R 28.14508 Employment; applicant eligible for licensing {#sec-r-28.14508 omnilex-key=us-mi-regs-official--dept-state-police--R 28.14508}

Rule 508. When employing an applicant eligible for activation as a licensed law enforcement officer, an agency shall do all of the following concerning that person in the order listed:

(a) Verify eligibility for licensing using the MCOLES information and tracking network.

(b) Activate the person as a licensed law enforcement officer, as provided in R 28.14205.

(c) Place a copy of the license activation report, which documents the conferral of law enforcement authority, in the officer's employment history tracking record at the agency.

History

• History: 2006 AACS.

Mich. Admin. Code R 28.14509 Notice of separation from employment; return of license {#sec-r-28.14509 omnilex-key=us-mi-regs-official--dept-state-police--R 28.14509}

Rule 509. (1) An agency shall report to the commission the separation from employment of a licensed law enforcement officer within 3 business days of separation using the MCOLES information and tracking network.

(2) The report of separation shall include both of the following:

(a) The reason for the separation.

(b) The total hours worked by that officer during the calendar year of the separation.

(3) The agency shall return to the commission the officer's original license that verified employment and licensing with the agency, if such a license was issued to the agency, along with a signed copy of the law enforcement officer separation report.

The agency shall collect and forward to the commission the identification card that may have been issued to the officer by the commission.

History

• History: 2006 AACS.

Mich. Admin. Code R 28.14510 Notice of separation from law enforcement authority {#sec-r-28.14510 omnilex-key=us-mi-regs-official--dept-state-police--R 28.14510}

Rule 510. An agency shall report to the commission the separation from law enforcement authority of a licensed law enforcement officer within 3 business days of knowledge of the separation using the MCOLES information and tracking network. The agency shall make the report when the separation is of an undetermined length or may exceed the time frames specified in the act, being MCL 28.609.

History

• History: 2006 AACS.

Mich. Admin. Code R 28.14511 Employment roster; annual agency verification {#sec-r-28.14511 omnilex-key=us-mi-regs-official--dept-state-police--R 28.14511}

Rule 511. Each agency shall annually confirm its roster of commission licensed law enforcement officers by doing all of the following:

(a) Verify that all licensed law enforcement officers employed by the agency are listed on the agency roster in the MCOLES information and tracking network.

(b) Verify that the current status of each officer is accurate and report the number of paid hours actually worked by each full-time and part-time commission licensed officer during the most recent complete calendar year.

(c) Submit changes or corrections to the commission using the MCOLES information and tracking network during the annual registration window specified by the commission.

History

• History: 2006 AACS.

Mich. Admin. Code R 28.14512 In-service law enforcement training; providers; requirement to register; sanctions {#sec-r-28.14512 omnilex-key=us-mi-regs-official--dept-state-police--R 28.14512}

Rule 512. (1) An in-service law enforcement training provider shall do both of the following through the MCOLES information and tracking network:

(a) Register course offerings with the commission.

(b) Submit a roster of all Michigan licensed law enforcement officers attending a course.

(2) Failure to submit an attendance roster may cause the revocation of the training provider's training course registrations.

History

• History: 2006 AACS.

Mich. Admin. Code R 28.14513 Identification of instructors {#sec-r-28.14513 omnilex-key=us-mi-regs-official--dept-state-police--R 28.14513}

Rule 513. (1) Each academy shall register each instructor who will be teaching in an approved basic law enforcement training academy and identify the instructor's qualifications.

(2) Each in-service law enforcement training provider shall identify each instructor in a registered in-service course.

(3) Instructors shall be reported using the MCOLES information and tracking network.

History

• History: 2006 AACS.

Mich. Admin. Code R 28.14514 Security agreement; information security {#sec-r-28.14514 omnilex-key=us-mi-regs-official--dept-state-police--R 28.14514}

Rule 514. (1) Before use of the MCOLES information and tracking network, an agency, academy, or in-service law enforcement training provider shall execute a user agency agreement with the commission.

(2) The user, its operators, and other employees shall comply with the MCOLES security policy and user agency agreement submitted by the user.

(3) The user's agency head shall designate employees as operators through the completion of an operator agreement for each person.

History

• History: 2006 AACS.

Mich. Admin. Code R 28.14515 Misuse of MCOLES information and tracking network; sanctions {#sec-r-28.14515 omnilex-key=us-mi-regs-official--dept-state-police--R 28.14515}

Rule 515. Any misuse of or access by an unauthorized user of the MCOLES information and tracking network may result in sanctions for both the person and the agency.

History

• History: 2006 AACS.

Mich. Admin. Code R 28.14516 Transfer of employment history record {#sec-r-28.14516 omnilex-key=us-mi-regs-official--dept-state-police--R 28.14516}

Rule 516. If a recognized law enforcement agency is disbanded, then the commission may transfer the employment history record described in R 28.14502 to another recognized law enforcement agency or to the commission.

PART 6. INVESTIGATIONS AND REVOCATIONS

History

• History: 2006 AACS.

Mich. Admin. Code R 28.14601 Definitions {#sec-r-28.14601 omnilex-key=us-mi-regs-official--dept-state-police--R 28.14601}

Rule 601. As used in these rules:

(a) "Application process" means the complete process by which a person becomes a commission licensed law enforcement officer.

(b) "Conviction" or "convicted" means a criminal conviction of an offense included in MCL 28.609b by guilty verdict from a judge or jury, plea of guilty, or plea of no contest.

(c) "Materially false statements" means the failure to provide complete and truthful information required in R 28.14203 and R 28.14204 by a person, or on behalf of a person, during the application process to obtain a license or to gain employment as a law enforcement officer.

(d) "Suspension" means the temporary removal of a licensed law enforcement officer's authority to access the law enforcement information network (LEIN).

(e) "Wrongful disclosure" means the disclosure of information from the law enforcement information network in violation of MCL 28.214.

History

• History: 2006 AACS.

Mich. Admin. Code R 28.14602 Investigation; protocol {#sec-r-28.14602 omnilex-key=us-mi-regs-official--dept-state-police--R 28.14602}

Rule 602. (1) The commission may conduct an investigation, or cause an investigation to be conducted, of an alleged violation of the act, these rules, or a provision of the commission's policies and procedures, published pursuant to R 28.14211 of these rules, by a law enforcement agency, training academy, instructor, or a person.

(2) The investigation shall be consistent with the provisions of MCL 28.609c and these rules.

(3) The commission shall suspend time limits in these rules for not more than 90 days during the course of an investigation, when the time limits would otherwise expire because of a commission investigation.

History

• History: 2006 AACS.

Mich. Admin. Code R 28.14603 Complaints; sharing complaint information {#sec-r-28.14603 omnilex-key=us-mi-regs-official--dept-state-police--R 28.14603}

Rule 603. (1) The commission shall record all complaints, their status, and their resolution.

(2) The commission shall make available to law enforcement agencies as much information as legally permissible regarding complaint for the purpose of conducting background investigations of law enforcement officer applicants.

History

• History: 2006 AACS.

Mich. Admin. Code R 28.14604 Investigation; license; felony conviction; summary suspension.; revocation {#sec-r-28.14604 omnilex-key=us-mi-regs-official--dept-state-police--R 28.14604}

Rule 604. (1) If an investigation discloses that a licensed person was convicted of an offense defined in MCL 28.602(f), an order of summary suspension and notice of intent to revoke shall immediately issue. A hearing shall be conducted under the provisions chapters 4 and 5 of the administrative procedures act of 1969, MCL 24.271 to 24.291, and as provided in part 7 of these rules. A certified copy of the order of conviction shall be evidence of a felony conviction.

(2) If the hearing held under subrule (1) of this rule substatiates that the licensed person was convicted of an offense defined in MCL 602 (f), the commission shall revoke the license of a law enforcement officer.

(3) Upon notification of a final decision of license revocation, the person shall return the license immediately to the commission.

(4) A person who has had a license revoked under this rule shall not be eligible to reapply for a license as long as the felony conviction stands.For the purpose of these rules, set aside or expunged records are considered the same as a conviction.

History

• History: 2006 AACS.

Mich. Admin. Code R 28.14605 Investigation; person with license; fraud or false statement; revocation {#sec-r-28.14605 omnilex-key=us-mi-regs-official--dept-state-police--R 28.14605}

Rule 605. (1) If an investigation discloses that a licensed person committed fraud or made materially false statements in obtaining a license, the commission shall issue a complaint containing the allegations against the person and a notice of the intent to revoke the person's license. The notice shall state that the licensed person has 30 days from the date of issuance of the notice to request in writing either of the following:

(a) an opportunity to show compliance, or (b) a contested case hearing conducted in accordance with chapters 4 and 5 of the administrative procedures act of 1969, being MCL 24.271 to 24.292, and as provided in part 7 of these rules.

(2) If the licensed person fails to request an opportunity to show compliance or a contested case hearing within 30 days of the issuance of the complaint and notice, the failure shall be regarded as an admission to the allegations in the complaint and the executive director shall revoke the license.

(3) If a contested case hearing is held and the licensed person is found to have committed fraud or made materially false statements during the application process for a license, the commission shall revoke the person's license as provided in part 7 of these rules, (4) Upon notification of a final decision of license revocation, the person shall return the license immediately to the commission.

(5) A person whose license is revoked under this rule shall not be eligible to reapply for a license for 2 years from the date of revocation.

(6) A person whose license is revoked under this rule shall include the information related to the revocation in an application for relicensing. The revocation information shall be considered when determining if the person complies with the law enforcement officer selection and employment standards.

History

• History: 2006 AACS.

Mich. Admin. Code R 28.14606 Investigation; non-licensed persons; sanctions {#sec-r-28.14606 omnilex-key=us-mi-regs-official--dept-state-police--R 28.14606}

Rule 606. (1) If a person is not licensed in Michigan and an investigation discloses that the person committed fraud, made false statements, or failed to disclose requested information during the application process for a license, then the executive director shall determine the appropriate sanction under this rule. The executive director may establish internal procedures necessary to implement this rule.

The decision of the executive director shall be final.

(2) Sanctions may include, but are not limited to, all of the following:

(a) A fixed period of time, not less than 2 years, during which the person shall be ineligible for entry into, or continuation in, the application process.

(b) Specific requirements that shall be met before consideration is given for entry into the application process.

(c) Denial of entry into the application process.

History

• History: 2006 AACS.

Mich. Admin. Code R 28.14607 Disclosure of LEIN information; suspension {#sec-r-28.14607 omnilex-key=us-mi-regs-official--dept-state-police--R 28.14607}

Rule 607. Upon written notice by the criminal justice information systems policy council of a determination that a licensed person has wrongfully disclosed information from the law enforcement information network (LEIN), the commission shall suspend the person from the use of information from the LEIN, for a period of time the commission deems appropriate. In making its decision, the commission shall consider the propriety of actions taken by the employing law enforcement agency. The commission shall notify the criminal justice information systems policy council, the employing agency, and the local area dispatch of the sanction and direct the agency to impose the sanction. A sanction or sanctions imposed by the commission may run concurrently with a sanction or sanctions imposed by the employing agency.

History

• History: 2006 AACS.

Mich. Admin. Code R 28.14608 Delegation of power to executive director {#sec-r-28.14608 omnilex-key=us-mi-regs-official--dept-state-police--R 28.14608}

Rule 608. At the discretion of the commission, the executive director may investigate, subpoena, and petition the court as provided in MCL 28.609c.

History

• History: 2006 AACS.

Mich. Admin. Code R 28.14609 Review of investigations for criminal wrongdoing {#sec-r-28.14609 omnilex-key=us-mi-regs-official--dept-state-police--R 28.14609}

Rule 609. If a commission investigation discloses possible wrongdoing of a criminal nature, then the executive director or his or her designee shall refer the case for possible criminal prosecution to the appropriate county prosecuting attorney or the office of the attorney general.

PART 7. CONTESTED CASE HEARINGS

History

• History: 2006 AACS.

Mich. Admin. Code R 28.14701 Eligibility for hearing {#sec-r-28.14701 omnilex-key=us-mi-regs-official--dept-state-police--R 28.14701}

Rule 701. A hearing provided for in R 28.14604 and R 28.14605 of part 6 of these rules shall comply with the requirements of the administrative procedures act and these rules.

History

• History: 2006 AACS.

Mich. Admin. Code R 28.14702 Final decision {#sec-r-28.14702 omnilex-key=us-mi-regs-official--dept-state-police--R 28.14702}

Rule 702. A proposal for decision shall be presented to the full commission at a regularly scheduled meeting following the presiding officer's issuing of a proposal for decision. The commission shall do one of the following:

(a) Adopt the findings of fact, conclusions of law, and the recommendations of the hearing officer.

(b) Reverse the hearing officer based upon the record.

(c) If the record is found to be incomplete, remand the case back to the hearing officer for reconsideration with specific instructions as to the matter in the case to be reconsidered.

History

• History: 2006 AACS.

R 28.14951 to R 28.14966 Public Safety Officers Benefit Program

Mich. Admin. Code R 28.14951 Definitions {#sec-r-28.14951 omnilex-key=us-mi-regs-official--dept-state-police--R 28.14951}

DEPARTMENT OF STATE POLICE

MICHIGAN COMMISSION ON LAW ENFORCEMENT STANDARDS

PUBLIC SAFETY OFFICERS BENEFIT PROGRAM

(By authority conferred on the Michigan Commission on Law Enforcement Standards by section 3 of 2004 PA 46 and by section 9 of 1965 PA 380, MCL 28.633 and 16.109)

Rule 1. (1) As used in these rules:

(a) "Act" means the public safety officers benefit act, 2004 PA 46, MCL 28.631 et seq.

(b) "Catastrophic injury" means consequences of an injury that permanently prevent an individual from performing any gainful work.

(c) "Child" means any natural, illegitimate, adopted, or posthumous child or stepchild of a deceased public safety officer, who at the time of the public safety officer's death was any of the following:

(i) Eighteen years of age or under.

(ii) Over 18 years of age and a student.

(iii) Over 18 years of age and incapable of self-support because of physical or mental disability.

(d) "Dependent" means a child of the deceased public safety officer or other individual who was substantially reliant for support upon the income of the deceased public safety officer.

(e) "Gainful work" means work activity that is both substantial work activity and gainful work activity.

(f) "Gainful work activity" means work activity that is done for pay or profit.

Work activity is gainful if it is the kind of work usually done for pay or profit, whether or not a profit is realized or pay is received.

(g) "Incapable of self-support because of physical or mental disability" means the individual was receiving supplemental security income benefits from the United States social security administration at the time of the public safety officer's death.

(h) "Occupational disease" means a disease which routinely constitutes a special hazard in, or is commonly regarded as, a concomitant of the officer's occupation.

(i) "Personal injury" or "injury" means any traumatic injury, as well as diseases which are caused by or result from such an injury, heart attack, or stroke, but not an occupational disease.

(j) "Student" means an individual under 23 years of age, who has not completed 4 years of education beyond the high school level and who is regularly pursuing a full-time course of study or training at school or college or university accredited by a Michigan recognized or nationally recognized accrediting agency or body.

(k) "Substantial work activity" means work activity that involves doing significant physical or mental activities. Work may be substantial even if it is done on a part-time basis or if the public safety officer does less, gets paid less, or has less responsibility than when he or she was a member of the former employing public safety agency.

(l) "Substantially reliant" means the dependent was reliant on the income of the deceased officer for over 1/3 of his or her support.

(m) "Traumatic injury" means a wound or a condition of the body caused by external force, including injuries inflicted by bullets, explosives, sharp instruments, blunt objects or other physical blows, chemicals, electricity, climatic conditions, infectious diseases, radiation, and bacteria, but excluding stress and strain.

(2) Terms defined in the act have the same meanings when used in these rules.

History

• History: 2005 AACS.

Mich. Admin. Code R 28.14952 Claim; forms; deadline {#sec-r-28.14952 omnilex-key=us-mi-regs-official--dept-state-police--R 28.14952}

Rule 2. (1) Claims for benefits under the act shall be submitted on the form or in the manner prescribed by the commission. A claim for a benefit resulting from the death of a public safety officer shall be filed within 1 year after the date of death. A death benefit may be denied for inactivity on the claim, if requested documentation is not provided to the commission by the claimant within a period of 1 year following the initial request. For good cause, the executive director may grant 1 3-month extension of this deadline.

(2) A claim by a permanently and totally disabled public safety officer or on behalf of a survivor of a deceased public safety officer shall be filed within 1 year after the date of death or prerequisite disability certification, unless the time for filing is extended by the executive director for good cause. The withdrawal of a claim, the cancellation of a request for withdrawal, or any notice provided for in these rules, shall be in writing and shall be signed by the claimant or the person legally designated to execute a claim.

(3) A prerequisite certification means either of the following:

(i) The employing agency's official, certified award to the claimant public safety officer of its maximum disability finding and compensation, including the officer's permanent and complete separation from the employing public safety agency as the direct result of an injury in the line of duty.

(ii)If the employing agency does not itself make such disability awards, then an official certified award to the claimant public safety officer by the cognizant judicial, political, or administrative agency or body of its maximum disability finding and compensation, including the officer's permanent and complete separation from the employing public safety agency as the direct result of an injury sustained in the line of duty.

(4)The acceptability of the declaration of an award in subrule (3) of this rule shall be the determination of the commission. The commission may require any of the following before making a final determination on a claim by a permanently and totally disabled public safety officer:

(i) Further investigation of the claim.

(ii) Additional documentation.

(iii) Additional opinions.

History

• History: 2005 AACS.

Mich. Admin. Code R 28.14953 Persons executing claims {#sec-r-28.14953 omnilex-key=us-mi-regs-official--dept-state-police--R 28.14953}

Rule 3 (1) The commission shall determine who is the proper party to execute a claim as follows:

(a) The claim shall be executed by the claimant or the claimant's legally designated representative if the claimant is mentally competent and physically able to execute the claim.

(b) If the claimant is mentally incompetent or physically unable to execute the claim and is either of the following:

(i) Has a legally appointed guardian, committee, or other representative, then the claim may be executed by such guardian, committee, or other representative.

(ii)Is in the care of an institution, then the claim may be executed by the manager or principal officer of such institution.

(2) For good cause, such as the age or prolonged absence of the claimant, the commission may accept a claim executed by a person other than 1 described in subrule (1) of this rule.

(3) Where the claim is executed by a person other than the claimant, the person shall, at the time of filing the claim or within a reasonable time thereafter, file evidence of the person's authority to execute the claim on behalf of the claimant in accordance with the following:

(a) If the person executing the claim is the legally-appointed guardian, committee, or other legally-designated representative of the claimant, the evidence shall be a certificate executed by the proper official of the court of appointment.

(b) If the person executing the claim is not a legally designated representative, then the evidence shall be a statement describing the person's relationship to the claimant or the extent to which the person has the care of the claimant or the person's position as an officer of the institution of which the claimant is an inmate or patient.The commission may, at any time, require additional evidence to establish the authority of the person to file or withdraw a claim.

History

• History: 2005 AACS.

Mich. Admin. Code R 28.14954 Reasonable doubt of coverage {#sec-r-28.14954 omnilex-key=us-mi-regs-official--dept-state-police--R 28.14954}

Rule 4 (1) The commission shall resolve any reasonable doubt arising from the circumstances of the officer's death or permanent and total disability in favor of payment of the death or disability benefit.

(2) At all times practicable, the commission shall promptly pay the claimant an interim benefit of $3,000, upon a request demonstrating need.

History

• History: 2005 AACS.

Mich. Admin. Code R 28.14955 Evidence {#sec-r-28.14955 omnilex-key=us-mi-regs-official--dept-state-police--R 28.14955}

Rule 5 (1) A claimant for a benefit under the act shall submit evidence of eligibility or other material facts as specified in these rules. The commission may require at any time additional evidence to be submitted with regard to entitlement, the right to receive payment, the amount to be paid, or any other material issue.

(2) If a claimant for a benefit under the act and these rules has not submitted evidence or has submitted insufficient evidence of any material issue or fact, then the commission shall inform the claimant what evidence is necessary for a determination and shall request the claimant to submit evidence within a specified reasonable amount of time. The claimant's failure to submit evidence on a material issue or fact as requested by the commission shall be a basis for determining that the claimant fails to satisfy the conditions required to award a benefit.

(3) If a copy of a record, document, or other evidence, or an excerpt of information, is acceptable as evidence in lieu of the original, then the copy or excerpt shall be certified as a true and exact copy or excerpt by the official custodian of the record, or other public official authorized to certify the copy.

History

• History: 2005 AACS.

Mich. Admin. Code R 28.14956 Findings of state, local, and federal agencies; determination {#sec-r-28.14956 omnilex-key=us-mi-regs-official--dept-state-police--R 28.14956}

Rule 6 (1) The commission shall give substantial weight to the evidence and findings of fact from state, local, and federal administrative and investigative agencies. The commission shall request additional assistance or conduct its own investigation when it believes that the existing evidence does not provide the commission with a rational basis for a decision on a material element of eligibility.

(2) If an investigation of a claim does not result in a conclusive eligibility determination, then the commission may wait for and rely upon the eligibility determination of the United States department of justice on the claimant's federal application under 42 U.S.C. § 3796 and 28 C.F.R. § 32.1 to §32.24

History

• History: 2005 AACS.

Mich. Admin. Code R 28.14957 Heart attack or stroke {#sec-r-28.14957 omnilex-key=us-mi-regs-official--dept-state-police--R 28.14957}

Rule 7 (1) If a public safety officer dies as the direct and proximate result of a heart attack or stroke, the officer shall be presumed to have died as the direct and proximate result of a personal injury sustained in the line of duty, if the following apply:

(a) The officer, while on duty, did either of the following:

(i) Engaged in a situation involving nonroutine stressful or strenuous physical law enforcement, fire suppression, rescue, hazardous material response, emergency medical services, prison security, disaster relief, or other emergency response activity.

(ii) Participated in a training exercise that involved nonroutine stressful or strenuous physical activity.

(b) The officer died as a result of a heart attack or stroke suffered in 1 of the following time frames related to an activity described in subrule (1)(a) of this rule:

(i) While engaging or participating in the activity.

(ii) While still on duty after engaging or participating in the activity.

(iii) Not more than 24 hours after engaging or participating in the activity.

(2) For purposes of this rule, nonroutine stressful or strenuous physical activity excludes actions of a clerical, administrative, or nonmanual nature.

(3) The presumption in subrule (1) of this rule shall be overcome by competent medical evidence to the contrary.

History

• History: 2005 AACS.

Mich. Admin. Code R 28.14958 Death or permanent and total disability; intent {#sec-r-28.14958 omnilex-key=us-mi-regs-official--dept-state-police--R 28.14958}

Rule 8. The commission shall consider at least all of the following factors in determining whether the officer intended to bring about the officer's own death or injury:

(a) Whether the death or permanent and total disability was caused by insanity, through an uncontrollable impulse or without conscious volition to produce death or injury.

(b) Whether the officer had a prior history of attempted suicide or attempts to cause physical incapacitation.

(c) Whether the officer's intent to bring about his or her death or injury was a substantial factor in the officer's death or permanent and total disability.

(d) The existence of an intervening force or action which would have independently caused the officer's death or permanent and total disability and which would not otherwise prohibit payment of a benefit under the act.

History

• History: 2005 AACS.

Mich. Admin. Code R 28.14959 Voluntary intoxication {#sec-r-28.14959 omnilex-key=us-mi-regs-official--dept-state-police--R 28.14959}

Rule 9 The commission shall apply the following evidentiary factors in cases in which voluntary intoxication is at issue in an officer's death or permanent and total disability.

(a) The primary factor in determining intoxication at the time the injury occurred, from which death or permanent and total disability resulted, is the blood alcohol level, including a postmortem blood alcohol level in the case of a death.

(b) A benefit shall be denied if a deceased or permanently and totally disabled public safety officer had a blood alcohol level of 0.04 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine while on duty, unless the commission receives convincing evidence that the provisions of subrule (c) of this rule apply.

(c) If the intoxicant was taken as a requirement of the duty assignment, benefits shall be denied if the deceased or permanently and totally disabled public safety officer had a blood alcohol level of 0.08 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.

(d) If a public safety officer with a blood alcohol level dies as a result of heart attack or a stroke suffered after going off duty, as provided in Rule 28.14957, then the commission may award a benefit if the following apply:

(i) Clear and convincing evidence is presented that the intoxicant was consumed after going off duty.

(ii)Medical evidence indicates that the intoxicant did not contribute to the heart attack or stroke.

History

• History: 2005 AACS.

Mich. Admin. Code R 28.14960 Relationship of spouse; determination {#sec-r-28.14960 omnilex-key=us-mi-regs-official--dept-state-police--R 28.14960}

Rule 10. (1) Marriage shall be established by 1 or more of the following types of evidence in the following order of preference:

(a) A copy of the public record of marriage, certified or attested, or by an abstract of the public record, containing sufficient data to identify the parties, the date and place of the marriage, and the number of prior marriages by either party if shown on the official record, issued by the officer having custody of the record or other public official authorized to certify the record, or a certified copy of the religious record of marriage.

(b) An official report from a public agency as to a marriage which occurred while the officer was employed with the agency.

(c) An affidavit of the clergyman or magistrate who officiated.

(d) An original certificate of marriage accompanied by proof of its genuineness and the authority of the person to perform the marriage.

(e) Affidavits or sworn statements of 2 or more eyewitnesses to the ceremony.

(f) In the case of the death of a Michigan public safety officer who had a "common law" marriage from a state where "common law" marriages are recognized, the spouse may submit an affidavit or certified statement setting forth all of the facts and circumstances concerning the alleged marriage, the as the agreement between the parties at the beginning of their cohabitation, the period of cohabitation, places and dates of residences, and whether children were born as the result of the relationship.

This evidence may be supplemented by affidavits or certified statements from 2 or more persons who know as the result of personal observation the reputed relationship which existed between the parties to the alleged marriage, including the period of cohabitation, places of residences, whether the parties held themselves out as husband and wife, and whether they were generally accepted as the in the communities in which they lived.

(g) Any other evidence which would reasonably support a belief by the commission that a valid marriage actually existed.

(2) The commission shall not recognize a claimant as a "common law" spouse under R 28.14960(1)(f) unless the previous state of domicile recognized him or her as the spouse of the deceased or permanently and totally disabled officer.

(3) If applicable, certified copies of divorce decrees of previous marriages or death certificates of the former spouses of either party shall be submitted.

History

• History: 2005 AACS.

Mich. Admin. Code R 28.14961 Relationship of child; determination {#sec-r-28.14961 omnilex-key=us-mi-regs-official--dept-state-police--R 28.14961}

Rule 11. (1) In general, a claimant is the child of a public safety officer if the individual's birth certificate shows the officer as the individual's parent.

(2) If the birth certificate does not show the public safety officer as the claimant's parent, then the sufficiency of the evidence shall be determined in accordance with the facts of a particular case. Proof of the relationship may consist of the following:

(a) An acknowledgement in writing signed by the public safety officer.

(b) Evidence that the officer has been identified as the child's parent by a judicial decree ordering the officer to contribute to the child's support or for other purposes.

(c) Any other evidence which reasonably supports a finding of a parent-child relationship, such as any of the following:

(i) A certified copy of the public record of birth or a religious record showing that the officer was the informant and was named as the parent of the child.

(ii) Affidavits or sworn statements of persons who know that the officer accepted the child as his or her own.

(iii)Information obtained from a public agency or public records, such as school or welfare agencies, which shows that with the officer's knowledge the officer was named as the parent of the child.

(3) Except as may be provided in subrule (2) of this rule, evidence of the relationship shall be shown by a certified copy of the decree of adoption and other evidence as may be necessary. In jurisdictions where a petition must be made to the court for release of adoption documents or information, or where the release of such documents or information is prohibited, a revised birth certificate shall be sufficient to establish the fact of adoption.

(4) The relationship of a stepchild to the deceased officer shall be demonstrated by all of the following:

(a) Evidence of the existence of a parent-child relationship between the child and the spouse, which may be evidenced by any of the following:

(i) Evidence of birth to the spouse of the officer as required by subrules (1) and (2) of this rule.

(ii) If adopted by the spouse, evidence of adoption as required by subrule (3) of this rule.

(iii)Other evidence, such as that specified in subrule (2) of this rule, which reasonably supports the existence of a parent-child relationship between the child and the spouse.

(b) Evidence that the stepchild was any of the following:

(i) Living with the officer at the time of the officer's death.

(ii)Dependent for support on the officer at the time of the officer's death, as set forth in R 28.14962.

(iii) In a parent-child relationship, as specified in subrule (2) of this rule, with the officer at the time of the officer's death.

(iv) Evidence of the marriage of the officer and the spouse, as required by R 28.14960.

History

• History: 2005 AACS.

Mich. Admin. Code R 28.14962 Determination of dependency {#sec-r-28.14962 omnilex-key=us-mi-regs-official--dept-state-police--R 28.14962}

Rule 12. (1) To be eligible for a death benefit under the act, a stepchild not living with the deceased officer at the time of the officer's death or other dependent individual shall demonstrate that he or she was substantially reliant for support upon the income of the officer.

(2) The claimant stepchild or other dependent individual shall demonstrate that he or she was dependent upon the decedent at either the time of the officer's death or at the time of the personal injury that was the substantial factor in the officer's death.

(3) The claimant stepchild or other dependent individual shall demonstrate dependency by submitting a signed statement of dependency within a year of the officer's death. This statement shall include all of the following information:

(a) A list of all sources of income or support for the 12 months preceding the officer's injury or death;

(b) The amount of income or value of support derived from each source listed.

(c) The nature of support provided by each source.

(4) Generally, the commission shall consider a stepchild or other dependent individual to be "dependent" if he or she was reliant on the income of the deceased officer for over 1/3 of his or her support.

History

• History: 2005 AACS.

Mich. Admin. Code R 28.14963 Representation {#sec-r-28.14963 omnilex-key=us-mi-regs-official--dept-state-police--R 28.14963}

Rule 13. A claimant may be represented in any proceeding before the commission by an attorney or other person authorized to act on behalf of the claimant pursuant to R 28.14953. A contract for a stipulated fee or for a fee on a contingent basis shall not be recognized. An agreement between a representative and a claimant in violation of this rule is void.

History

• History: 2005 AACS.

Mich. Admin. Code R 28.14964 Finding of eligibility or ineligibility; notice to legislature {#sec-r-28.14964 omnilex-key=us-mi-regs-official--dept-state-police--R 28.14964}

Rule 14. (1) Upon making a finding of eligibility, the commission shall notify each claimant of its disposition of his or her claim. In those cases where the commission has found the claimant to be ineligible for a benefit, the commission shall specify the reasons for the finding. The finding shall set forth the findings of fact and conclusions of law supporting the decision. A copy of the decision, together with information as to the right to a hearing and review, shall be mailed to the claimant at his or her last known address.

(2) The commission shall pay eligible claimants in the order in which all necessary documentation is received and the investigation of the claim is concluded.

(3) The commission shall notify the legislature of an unfunded claim or claims, if during a fiscal year, there is 1 or more eligible claimant to whom the commission is unable to pay a benefit because of an insufficient appropriation.

History

• History: 2005 AACS.

Mich. Admin. Code R 28.14965 Rescinded {#sec-r-28.14965 omnilex-key=us-mi-regs-official--dept-state-police--R 28.14965}

History

• History: 2005 AACS; 2013 AACS.

Mich. Admin. Code R 28.14966 Payment of benefits; limitations {#sec-r-28.14966 omnilex-key=us-mi-regs-official--dept-state-police--R 28.14966}

Rule 16. (1) As provided in the act, payment of benefits is subject to appropriation by the legislature of money necessary to make the payment.

(2) Claims for benefits shall be paid in the order in which the commission determines the eligibility of the claims.

(3) If the number of eligible claims exceeds the appropriated funds, then the unpaid eligible claims shall be paid when funds are appropriated by the legislature.

History

• History: 2005 AACS.

Emergency Management and Homeland Security Division Emergency Management and Homeland Security Division

R 30.31 to R 30.34 Emergency Management Training

Mich. Admin. Code R 30.31 Definitions {#sec-r-30.31 omnilex-key=us-mi-regs-official--dept-state-police--R 30.31}

DEPARTMENT OF STATE POLICE

EMERGENCY MANAGEMENT DIVISION

EMERGENCY MANAGEMENT TRAINING

(By authority conferred on the emergency management division, department of state police, by section 7a of Act No. 390 of the Public Acts of 1976, as amended, being S30.407a of the Michigan Compiled Laws)

Rule 1. As used in these rules:

(a) "Division" means the emergency management division of the department of state police.

(b) "Emergency management coordinator" means a person who is appointed pursuant to the provisions of section 9 of Act No. 390 of the Public Acts of 1976, as amended, being S30.409 of the Michigan Compiled Laws, to coordinate all matters pertaining to emergency management, disaster preparedness, and recovery assistance within a county or municipality. In the absence of an appointed person, "emergency management coordinator" means the chairperson of the county board of commissioners or the chief executive official of a municipality.

History

• History: 1994 AACS.

Mich. Admin. Code R 30.32 Training manual {#sec-r-30.32 omnilex-key=us-mi-regs-official--dept-state-police--R 30.32}

Rule 2. (1) The division shall develop an emergency management training manual which is consistent with these rules and which sets forth standards and requirements for the training and professional development of emergency management coordinators.

(2) The emergency management training manual shall include all of the following:

(a) A description of the training standards and requirements or accepted equivalent training that is based on the knowledge, skills, and abilities which are necessary to perform the functions of an emergency management coordinator.

(b) The minimum number of hours of instruction.

(c) Provisions for an exam based on the knowledge and concepts taught in the required curriculum.

(d) Application procedures for taking the exam.

(e) Annual training requirements.

(3) The division shall periodically review the emergency management training manual to ensure that the training standards and requirements stated in the manual are in compliance with existing legislation, current knowledge and technology, or both.

The manual shall be revised by the division when it determines a need to modify, update, increase, or delete any part of the training standards or requirements.

History

• History: 1994 AACS.

Mich. Admin. Code R 30.33 Use of title "professional emergency manager." {#sec-r-30.33 omnilex-key=us-mi-regs-official--dept-state-police--R 30.33}

Rule 3. (1) An emergency management coordinator who successfully completes the training requirements as specified in R 30.32 may use the title "professional emergency manager" as designated by the emergency management division.

(2) The division may deny the use of the title "professional emergency manager" by an emergency management coordinator for failure to complete the training requirements as specified in the emergency management training manual.

History

• History: 1994 AACS.

Mich. Admin. Code R 30.34 Advisory board {#sec-r-30.34 omnilex-key=us-mi-regs-official--dept-state-police--R 30.34}

Rule 4. There shall be an advisory board of registration of not more than 9 members created in the department of state police. The board shall advise the emergency management division in matters pertaining to the application and registration of emergency management coordinators as professional emergency managers. The members of this board will serve voluntarily in a manner prescribed by the emergency management division.

History

• History: 1994 AACS.

R 30.51 to R 30.61 State Assistance to Counties and Municipalities

Mich. Admin. Code R 30.51 Definitions {#sec-r-30.51 omnilex-key=us-mi-regs-official--dept-state-police--R 30.51}

DEPARTMENT OF STATE POLICE

EMERGENCY MANAGEMENT DIVISION

STATE ASSISTANCE TO COUNTIES AND MUNICIPALITIES

(By authority conferred on the director of the department of state police by section 19 of 1976 PA 390, as amended, MCL 30.419)

Rule 1. As used in these rules:

(a) "Act" means Act No. 390 of the Public Acts of 1976, as amended, being S30.401 et seq. of the Michigan Compiled Laws.

(b) "Applicant" means a county or municipality of the state that submits an application for a grant pursuant to the provisions of section 19 of the act.

(c) "Applicant's agent" means a person who is authorized by the governing body of an applicant to act on behalf of the applicant in applying for grants pursuant to the provisions of section 19 of the act.

(d) "Division" means the emergency management division of the department of state police.

(e) "Emergency management program" means any of the following:

(i) A program of a county or a combination of not more than 3 adjoining counties, as provided for in the act, that has all of the following elements:

(A) An emergency management coordinator who is appointed pursuant to the provisions of section 9 of the act.

(B) An ordinance or resolution that creates an emergency management organization to provide for disaster mitigation, preparedness, response, and recovery activities.

(C) An emergency operations plan which is approved by the division, which is on file with the division, and which is in compliance with the standards set forth in R 30.52.

(D) An exercise that tests the emergency operations plan at least once each fiscal year (October 1 to September 30).

(E) An annual local emergency management work agreement form that is filed with, and approved by, the division. This agreement shall, at a minimum, identify the actions to be taken to improve the mitigation, preparedness, response, and recovery activities of the county.

(F) Designated personnel to staff the emergency/disaster functions as identified in the emergency operations plan.

(ii) With respect to a municipality that has a population of 10,000 or more persons, a program that has all of the following elements:

(A) An emergency management coordinator who is appointed pursuant to the provisions of section 9 of the act.

(B) An ordinance or resolution that creates an emergency management organization to provide for disaster mitigation, preparedness, response, and recovery activities.

(C) An approved emergency operations plan which is on file with the division and which is in compliance with the standards set forth in R 30.52.

(D) An exercise that tests the emergency operations plan at least once each fiscal year (October 1 to September 30).

(E) An annual local emergency management work agreement form that is filed with, and approved by, the division. This agreement shall, at a minimum, identify the actions to be taken to improve the mitigation, preparedness, response, and recovery activities of the municipality.

(F) Designated personnel to staff the emergency/disaster functions as identified in the emergency operations plan.

(iii) A municipality which has a population of 10,000 or more persons and which has incorporated into the county emergency management program. A municipality shall be considered to be incorporated into the county emergency management program if the municipality has a support emergency operations plan that meets the following criteria:

(A) The support emergency operations plan describes the relationship between the county emergency management program and the municipality.

(B) The support emergency operations plan identifies the municipality's response procedures in relation to the county response procedures.

(C) The support emergency operations plan shall be maintained in accordance with the standards of currentness of the county's emergency operations plan and shall be consistent with the county plan.

(D) The support emergency operations plan shall contain the signature of the chief executive official of the municipality and be forwarded to the county.

(iv) A county emergency management program that incorporates, into the program, a municipality which has a population that is less than 10,000 persons and which does or does not have an emergency management coordinator. If a municipality meets the criteria of this subdivision, the municipality is considered to be incorporated into the county emergency management program.

(f) "Emergency operations plan" means the emergency operations plan that is developed and maintained according to standards established by the division.

(g) "Support emergency operations plan" means a plan developed by a municipality that has elected to be incorporated within the county emergency management program. The support emergency operations plan will become part of the county emergency operations plan and shall be compatible with the county plan.

History

• History: 1994 AACS.

Mich. Admin. Code R 30.52 Emergency operations plan standards {#sec-r-30.52 omnilex-key=us-mi-regs-official--dept-state-police--R 30.52}

Rule 2. (1) A county or municipality shall continuously update its emergency operations plan. The chief executive official shall review and approve the emergency operations plan by signing and dating the document.

(2) An emergency operations plan shall be reviewed and be determined, by the division, to be current and adequate. A current plan is a plan that is in compliance with federal emergency management requirements. An adequate emergency operations plan is one that is determined to be in compliance with the planning requirements contained in forms provided by the division.

(3) Plans that are determined to be current and adequate shall be approved by the division and placed on file.

History

• History: 1994 AACS.

Mich. Admin. Code R 30.53 Assistance eligibility {#sec-r-30.53 omnilex-key=us-mi-regs-official--dept-state-police--R 30.53}

Rule 3. (1) An applicant that applies for assistance pursuant to the provisions of section 19 of the act shall meet all of the following eligibility requirements:

(a) Maintain an emergency management program or be incorporated into a county emergency management program that is established before an emergency or disaster, as defined in the act, is declared.

(b) The applicable emergency operations plan shall have been implemented in a timely manner at the beginning of the disaster or emergency.

(c) Certify the exhaustion of local effort. Exhaustion of local effort means utilizing all available and applicable disaster relief forces as identified in the emergency operations plan and applicable support emergency operations plan.

(d) Experience an extraordinary financial burden. During the period of emergency or disaster, extraordinary financial burden shall be demonstrated by the applicant's incurring expenses, over a consecutive 5-day period, for the allowable expenditures specified in R 30.56, in an amount that is not less than $30,000.00 or 1% of the applicant's affected agencies' annual general fund operating budget, whichever is less.

(e) Conduct an assessment of damages that are incurred in the disaster or emergency and forward an assessment report to the division in accordance with standard procedures as published by the division.

(2) In addition to the requirements specified in subrule (1) of this rule, to be eligible for assistance, a local state of emergency shall have been declared for the applicant's area in a timely manner. A copy of the declaration shall have been immediately forwarded to the division by the most expeditious method available.

History

• History: 1994 AACS.

Mich. Admin. Code R 30.54 Application process {#sec-r-30.54 omnilex-key=us-mi-regs-official--dept-state-police--R 30.54}

Rule 4. After the governor's declaration of a disaster or an emergency and within 20 days of notification that applications are being accepted, an applicant shall do both of the following:

(a) Provide a resolution that certifies all of the following:

(i) That the county or municipality emergency operations plan was implemented.

(ii) The purpose for which the assistance is being requested.

(iii) That local efforts were exhausted.

(iv) That an extraordinary financial burden was experienced.

(v) The name of the applicant agent who is appointed to act for and on behalf of the applicant.

(b) Complete form EMD-19 entitled "Application for Section 19 Assistance" and submit the application to the division.

History

• History: 1994 AACS.

Mich. Admin. Code R 30.55 Review process {#sec-r-30.55 omnilex-key=us-mi-regs-official--dept-state-police--R 30.55}

Rule 5. Upon receipt of the resolution and form EMD-19 specified in R 30.54, the division shall, within 15 days, review the package to ensure that it is complete.

The division shall determine that all applicant and assistance eligibility requirements have been met. The division shall verify disaster or emergency damages. The division shall return applications with a request for additional information if evidence of eligibility is lacking or if information is insufficient. An applicant shall respond to a request for additional information within 10 days of receipt of the request. Applications that are determined by the division to meet eligibility requirements and contain all necessary information shall be forwarded to the governor for review.

History

• History: 1994 AACS.

Mich. Admin. Code R 30.56 Allowable expenditures {#sec-r-30.56 omnilex-key=us-mi-regs-official--dept-state-police--R 30.56}

Rule 6. An eligible applicant for assistance may request reimbursement for resources that are used for the mitigation of the effects of, or in response to, a disaster or emergency, including any of the following:

(a) Overtime for employees of any of the following:

(i) Police department.

(ii) Fire department.

(iii) Public works department.

(iv) County road commission.

(v) Emergency medical services.

(vi) Other employees who are normally paid overtime.

(b) Contracts with other political jurisdictions, private enterprise, or other persons, over and above normal contracts, that are required for disaster or emergency response.

(c) Shelter supplies that are used during a disaster or emergency.

(d) Gasoline and fuel for equipment that is used for disaster or emergency response.

(e) Repair costs for equipment that is damaged as a result of use during a disaster or emergency.

(f) Necessary costs to support designated disaster relief worker volunteers.

(g) Costs to repair public buildings, road systems, or other facilities that are damaged as a result of the disaster or emergency.

(h) Other expendable supplies.

History

• History: 1994 AACS.

Mich. Admin. Code R 30.57 Substantiation of claims {#sec-r-30.57 omnilex-key=us-mi-regs-official--dept-state-police--R 30.57}

Rule 7. An applicant shall maintain financial records, including all of the following, and make them available to the division upon request:

(a) Payrolls.

(b) Time sheets.

(c) Purchase orders.

(d) Invoices.

(e) Checks.

(f) Vouchers.

(g) Requisitions.

(h) Repair estimates and repair bills.

(i) Other documents that will substantiate claims for reimbursement. These records shall be maintained for not less than 3 years from the date of the disaster or emergency.

History

• History: 1994 AACS.

Mich. Admin. Code R 30.58 Assistance to applicants {#sec-r-30.58 omnilex-key=us-mi-regs-official--dept-state-police--R 30.58}

Rule 8. Assistance pursuant to the provisions of these rules may be provided upon a proclamation of a state of disaster or state of emergency and shall be limited to $100,000 or 10% of the total annual operating budget of the applicant for the preceding year, whichever is less. The amount of financial assistance shall not be more than the expenses that are incurred as a result of the disaster or emergency. Financial assistance from other state or federal programs or from insured costs shall not be duplicated by assistance pursuant to the provisions of these rules.

History

• History: 1994 AACS; 2015 AACS.

Mich. Admin. Code R 30.59 Availability of funds {#sec-r-30.59 omnilex-key=us-mi-regs-official--dept-state-police--R 30.59}

Rule 9. Contingent upon the appropriation of necessary funds by the legislature and upon the governor's approval, the division shall process the approved applications for payment.

History

• History: 1994 AACS.

Mich. Admin. Code R 30.60 Assistance payment {#sec-r-30.60 omnilex-key=us-mi-regs-official--dept-state-police--R 30.60}

Rule 10. (1) Approved applicants shall submit proof of payment of all allowable expenditures for which reimbursement is requested to the division.

(2) Upon the division review and approval, and upon approval by the governor, payment shall be authorized.

History

• History: 1994 AACS.

Mich. Admin. Code R 30.61 Rescission {#sec-r-30.61 omnilex-key=us-mi-regs-official--dept-state-police--R 30.61}

Rule 11. R 30.1 to R 30.19 of the Michigan Administrative Code, appearing on pages 327 to 332 of the 1979 Michigan Administrative Code, are rescinded.

History

• History: 1994 AACS.

Special Operations Division Special Operations Division

R 257.951 to R 257.955 Inspection of Nonpublic Motor Vehicles

Mich. Admin. Code R 257.951 Definition {#sec-r-257.951 omnilex-key=us-mi-regs-official--dept-state-police--R 257.951}

DEPARTMENT OF STATE POLICE

SPECIAL OPERATIONS DIVISION

INSPECTION OF NONPUBLIC MOTOR VEHICLES

(By authority conferred on the department of state police by section 715a of Act No. 300 of the Public Acts of 1949, as amended, being S257.715a of the Michigan Compiled Laws)

Rule 1. As used in these rules, "act" means Act No. 300 of the Public Acts of 1949, as amended, being S257.1 et seq. of the Michigan Compiled Laws.

History

• History: 1982 AACS.

Mich. Admin. Code R 257.952 Yellow motor vehicles transporting school pupils; requirements {#sec-r-257.952 omnilex-key=us-mi-regs-official--dept-state-police--R 257.952}

Rule 2. Motor vehicles which are subject to inspection pursuant to section 715a of the act, which are, in whole or in part, school bus chrome yellow or any color commonly referred to as yellow, and which are engaged in the transportation of pupils shall comply with all department of education requirements for school buses set forth in R 340.1201 to R 340.1216; except that vehicles which are manufactured before the effective date of these rules and which have a rated seating capacity of 60 or more passengers are not required to be equipped with an air brake system.

History

• History: 1982 AACS.

Mich. Admin. Code R 257.953 Motor vehicles not engaged in transporting school pupils; yellow paint prohibited {#sec-r-257.953 omnilex-key=us-mi-regs-official--dept-state-police--R 257.953}

Rule 3. Motor vehicles which are subject to inspection pursuant to section 715a of the act and which are not engaged in the part-time or full-time transportation of school pupils shall not be painted, in whole or in part, school bus chrome yellow or any color commonly referred to as yellow.

History

• History: 1982 AACS.

Mich. Admin. Code R 257.954 Non-yellow motor vehicles; equipment required to be in operating condition {#sec-r-257.954 omnilex-key=us-mi-regs-official--dept-state-police--R 257.954}

Rule 4. Motor vehicles which are subject to inspection pursuant to section 715a of the act and which are not painted, in whole or in part, school bus chrome yellow or any color commonly referred to as yellow shall have all equipment required by the act in operating condition.

History

• History: 1982 AACS.

Mich. Admin. Code R 257.955 Inspection of school bus, bus, or motor vehicle; rejection for use in transporting passengers; affixing of stickers to unsafe, unsatisfactory, or satisfactory vehicles required {#sec-r-257.955 omnilex-key=us-mi-regs-official--dept-state-police--R 257.955}

Rule 5. (1) The inspection of a school bus, bus, or other motor vehicle will be accomplished annually, and more frequently if defects are found in the organization's vehicles, to determine if the vehicles meet the specifications of the department of state police.

(2) A school bus, bus, or motor vehicle may be rejected by the inspecting state official for use in transporting passengers if it does not meet the requirements of these rules or if the conditions responsible for the rejection of the vehicle are not corrected while the official is present.

(3) A vehicle that is determined by a state police official to be unsafe for further operation as a school bus, bus, or motor vehicle shall not be used in the transportation of any passengers. An unsafe vehicle shall have affixed to its windshield, by the state police official, a red sticker which shall read as follows: "This bus may not be driven in the transportation of any passenger. Utilization of this vehicle to transport passengers is in violation of law. [reverse side] Do not remove without State Police authorization." The sticker shall remain until the vehicle is reinspected by a state police official.

(4) A school bus, bus, or motor vehicle which is deemed to be in unsatisfactory condition, but which is safe for operation, shall have affixed to its windshield by the state police official, a yellow sticker which shall read as follows:

"This bus has equipment defects. [reverse side] Repairs and reinspection shall be obtained on or before.Do not remove without State Police authorization." The sticker shall remain until the vehicle is reinspected by a state police official. If, upon reinspection, the vehicle defect has not been repaired, replaced, or corrected, the state police official shall remove the yellow sticker and affix a red sticker to the vehicle.

Exceptions may be made when the necessary parts or equipment has been ordered but not received at the time of reinspection. Reinspection may take place within 60 days of the original inspection.

(5) A vehicle which is deemed to be in satisfactory condition after inspection by a state police official shall have a Michigan vehicle inspection passing sticker affixed to its windshield.

History

• History: 1982 AACS.

R 257.991 to R 257.996 Drunk Driving Prevention Equipment and Training Fund

Mich. Admin. Code R 257.991 Definitions {#sec-r-257.991 omnilex-key=us-mi-regs-official--dept-state-police--R 257.991}

DEPARTMENT OF STATE POLICE

SPECIAL OPERATIONS DIVISION

DRUNK DRIVING PREVENTION EQUIPMENT AND TRAINING FUND

(By authority conferred on the department of state police by section 625h of the Michigan vehicle code, 1949 PA 300, MCL 257.625h)

Rule 1. As used in these rules:

(a) "Act" means the Michigan vehicle code, 1949 PA 300, of MCL 257.1 to 257.923.

(b) "Breath alcohol test instrument" means an evidential breath-testing device that indicates a specific breath alcohol concentration expressed as grams of alcohol per 210 liters of breath.

(c) "Department" means the department of state police.

(d) "Fund" means the drunk driving prevention equipment and training fund described in section 625h of the act, MCL 257.625h.

(e) "Preliminary breath alcohol test instrument" means a breath alcohol screening device that indicates the presence or absence of alcohol in the individual’s breath.

History

• History: 1992 AACS; 1997 AACS; 2023 MR 10, May 22, 2023.

Mich. Admin. Code R 257.992 Fund {#sec-r-257.992 omnilex-key=us-mi-regs-official--dept-state-police--R 257.992}

Rule 2. (1) The department shall allocate sufficient money from the fund to cover the following:

(a) The salaries and other necessary expenses to administer the fund.

(b) The acquisition and maintenance of breath alcohol test instruments, supplies, and accessories.

(c) The training required for law enforcement personnel on the use of breath alcohol testing instruments.

(2) The department may allocate fund money for the acquisition of preliminary breath alcohol test instruments, supplies, and accessories.

History

• History: 1992 AACS; 1997 AACS; 2023 MR 10, May 22, 2023.

Mich. Admin. Code R 257.993 Purchase of breath alcohol test instruments {#sec-r-257.993 omnilex-key=us-mi-regs-official--dept-state-police--R 257.993}

Rule 3. The department shall purchase, maintain, and retain ownership of breath alcohol test instruments. At least 1 breath alcohol test instrument must be placed in each county at a location determined by the department. Additional instruments must be placed, maintained, or moved by the department according to considerations including, but not limited to, population density, proximity of additional instruments, historical usage, instrument accessibility, and the department’s ability to adequately maintain the instruments.

History

• History: 1992 AACS; 1997 AACS; 2023 MR 10, May 22, 2023.

Mich. Admin. Code R 257.994 Maintenance of equipment {#sec-r-257.994 omnilex-key=us-mi-regs-official--dept-state-police--R 257.994}

Rule 4. The department shall manage the maintenance of instruments that are purchased from the fund.

History

• History: 1992 AACS; 2023 MR 10, May 22, 2023.

Mich. Admin. Code R 257.995 Training {#sec-r-257.995 omnilex-key=us-mi-regs-official--dept-state-police--R 257.995}

Rule 5. The department shall coordinate instructor and operator training on the use of all instruments purchased from the fund. Fund monies may be used to pay for training if money is available after all instruments and maintenance contract costs are paid. Michigan law enforcement agencies other than the department shall pay all of the wages and benefits of the persons from their own agencies who attend training.

History

• History: 1992 AACS; 1997 AACS.

Mich. Admin. Code R 257.996 Purchase of preliminary breath alcohol test instruments {#sec-r-257.996 omnilex-key=us-mi-regs-official--dept-state-police--R 257.996}

Rule 6. (1) The department shall evaluate and designate preliminary breath alcohol test instruments that can be purchased by all law enforcement agencies in this state.

(2) The department may expend fund money as grants to law enforcement agencies for preliminary breath alcohol test instruments, including the maintenance of the instruments. The following agencies may apply for preliminary breath alcohol test instruments:

(a) The department.

(b) County sheriff departments.

(c) Local law enforcement agencies.

(3) An agency shall submit an application for grant funding to the department on the form and in the manner prescribed by the department. The completed application must contain all of the information required by the department.

(4) The department may distribute preliminary breath alcohol test instruments as follows:

(a) A certified law enforcement agency that does not have any instruments must receive at least 1 instrument.

(b) The ratio of distribution of fund money among the department, sheriff departments, and local agencies must be based on the ratio of marked patrol vehicles at the department, sheriff departments, and local agencies.

(c) The department shall allocate money from the fund each fiscal year for other breath alcohol test instruments.

History

• History: 1992 AACS; 1997 AACS; 2023 MR 10, May 22, 2023.

Traffic Safety Division Traffic Safety Division

R 325.2651 to R 325.2659 Tests for Breath Alcohol

Mich. Admin. Code R 325.2651 Definitions {#sec-r-325.2651 omnilex-key=us-mi-regs-official--dept-state-police--R 325.2651}

DEPARTMENT OF STATE POLICE

TRAFFIC SAFETY DIVISION

TESTS FOR BREATH ALCOHOL

(By authority conferred on the department of state police by section 190 of the Aeronautics code of the state of Michigan, 1945 PA 327, MCL 259.190, and section 625a of the Michigan vehicle code, 1949 PA 300, MCL 257.625a)

Rule 1. (1) As used in these rules:

(a) "Acts" means the Aeronautics code of the state of Michigan, 1945 PA 327, MCL 259.1 to 259.208; the Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923; the railroad code of 1993, 1993 PA 354, MCL 462.101 to 462.451; and the natural resources and environmental protection act, 1994 PA 451, MCL 324.101 to 324.90106.

(b) "Alcohol standard" means a certified alcohol standard.

(c) "Calendar week" means 12:01 a.m. Sunday to midnight Saturday.

(d) “Certified” means the operator completed the required training and possesses a certificate of training.

(e) "Class" means a classification of operator status as certified by the department, based on training and function as specified in R 325.2658.

(f) “Class I operator” means an operator certified to conduct a subject test with a preliminary breath testing instrument.

(g) “Class II operator” means an operator certified to calibrate a preliminary breath testing instrument.

(h) “Class III operator” means an operator certified to conduct a subject test with an evidential breath testing instrument.

(i) “Class IVA operator” means an operator certified to instruct the class I, II, and III certification courses.

(j) “Class IVB operator” means an operator certified to calibrate and repair an evidential breath testing instrument.

(k) "Department" means the department of state police.

(l) "Equipment" means evidential and preliminary breath alcohol test instruments, simulator devices, calibration stations, forms, and any accessories and supplies necessary to comply with the procedures in these rules or law.

(m) "Evidential breath alcohol analysis" means chemical analysis of an essentially alveolar breath sample that indicates a specific result in grams of alcohol per 210 liters of breath.

(n) "Evidential breath alcohol test instrument" means an evidential breath testing device that indicates a specific result in grams of alcohol per 210 liters of breath.

(o) "Preliminary breath alcohol analysis" means chemical analysis of essentially alveolar breath samples that indicates the presence or absence of alcohol in an individual’s blood.

(p) "Preliminary breath alcohol test instrument" means a breath alcohol screening device that indicates the presence or absence of alcohol in an individual’s blood.

(2) Terms used in the acts have the same meanings when used in these rules.

History

• History: 1979 AC; 1984 AACS; 1988 AACS; 1992 AACS; 1994 AACS; 2003 AACS; 2007 AACS; 2018 AACS; 2023 MR 10, May 22, 2023.

Mich. Admin. Code R 325.2652 Approved equipment {#sec-r-325.2652 omnilex-key=us-mi-regs-official--dept-state-police--R 325.2652}

Rule 2. (1) Except as provided in subrule (2) of this rule, evidential and preliminary breath alcohol test instruments must meet the existing model specifications for evidential breath alcohol analysis as established by the United States Department of Transportation, National Highway Traffic Safety Administration. The specifications are identified as “Model Specifications for Devices to Measure Breath Alcohol” 58 FR 48705, (September 17, 1993), as amended by 82 FR 50940 et seq., (November 2, 2017) and are adopted in these rules by reference. Copies of the specifications and a current conforming products list are available from the United States Department of Transportation, National Highway Traffic Safety Administration, 1200 New Jersey Avenue SE, Washington, D.C. 20590 and its website at nhtsa.gov, or from the Michigan State Police, Records Resource Section, 7150 Harris Drive, P.O. Box 30634, Lansing, MI, 48909 and its website at www.michigan.gov/msp/services/foia. A fee of $1.00 may be charged for each requested copy. A copy of the specifications and conforming products list may be inspected at the Michigan State Police, Training Division, 7426 N Canal Road, Lansing, MI, 48913 during normal business hours.

(2) If the United States Department of Transportation discontinues the testing of evidential breath alcohol test instruments or the issuance of model specifications for that test, only those instruments tested and approved by the department can be used.

(3) An application for equipment approval must be submitted to the department.

(4) Operators shall only use equipment approved by the department for evidential and preliminary breath alcohol analysis.

History

• History: 1979 AC; 1984 AACS; 1988 AACS; 1992 AACS; 1994 AACS; 2003 AACS;2007 AACS; 2010 AACS; 2018 AACS; 2023 MR 10, May 22, 2023.

Mich. Admin. Code R 325.2653 Equipment accuracy evidential breath test instruments {#sec-r-325.2653 omnilex-key=us-mi-regs-official--dept-state-police--R 325.2653}

Rule 3. (1) For evidential breath test instruments that do not examine a known standard with each subject test, an appropriate class operator who has been certified in accordance with R 325.2658 shall verify an evidential breath alcohol test instrument for accuracy at least once each calendar week, or more frequently as the department may require. Alternatively, a pre-programmed self-test for accuracy may be initiated by the evidential breath alcohol test instrument and recorded by an appropriate class operator who has been certified in accordance with R 325.2658, if the instrument is so equipped and programmed. The tests for accuracy are not required to be performed within 7 days of each other. The test for accuracy must be made using an alcohol standard that is approved by the department. For the evidential breath alcohol test instrument to meet the requirements for accuracy, a test result must not exceed +/- 5% when using a controlled device. Controlled devices include both of the following:

(a) A wet bath device that delivers an alcohol vapor concentration test result of 0.080 grams of alcohol per 210 liters of vapor.

(b) A compressed alcohol gas device that delivers a test result of 0.080 grams of alcohol per 210 liters of vapor before applying applicable barometric pressure correction.

To meet this requirement, the instrument must analyze the known ethanol gas standard within +/- 5% of the adjusted or corrected alcohol concentration based on the barometric correction.

(2) A weekly test is not required for evidential breath test instruments that examine a known alcohol standard, either wet bath or compressed gas, with each test subject. If an accuracy check is conducted, then the results must be retained either in log form by the agency where the instrument is installed or electronically within the instruments memory.

(3) Approved evidential breath alcohol test instruments that do not examine a known alcohol standard with each test subject must be inspected, verified for accuracy, and certified as to their proper working order within 120 days after the previous inspection by either an appropriate class operator who has been certified in accordance with R 325.2658, or a manufacturer-trained representative approved by the department.

(4) Approved evidential breath alcohol test instruments that examine a known alcohol standard with each subject test must be inspected, verified for accuracy, and certified as to their proper working order not less than 2 times annually by either an appropriate class operator who has been certified in accordance with R 325.2658, or a manufacturer-trained representative approved by the department.

History

• History: 1979 AC; 1984 AACS; 1988 AACS; 1992 AACS; 1994 AACS; 2003 AACS;2007 AACS; 2010 AACS; 2018 AACS; 2023 MR 10, May 22, 2023.

Mich. Admin. Code R 325.2654 Rescinded {#sec-r-325.2654 omnilex-key=us-mi-regs-official--dept-state-police--R 325.2654}

History

• History: 1979 AC; 1984 AACS; 1992 AACS; 2007 AACS; 2018 AACS; 2023 MR 10, May 22, 2023.

Mich. Admin. Code R 325.2655 Techniques and procedures – evidential breath test instruments {#sec-r-325.2655 omnilex-key=us-mi-regs-official--dept-state-police--R 325.2655}

Rule 5. A procedure that is used in conjunction with evidential breath alcohol analysis must be approved by the department and comply with the following requirements:

(a) Except as provided otherwise in these rules, evidential breath alcohol test instruments must be operated by appropriate class operators who are certified in accordance with R 325.2658.

(b) All analyses must be conducted following procedures approved by the department and using forms approved by the department, as required.

(c) Records of operation, analyses, and results must be maintained at the evidential breath alcohol test instrument location as prescribed by the department, and copies must be forwarded to the department as required.

(d) The department shall test samples from each lot of alcohol standards used in this state, in conjunction with evidential breath alcohol test instruments. The department shall certify for use those lots of alcohol standards that are found to be proper in chemical composition.

(e) An individual shall be administered an evidential breath alcohol analysis on an evidential breath alcohol test instrument only after being observed for not less than 15 minutes before collection of the breath sample by at least 1 appropriate class operator that is certified in accordance with R 325.2658. The observation period may be conducted by more than 1 operator working in concert. During the observation period, the individual shall not have smoked, regurgitated, or placed anything in his or her mouth, except for the mouthpiece associated with the performance of the evidential breath alcohol analysis.

The operator need not stare continuously at the individual, but shall be close enough to be aware of the individual’s actions and conditions. The operator may complete paperwork, enter data into the evidential breath alcohol test instrument, or conduct other reasonable tasks during the observation period, if the individual is within the operator's field of vision. Breaks in the observation period lasting only a few seconds do not invalidate the observation if the operator can reasonably determine that the individual did not smoke, regurgitate, or place anything in his or her mouth during the breaks in the observation.

(f) The operator shall request a second evidential breath sample from the subject after the first sample is provided and analyzed by the instrument, unless an item or a substance is found in the subject’s mouth after the first evidential breath sample analysis that could interfere with the result. Obtaining the first breath sample result is sufficient to meet the requirements for evidentiary purposes prescribed in section 625c of the Michigan vehicle code, 1949 PA 300, MCL 257.625c. The purpose of obtaining a second breath sample result is to confirm the result of the first breath sample result.

(g) For instruments reporting 2 digits after the decimal, a second breath sample result must not vary from the first breath sample result by more than the allowable variation listed in Table 1. Tables 1 and 2 read as follows:

Table 1 Allowable variation of second breath result range from the first sample result.

First Sample Allowable variation 0.00 - 0.14 +/- 0.01 0.15 - 0.24 +/- 0.02 0.25 - 0.34 +/- 0.03 0.35 - or more +/- 0.04 For instruments reporting 3 digits after the decimal, the second breath sample result must not vary from the first sample result by more than the allowed variation listed in Table 2.

Table 2 Allowable variation of second breath sample result from the first breath sample result.

First Sample Allowable Variation 0.000 - 0.149 +/- 0.010 0.150 – 0.249 +/- 0.020 0.250 – 0.349 +/- 0.030 0.350 or more +/- 0.040 (h) If the variation is more than allowed in either table under subdivision (g) of this rule, the operator shall request a third breath sample from the subject and a third breath sample result may be obtained. If the third breath sample result does not conform to the allowable variations of either of the first 2 tests based on the allowable variation listed in either table under subdivision (g) of this rule, the subject shall be requested to submit a blood or urine sample for analysis in accordance with the acts and the procedures established in R 325.2671 to R 325.2677.

(i) The results of an evidential breath alcohol analysis of a subject’s breath must be expressed in terms of grams of alcohol per 210 liters of breath, truncated to the second decimal place or expressed to 3 decimals if the instrument is programed to do so.

(j) If the instrument analyzes a known ethanol standard during a subject’s breath test, the results of that analysis must be no lower than 0.074 g/210L and no higher than 0.084 g/210L of the nominal value of the standard. If the analysis is not within the prescribed standard the instrument must abort the test indicating the ethanol standard was not within the required range. The operator may attempt additional tests.

History

• History: 1979 AC; 1984 AACS; 1988 AACS; 1992 AACS; 1994 AACS; 2003 AACS;2007 AACS; 2018 AACS; 2023 MR 10, May 22, 2023.

Mich. Admin. Code R 325.2656 Rescinded {#sec-r-325.2656 omnilex-key=us-mi-regs-official--dept-state-police--R 325.2656}

History

• History: 1979 AC; 1984 AACS; 1988 AACS; 1992 AACS; 1994 AACS; 2018 AACS.

Mich. Admin. Code R 325.2656a Equipment Accuracy – Preliminary Breath Test Instrument {#sec-r-325.2656a omnilex-key=us-mi-regs-official--dept-state-police--R 325.2656a}

Rule 6a. An appropriate class operator who has been certified in accordance with R 325.2658 shall verify for accuracy a preliminary breath alcohol test instrument at least monthly, or more frequently as the department may require. The test for accuracy must be made using an alcohol standard that is approved by the department. For the preliminary breath alcohol test instrument to meet the requirements for accuracy, a test result not exceeding +/- 5% must be obtained when using a controlled device. Controlled devices include both of the following:

(a) A wet bath device that delivers an alcohol vapor concentration of 0.080 grams of alcohol per 210 liters of vapor.

(b) A compressed alcohol gas device that delivers a test result of 0.080 grams of alcohol per 210 liters of vapor before applying applicable altitude or topographic evaluation correction factor supplied by the manufacturer. The correction factor may be applied by the operator or by the preliminary breath alcohol test instrument calibration station, if pre-programmed.

History

• History: 2023 MR 10, May 22, 2023.

Mich. Admin. Code R 325.2657 Rescinded {#sec-r-325.2657 omnilex-key=us-mi-regs-official--dept-state-police--R 325.2657}

History

• History: 1979 AC; 1984 AACS; 1988 AACS; 1992 AACS; 1994 AACS; 2018 AACS.

Mich. Admin. Code R 325.2657a Techniques and Procedures – Preliminary Breath Test Instruments {#sec-r-325.2657a omnilex-key=us-mi-regs-official--dept-state-police--R 325.2657a}

Rule 7a. (1) A procedure that is used in conjunction with preliminary breath alcohol analysis must be approved by the department and comply with all of the following:

(a) Except as provided otherwise in these rules, preliminary breath alcohol test instruments must only be operated by appropriate class operators who have been certified in accordance with R 325.2658.

(b) An individual may be administered a preliminary breath alcohol analysis on a preliminary breath alcohol test instrument only after the operator determines that the individual has not smoked, regurgitated, or placed anything in his or her mouth for not less than 15 minutes.

(c) Records must be maintained at the preliminary breath alcohol test instrument location as prescribed by the department and copies must be forwarded to the department as required.

(2) An individual’s welfare must be protected by requesting medical assistance if the result of the evidential or preliminary breath alcohol analysis is 0.35 or more. Failure to request medical assistance does not affect the validity or evidential value of the result of an evidential or preliminary breath alcohol analysis.

History

• History: 2023 MR 10, May 22, 2023.

Mich. Admin. Code R 325.2658 Operator training and certification {#sec-r-325.2658 omnilex-key=us-mi-regs-official--dept-state-police--R 325.2658}

Rule 8. (1) The department shall train and certify personnel of law enforcement agencies to perform various functions as described in this rule, and designate those individuals as class I, class II, class III class IVA, or class IVB operators. An operator may hold multiple and concurrent classifications. To maintain a class III certification, each class III operator certified after January 1, 2022 is required to re-certify every 2 years. Class III operators certified before January 1, 2022 are required to recertify before December 31, 2023, and every 2 years after that. Any class III operator who fails to recertify before the current certification expires is required to attend and successfully complete the class III operator training as detailed in R 325.2658(2)(c). An operator whose certification has lapsed can testify about incidents that occurred during their valid certification period.

(2) The minimum training requirements and proficiency standards for operator certification are as follows:

(a) A class I operator shall complete a class I training course approved by the department, and obtain a minimum score of 70% on a written examination administered by the department. An individual that fails the examination is provided an opportunity to retake the written examination. An individual that fails the second attempt to pass the written examination shall retake the class I training course and successfully pass the examination to qualify for the class I certification.

(b) A class II operator shall complete a class II training course approved by the department, and obtain a minimum score of 70% on a written examination administered by the department. An individual that fails the examination is provided an opportunity to retake the written examination. An individual that fails the second attempt to pass the written examination shall retake the class I training course and successfully pass the examination to qualify for the class II certification.

(c) A class III operator shall be currently certified as a class II operator, complete a class III training course approved by the department, obtain a minimum score of 70% on a written examination administered by the department, and demonstrate proficiency in the use of an evidential breath testing instrument. An individual that fails the examination or fails to demonstrate the required proficiency is provided an opportunity to retake the written examination or demonstrate the required proficiency. An individual that fails the second attempt to pass the written examination or fails to demonstrate the required proficiency shall retake the class III training course and successfully pass the written examination and demonstrate the required proficiency to qualify for the class III certification.

(d) A class IVA operator shall be currently certified as a class III operator and complete a class IVA training course approved by the department.

(e) A class IVB operator shall be currently certified as a class IVA operator. Before class IVB certification, the class IVB operator shall receive additional training in the repair and service of evidential breath instruments from the manufacturer of the instruments or by a current class IVB operator, if the manufacturer is unavailable for training.

(3) The department shall develop and distribute to each certified operator a training manual for each of the operator's classifications. Training manuals must specify the functions performed by each class pursuant to this rule, as well as the knowledge and skills necessary to perform the appropriate functions.

(4) The primary functions of each class are described in Table 3. Additional functions not described in Table 3 may be designated by the department and described and explained in the appropriate training manual.

(5) An individual that meets the training requirements and proficiency standards for operator certification in accordance with this rule is issued a certificate for the appropriate class by the department. The certificate must remain the property of the department.

(6) A class I, class II, class III, class IVA, and class IVB operator shall comply with all applicable department rules, policies, and procedures or the department may suspend his or her operator certification. An individual may request for reinstatement of operator certification to the department in writing and, after approval, the department may require the individual to complete an operator training class, pass a written examination, demonstrate required proficiency, or any combination thereof.

(7) The requirements for each class of operators are included in Table 3 as follows:

Table 3 Cla ss I Cla ss II Cla ss III Cla ss IVA Cla ss IVB Administer preliminary breath alcohol analyses using preliminary breath alcohol test instruments approved for use by the department. X X X X X Calibrate preliminary breath alcohol test instruments approved for use by the department.

X X X X

Administer evidential breath alcohol analyses using an evidential breath instrument approved by the department.

X X X

Record weekly verification for approved evidential breath test instruments that do not examine a known standard with each subject test. X X X Train and certify all lower-level class operators.

X X Calibrate and service an evidential breath testing instrument approved for use by the department.

X

History

• History: 1979 AC; 1984 AACS; 1992 AACS; 1994 AACS; 2007 AACS; 2018 AACS; History: 2023 MR 10, May 22, 2023.

Mich. Admin. Code R 325.2659 Equipment Repair and Service {#sec-r-325.2659 omnilex-key=us-mi-regs-official--dept-state-police--R 325.2659}

Rule 9. (1) The repair and service of equipment provided by the department for evidential and preliminary breath alcohol analysis must be at the expense of the agency using the equipment.

(2) The department or the agency using the equipment may arrange to have this service provided either by an appropriate class operator who has been certified in accordance with R 325.2658 or a manufacturer-trained authorized representative approved by the department.

(3) After repair or service and before being placed in service, evidential and preliminary breath alcohol test instruments must be verified for accuracy in accordance with R 325.2653. Records of verification must be maintained as required by the department.

History

• History: 1979 AC; 2003 AACS; 2005 AACS; 2023 MR 10, May 22, 2023.

Forensic Science Division Forensic Science Division

R 325.2671 to R 325.2677 Alcohol and Drug Testing of Biological and Nonbiological Specimens

Mich. Admin. Code R 325.2671 "Control sample" defined {#sec-r-325.2671 omnilex-key=us-mi-regs-official--dept-state-police--R 325.2671}

DEPARTMENT OF STATE POLICE

FORENSIC SCIENCE DIVISION

ALCOHOL AND DRUG TESTING OF BIOLOGICAL AND

NONBIOLOGICAL SPECIMENS

(By authority conferred on the department of state police by section 190 of 1945 PA 327, MCL 259.190, section 625a of 1949 PA 300, MCL 257.625a)

Rule 1. "Control sample" means a sample of known concentration, and/or identity, that is used to evaluate the performance of a given analytical method.

History

• History: 1993 AACS; 2005 AACS; 2017 AACS.

Mich. Admin. Code R 325.2672 Tests; application; expression of results; filing {#sec-r-325.2672 omnilex-key=us-mi-regs-official--dept-state-police--R 325.2672}

Rule 2. (1) Tests to determine the presence or concentration, or both, of alcohol or other drugs, or both, may be applied to blood, urine, or other biological samples.

Results of blood alcohol analysis shall be expressed in percent weight of ethyl alcohol (weight per unit volume) equivalent to grams per 100 milliliters. Results of urine alcohol analysis shall be expressed as weight per unit volume of ethyl alcohol, equivalent to either grams per 100 milliliters, or grams per 67 milliliters. Where applicable, results of analysis for drugs or other volatiles shall be expressed as weight per unit volume.

(2) Serum or plasma alcohol concentrations shall be expressed as an equivalent whole blood alcohol concentration.

(3) Tests to determine the concentration of alcohol may be applied to nonbiological samples. Results shall be expressed in percent volume of ethyl alcohol (volume per unit volume).

(4) At least 1 copy of the written method or methods or techniques that are utilized in the laboratory shall be on file in that laboratory.

History

• History: 1993 AACS; 2005 AACS.

Mich. Admin. Code R 325.2673 Acceptable analytical methods {#sec-r-325.2673 omnilex-key=us-mi-regs-official--dept-state-police--R 325.2673}

Rule 3. The following are acceptable analytical methods for determining the presence or concentration, or both, of alcohol and other drugs in blood, urine, or other various matrices or media.

(a) Liquid chromatography/mass spectrometry method using a High Performance Liquid Chromatograph/Ultra High Performance Liquid Chromatograph (HPLC/UHPLC) and mass analyzer system including, but not limited to, a quadrupole mass spectrometer, ion trap, time of flight mass spectrometer, magnetic or electromagnetic analyzer, or any hybrid combination thereof, demonstrating satisfactory accuracy, precision, sensitivity, and a suitable column for the identification or quantitation, or both, of drugs or compounds other than ethanol.

(b) Gas chromatograph method using a gas chromatograph that has satisfactory accuracy, precision, sensitivity, and a suitable column for direct injection or head-space gas chromatography for ethyl alcohol and other volatiles.

(c) Gas chromatography/mass spectrometry method using a gas chromatograph and mass spectrometer that have satisfactory accuracy, precision, sensitivity, and a suitable column for direct injection or head-space gas chromatography for identification or quantitation, or both, of drugs or compounds other than ethanol.

(d) Spectrophotometric methods as follows:

(i) Williams, Louis A. Manual of Analytical Toxicology, I. Sunshine ed., CRC Press, Cleveland, OH, 1971, pp. 309-312.

(ii) Freireich A. et al. Methodology for Analytical Toxicology, I. Sunshine ed., CRC Press, Cleveland, OH, 1975, pp. 67-69.

(e) Enzymatic and immunological methods as follows:

(i) "Stiles, et al.," Am J Clin Path., 46:608, 1966.

(ii) "Bonnichsen and Lundgren," J Acta Pharmacol Toxicol., 13:256, 1957.

(f) Analyzers as follows:

(i) Abbott Diagnostics AxSym Autoanalyzer and reagent systems.

(ii) Randox Evidence Biochip Array Analyzer and reagent systems.

(g) Analyzers or kits employing indicator-labeled immunoassays in which an indicator is attached to an antigen or antibody to demonstrate that antigen-antibody binding has occurred, thereby allowing measurement of a drug or other compound in a sample. These include the following:

(i) Enzyme immunoassay (EIA), in which an enzyme is used to label an antibody or antigen.

(ii) Enzyme-linked immunosorbent assay (ELISA), in which an enzyme-labeled antibody or antigen competes in binding with an unknown substance.

(iii) Enzyme-multiplied immunoassay technique (EMIT), which is a form of EIA used frequently for assays of drugs and hormones, as well as for viral antigens.

(iv) Fluorescence immunoassay (FIA), in which a fluorescent label is used in a competitive-binding assay.

(v) Fluorescence polarization immunoassay (FPIA), which employs fluorescent indicators that produce or detect the polarization of light.

(vi) Radioimmunoassay (RIA), which employs a radiolabeled antigen or antibody.

(vii) Chemiluminescence, in which analyte binding to an antibody is coupled to the chemical production or reduction of light output.

(viii) Any assay that uses a combination of the techniques in paragraphs (i) to (vii) of this subdivision.

History

• History: 1993 AACS; 2005 AACS; 2011 AACS; 2017 AACS.

Mich. Admin. Code R 325.2674 Calibration {#sec-r-325.2674 omnilex-key=us-mi-regs-official--dept-state-police--R 325.2674}

Rule 4. Calibration of the method or equipment used to test for alcohol or other drugs for which quantitative analysis is performed in blood, urine, or other biological or nonbiological samples shall be verified through the use of control samples each day that tests are run. Results of the control samples shall be documented and retained by the laboratory for a minimum of 1 year.

History

• History: 1993 AACS; 2005 AACS.

Mich. Admin. Code R 325.2675 Collecting and handling antemortem blood and urine samples {#sec-r-325.2675 omnilex-key=us-mi-regs-official--dept-state-police--R 325.2675}

Rule 5. (1) All antemortem blood and urine samples shall be collected pursuant to section 625a of 1949 PA 300, MCL 257.625a.

(2) When collecting a blood sample, the individual drawing the sample shall use an aqueous solution of a nonvolatile antiseptic on the skin of the person from whom the sample is being collected. Neither alcohol nor any alcoholic solution shall be used as a skin antiseptic.

(3) Blood shall be drawn pursuant to either of the following provisions:

(a) With a sterile dry needle that is evacuated into a vacuum-style specimen tube that contains the solid preservative sodium fluoride, whether used alone or in combination with other preservatives or anti-coagulants.

(b) With a sterile dry needle and syringe expelled into a clean specimen tube that contains sodium fluoride. The tube shall then be capped or stoppered.

(4) Urine shall be collected pursuant to the provisions of form FSD-93, which is contained in the department of state police specimen kit. Urine shall be collected in a clean glass or plastic container. The sample shall then be transferred into a clean glass or plastic container that has a secure top.

(5) Blood and urine collection shall be witnessed to ensure that the sample can be authenticated. Each sample shall be labeled.

(6) Samples that are sent to a laboratory shall be sealed in a manner that ensures their integrity.

History

• History: 1993 AACS; 2011 AACS.

Mich. Admin. Code R 325.2676 Rescinded {#sec-r-325.2676 omnilex-key=us-mi-regs-official--dept-state-police--R 325.2676}

History

• History: 1993 AACS; 1996 AACS.

Mich. Admin. Code R 325.2677 Rescinded {#sec-r-325.2677 omnilex-key=us-mi-regs-official--dept-state-police--R 325.2677}

History

• History: 1993 AACS; 1996 AACS.

Commercial Vehicle Enforcement Division Commercial Vehicle Enforcement Division

R 460.18101 to R 460.19301 Motor Carriers

Mich. Admin. Code R 460.18199 Rescinded {#sec-r-460.18199 omnilex-key=us-mi-regs-official--dept-state-police--R 460.18199}

DEPARTMENT OF STATE POLICE

COMMERCIAL VEHICLE ENFORCEMENT DIVISION

MOTOR CARRIERS

(By authority conferred on the department of state police by section 6 of article V of the motor carrier act, 1933 PA 254, MCL 479.6, and Executive Reorganization Order No.

2015-3, MCL 460.21)

PART 1. GENERAL PROVISIONS

R 460.18101. Definitions.

Rule 101. (1) As used in these rules:

(a) "Able" means the ability to currently provide, or the presentation of a reasonable plan to provide, service commensurate with the extent of the application for authority.

(b) "Act" means the motor carrier act, 1933 PA 254, MCL 475.1 to 479.42.

(c) "Amendment" means any change, including additions, in a tariff, or cancellation from a tariff.

(d) "Department" means the department of state police.

(e) "CVED" means the Commercial Vehicle Enforcement Division of the department.

(f) "CVED number" means department issued authority number.

(g) "Intrastate" means the transportation of property moving between 2 points that are within the boundaries of this state, other than traffic that is determined to be interstate and foreign.

(h) "Michigan motor carrier operation" means the physical plant and equipment of an intrastate business enterprise engaged in the transportation for hire of commodities by motor vehicle from place to place upon the public highways of this state.

(i) "Post" means the maintenance of a file of tariffs that the public may inspect.

(j) "Shipper" means one who ships or receives goods from one place to another.

(k) "Tariff" means a publication containing 1 or more rates, charges, rules, regulations, or other provisions, or any combination thereof, of 1 or more carriers together with the publication's supplements or loose-leaf page amendments, if any.

(2) Terms defined in the act have the same meanings when used in these rules.

History: 1984 AACS; 1988 AACS; 2018 AACS.

R 460.18105. Motor carrier advisory board.

Rule 105. (1) A motor carrier advisory board is created to facilitate a continuing and meaningful exchange between the transportation industry, consumers, and the department staff. The board shall consist of 15 members comprising a representative cross section of the transportation industry and the shipping public and shall be appointed by the department. The term of office of each member of the advisory board shall be 12 calendar months, commencing in January each year. A member appointed to fill a vacancy occurring other than by expiration of a term shall be appointed for the unexpired term. The advisory board shall meet bimonthly or at the call of the chairperson of the board. Members of the advisory board shall receive no compensation and shall not be reimbursed for any expenses incurred in carrying out their advisory functions.

(2) The advisory board shall provide a forum to discuss generic issues, foreseeable problems, and potential resolutions of matters affecting the motor carrier industry and the public. The board shall not undertake discussions as to cases pending before the department or the courts. Board recommendations are not binding and are advisory in nature and are not binding upon the department.

(3) The board shall establish procedures for the orderly conduct of its activities.

History: 1984 AACS; 2018 AACS.

R 460.18106. Meetings; motor carrier advisory board; posting of notice; minutes.

Rule 106. (1) All meetings of the motor carrier advisory board shall be open to the public and all persons shall be allowed to attend and to address a meeting. The conditions under which a member of the public is allowed to address the meeting shall be reasonable, flexible, and designed to encourage public expression.

(2) Notice of the date of the meeting shall be communicated electronically to all board members. The notice shall contain the date, time, and place of the meeting, and a statement that the meeting is open to the public.

(3) A special meeting may be called by the chairperson of the board. Not less than 2 business days before the date of a special meeting, notice shall be posted on the department's website and shall either be mailed electronically to the board members or provided by telephone. A written notice shall contain the date, time, and place of the meeting, and a statement that the meeting is open to the public. A telephone notice shall provide the date, time, and place of the meeting.

(4) Minutes of each meeting shall be kept and shall be open to public inspection.

History: 1984 AACS; 1988 AACS; 2018 AACS.

PART 2. APPLICATION FOR CARRIER CERTIFICATE OF AUTHORITY

R 460.18201. Information to be submitted.

Rule 201. (1) A person shall apply for temporary authority or a certificate of authority on forms prescribed by the department and accompanied by the fee prescribed in section 1 of article IV of the act, MCL 478.1. The motor carrier shall complete all required information on the electronic application and submit required documentation.

(2) In addition to the requirements in subrule (1) of the rule, a person applying for a certificate of authority as a motor carrier of household goods under contract shall also file a copy of all current complete contracts with the department.

(3) Failure to comply with the instructions on the application form may result in the rejection, dismissal, or denial of the application.

(4) An applicant whose application for a certificate of authority was denied in whole or in part shall request a review of the decision by the director of the department or his or her designee before making an appeal pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.

History

• History: 1984 AACS; 2018 AACS.
• History: 1984 AACS; 1988 AACS; 2018 AACS.

Mich. Admin. Code R 460.18202 Rescinded {#sec-r-460.18202 omnilex-key=us-mi-regs-official--dept-state-police--R 460.18202}

R 460.18203. Determination of Fitness.

Rule 203. (1) In evaluating an applicant's fitness and suitability for temporary authority or a certificate of authority, the department may consider, based upon the evidence presented, all of the following criteria:

(a) Compliance with the requirements of R 460.18201(1) and the nature of the information provided.

(b) The nature and extent of past violations of the motor carrier safety act of 1963, 1963 PA 181, MCL 480.11 to 480.25; the Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923; orders of the department; and all statutes or administrative rules governing the operation of motor carriers.

(c) Whether the conduct has exhibited a knowing disregard for the act or department directives.

(d) Whether the applicant has corrected the cause of any violations and is in compliance with the act and department directives.

(e) Mitigating circumstances, if any.

(2) Based upon the information provided, the department shall consider whether the service proposed is consistent with the purpose and policy of section 2 of article I of the act, MCL 475.2.

History

• History: 1984 AACS; 1988 AACS; 2018 AACS.
• History: 1984 AACS; 1988 AACS; 2018 AACS.

Mich. Admin. Code R 460.18204 Rescinded {#sec-r-460.18204 omnilex-key=us-mi-regs-official--dept-state-police--R 460.18204}

History

• History: 1984 AACS; 2018 AACS.

Mich. Admin. Code R 460.18205 Rescinded {#sec-r-460.18205 omnilex-key=us-mi-regs-official--dept-state-police--R 460.18205}

History

• History: 1984 AACS; 2018 AACS.

Mich. Admin. Code R 460.18206 Rescinded {#sec-r-460.18206 omnilex-key=us-mi-regs-official--dept-state-police--R 460.18206}

History

• History: 1984 AACS; 2018 AACS.

Mich. Admin. Code R 460.18207 Rescinded {#sec-r-460.18207 omnilex-key=us-mi-regs-official--dept-state-police--R 460.18207}

History

• History: 1984 AACS; 1988 AACS.

Mich. Admin. Code R 460.18208 Rescinded {#sec-r-460.18208 omnilex-key=us-mi-regs-official--dept-state-police--R 460.18208}

History

• History: 1984 AACS; 2018 AACS.

Mich. Admin. Code R 460.18209 Rescinded {#sec-r-460.18209 omnilex-key=us-mi-regs-official--dept-state-police--R 460.18209}

History

• History: 1984 AACS; 2018 AACS.

Mich. Admin. Code R 460.18212 Rescinded {#sec-r-460.18212 omnilex-key=us-mi-regs-official--dept-state-police--R 460.18212}

PART 3. MODIFIED PROCEDURE

History

• History: 1984 AACS; 2018 AACS.

Mich. Admin. Code R 460.18301 Rescinded {#sec-r-460.18301 omnilex-key=us-mi-regs-official--dept-state-police--R 460.18301}

History

• History: 1984 AACS; 2018 AACS.

Mich. Admin. Code R 460.18302 Rescinded {#sec-r-460.18302 omnilex-key=us-mi-regs-official--dept-state-police--R 460.18302}

History

• History: 1984 AACS; 2018 AACS.

Mich. Admin. Code R 460.18303 Rescinded {#sec-r-460.18303 omnilex-key=us-mi-regs-official--dept-state-police--R 460.18303}

History

• History: 1984 AACS; 1988 AACS; 2018 AACS.

Mich. Admin. Code R 460.18304 Rescinded {#sec-r-460.18304 omnilex-key=us-mi-regs-official--dept-state-police--R 460.18304}

History

• History: 1984 AACS; 2018 AACS.

Mich. Admin. Code R 460.18307 Rescinded {#sec-r-460.18307 omnilex-key=us-mi-regs-official--dept-state-police--R 460.18307}

History

• History: 1984 AACS; 2018 AACS.

Mich. Admin. Code R 460.18308 Rescinded {#sec-r-460.18308 omnilex-key=us-mi-regs-official--dept-state-police--R 460.18308}

PART 4. AUTHORITY AND PERMITS

R 460.18401. Change of names.

Rule 401. A motor carrier shall not change its name without filing the proper application and receiving department approval.

History

• History: 1984 AACS; 2018 AACS.
• History: 1984 AACS; 2018 AACS.

Mich. Admin. Code R 460.18402 Rescinded {#sec-r-460.18402 omnilex-key=us-mi-regs-official--dept-state-police--R 460.18402}

R 460.18403. Limitations imposed by authority; new or amended.

Rule 403. (1) A motor carrier's authority is limited to the specific service authorized by it.

(2) A motor carrier of household goods authorized to transport property under contract with a manufacturer, store, or other entity shall be issued authority containing the names of all shippers. A motor carrier of household goods under contract shall not engage in any other or different operations or transport for any other or additional shippers than those named in its authority without having obtained a new or amended authority covering the new operation or shippers. A new or amended authority shall be obtained in the manner prescribed for procurement of an original authority. Motor carriers of household goods under contract shall file all current complete contracts with the department.

History

• History: 1984 AACS; 2018 AACS.
• History: 1984 AACS; 1988 AACS; 2018 AACS.

Mich. Admin. Code R 460.18404 Rescinded {#sec-r-460.18404 omnilex-key=us-mi-regs-official--dept-state-police--R 460.18404}

R 460.18405. Primary business.

Rule 405. A person engaged in any other business or enterprise who transports property by motor vehicle for business purposes, unless the transportation is within the scope, and in the furtherance, of the person's primary business enterprise, which is not transportation, is deemed to be conducting a motor-carrier-for-hire operation in evasion of the act, unless the transportation has been authorized by the department pursuant to the act and these rules or is exempt under the act.

R 460.18406. Leasing.

Rule 406. The leasing of a motor vehicle to be operated by an employee of the lessor for transportation of property to a person other than to a regulated carrier is prohibited as what is defined as "through any device or arrangement" as defined in section 1(z) of article I of the act, MCL 475.1, which shall constitute an evasion of the act unless the parties to the lease conduct their operation according to the terms of the lease agreement, which shall be in writing and provide that the vehicle shall be operated by the lessee or an employee of the lessor and the operation and use of the vehicle shall be subject to lessee's supervision, direction, and control for the full period of the lease. The lessor or any employee of the lessor shall not qualify as an employee of the lessee.

History

• History: 1984 AACS; 2018 AACS.
• History: 1984 AACS; 2018 AACS.
• History: 1984 AACS; 2018 AACS.

Mich. Admin. Code R 460.18407 Subleasing, leasing, or rental of certificate or permit prohibited {#sec-r-460.18407 omnilex-key=us-mi-regs-official--dept-state-police--R 460.18407}

Rule 407. Any subleasing, leasing, or rental of a certificate or permit in whole or in part is prohibited.

History

• History: 1984 AACS.

Mich. Admin. Code R 460.18408 Rescinded {#sec-r-460.18408 omnilex-key=us-mi-regs-official--dept-state-police--R 460.18408}

R 460.18409. Discontinuance of service.

Rule 409. (1) An application for temporary or permanent discontinuance of service shall be submitted on forms prescribed by the department.

(2) An authorized temporary discontinuance of service shall not extend beyond 3 years. After service has been discontinued pursuant to this rule for a total of 3 years, a further discontinuance shall not be granted. While in temporary discontinuance, an authority shall be renewed annually in the same manner as an active authority, pursuant to section 10 of article V of the act, MCL 479.10.

(3) A motor carrier shall apply for reinstatement on forms prescribed by the department. Any discontinued authority not reinstated by the end of 3 years shall be revoked. A motor carrier must complete a new application to establish active operating authority.

History

• History: 1984 AACS; 1988 AACS; 2018 AACS.
• History: 1984 AACS; 1988 AACS; 2018 AACS.

Mich. Admin. Code R 460.18410 Rescinded {#sec-r-460.18410 omnilex-key=us-mi-regs-official--dept-state-police--R 460.18410}

History

• History: 1984 AACS; 2018 AACS.

Mich. Admin. Code R 460.18411 Rescinded {#sec-r-460.18411 omnilex-key=us-mi-regs-official--dept-state-police--R 460.18411}

R 460.18412. Emergency substitution of equipment.

Rule 412. (1) For the purpose of this rule, an emergency is considered to exist when, by reason of breakdown or an unusual temporary demand for transportation, a motor carrier finds it necessary to provide additional motor vehicles for a limited period.

(2) Upon request by a motor carrier, accompanied by payment of $10.00 for each permit, the department may issue a temporary 72-hour permit to the carrier. A permit shall not be used for more than 72 consecutive hours from issuance. If the emergency requires the use of the equipment for a longer period, a new permit shall be issued for each additional 72 hours the vehicle is in use.

(3) The department is the sole judge of the extent to which a motor carrier may use emergency equipment and a temporary 72-hour permit and reserves the power to deny or curtail their use and to require the motor carrier to register additional vehicles.

(4) A vehicle operating under a temporary 72-hour permit shall be under the control and direction of the motor carrier issued the permit and shall be used only within the scope of the authority of that motor carrier.

(5) A vehicle operating under a temporary 72-hour permit is exempt from the provisions of sections 10(6) and 10a(1) of article V of the act, MCL 479.10 and 479.10a.

R 460.18413. Business address and telephone number; need to maintain current information.

Rule 413. A motor carrier holding authority shall maintain on file with the department its current principal business address and telephone number and the name of an officer or business agent at that place of business.

PART 5. IDENTIFICATION OF VEHICLE

R 460.18501. Issuance and attachment of vehicle identification.

Rule 501. (1) Except as otherwise provided in this rule, upon issuance of a certificate of authority and payment of the appropriate fees, the department shall issue an identification decal for each self-propelled motor vehicle covered by the certificate of authority. The identification decal shall be attached in a conspicuous location on the motor vehicle as directed by the department. The identification shall remain on the motor vehicle for which it was issued at all times, unless application has been made to the department for permanent retirement of the motor vehicle from operation or when the motor vehicle is undergoing repairs necessitating removal of the identification decal.

(2) The identification decal shall expire automatically on December 31 of the year for which it was issued, unless the date of expiration is extended by the department.

(3) The loss or destruction of an identification shall be reported to the department.

A replacement identification decal may be obtained upon making proper application on forms furnished by the department and payment of a fee of $5.00 for the replacement identification decal.

(4) This rule does not apply to a UCR motor carrier of general commodities.

R 460.18502. Cab Cards.

Rule 502. (1) Except as otherwise provided in this rule, a cab card shall be issued for each self-propelled motor vehicle covered by a certificate of authority. The cab card shall be carried with the motor vehicle for which it is issued to permit it to be easily inspected.

(2) In case of loss or destruction of a cab card, a replacement card may be obtained upon making proper application on forms furnished by the department and payment of a fee of $5.00.

(3) This rule does not apply to a UCR motor carrier of general commodities.

R 460.18503. Names and accounting numbers.

Rule 503. (1) Within 30 days of commencing service, the name and address of the motor carrier shall be permanently placed in a conspicuous place on both sides of all power vehicles in contrasting colors with plain letters and numbers not less than 3 inches in height.

(2) All power vehicles shall be given separate unit numbers, which shall be placed on both sides of the power vehicles in a conspicuous place in plain numbers not less than 3 inches in height and in contrasting colors.

(3) The letters CVED and the CVED number of the motor carrier shall be placed in a conspicuous place on both sides of all power vehicles in plain letters and in contrasting colors, and with numbers not less than 1 1/2 inches in height.

(4) The numbers and letters shall remain on the motor vehicle only when operated under an active authority issued by the department.

(5) If any motor carrier removes any motor vehicle permanently from operation or transfer, or otherwise dispose of any department-issued authority, the CVED number shall be promptly removed from that vehicle.

(6) Any motor carrier that transfers or otherwise disposes of any departmentissued authority, or possesses any authority that has been revoked or placed into temporary discontinuance, shall not use the CVED number, in any manner whatsoever, in any advertising for that carrier's services.

R 460.18504. Authority document.

Rule 504. Except on approval of the department, a motor carrier's self-propelled motor vehicle shall not be operated unless the motor vehicle at all times has in the cab the motor carrier's department-issued authority. The authority document shall be kept in a clean and legible condition at all times.

R 460.18505. Identification decal and cab card required.

Rule 505. Unless otherwise provided in the certificate of authority, a selfpropelled motor vehicle shall not be operated until a department-issued identification decal and cab card have been issued and attached to the motor vehicle.

PART 6. TRANSFER OF AUTHORITY

History

• History: 1984 AACS; 2018 AACS.
• History: 1984 AACS; 2018 AACS.
• History: 1988 AACS; 2018 AACS.
• History: 1988 AACS; 2018 AACS.
• History: 1984 AACS; 2018 AACS.
• History: 1984 AACS; 1988 AACS; 2018 AACS.
• History: 1984 AACS; 2018 AACS.
• History: 1984 AACS; 1988 AACS; 2018 AACS.

Mich. Admin. Code R 460.18601 Rescinded {#sec-r-460.18601 omnilex-key=us-mi-regs-official--dept-state-police--R 460.18601}

History

• History: 1984 AACS; 2018 AACS.

Mich. Admin. Code R 460.18602 Rescinded {#sec-r-460.18602 omnilex-key=us-mi-regs-official--dept-state-police--R 460.18602}

History

• History: 1984 AACS; 2018 AACS.

Mich. Admin. Code R 460.18603 Rescinded {#sec-r-460.18603 omnilex-key=us-mi-regs-official--dept-state-police--R 460.18603}

History

• History: 1984 AACS; 2018 AACS.

Mich. Admin. Code R 460.18604 Rescinded {#sec-r-460.18604 omnilex-key=us-mi-regs-official--dept-state-police--R 460.18604}

History

• History: 1984 AACS; 2018 AACS.

Mich. Admin. Code R 460.18605 Rescinded {#sec-r-460.18605 omnilex-key=us-mi-regs-official--dept-state-police--R 460.18605}

History

• History: 1984 AACS; 2018 AACS.

Mich. Admin. Code R 460.18606 Rescinded {#sec-r-460.18606 omnilex-key=us-mi-regs-official--dept-state-police--R 460.18606}

History

• History: 1984 AACS; 2018 AACS.

Mich. Admin. Code R 460.18607 Rescinded {#sec-r-460.18607 omnilex-key=us-mi-regs-official--dept-state-police--R 460.18607}

History

• History: 1984 AACS; 2018 AACS.

Mich. Admin. Code R 460.18609 Rescinded {#sec-r-460.18609 omnilex-key=us-mi-regs-official--dept-state-police--R 460.18609}

History

• History: 1984 AACS; 2018 AACS.

Mich. Admin. Code R 460.18610 Rescinded {#sec-r-460.18610 omnilex-key=us-mi-regs-official--dept-state-police--R 460.18610}

History

• History: 1984 AACS; 1988 AACS; 2018 AACS.

Mich. Admin. Code R 460.18611 Rescinded {#sec-r-460.18611 omnilex-key=us-mi-regs-official--dept-state-police--R 460.18611}

PART 7. SHIPPING DOCUMENTS AND PAYMENT OF FREIGHT

CHARGES

History

• History: 1984 AACS; 1988 AACS; 2018 AACS.

Mich. Admin. Code R 460.18701 Rescinded {#sec-r-460.18701 omnilex-key=us-mi-regs-official--dept-state-police--R 460.18701}

History

• History: 1984 AACS; 1988 AACS; 2018 AACS.

Mich. Admin. Code R 460.18703 Rescinded {#sec-r-460.18703 omnilex-key=us-mi-regs-official--dept-state-police--R 460.18703}

History

• History: 1984 AACS; 1988 AACS; 2018 AACS.

Mich. Admin. Code R 460.18705 Rescinded {#sec-r-460.18705 omnilex-key=us-mi-regs-official--dept-state-police--R 460.18705}

History

• History: 1984 AACS; 1988 AACS; 2018 AACS.

Mich. Admin. Code R 460.18706 Rescinded {#sec-r-460.18706 omnilex-key=us-mi-regs-official--dept-state-police--R 460.18706}

History

• History: 1984 AACS; 1988 AACS; 2018 AACS.

Mich. Admin. Code R 460.18707 Rescinded {#sec-r-460.18707 omnilex-key=us-mi-regs-official--dept-state-police--R 460.18707}

History

• History: 1984 AACS; 2018 AACS.

Mich. Admin. Code R 460.18708 Rescinded {#sec-r-460.18708 omnilex-key=us-mi-regs-official--dept-state-police--R 460.18708}

History

• History: 1984 AACS; 1988 AACS; 2018 AACS.

Mich. Admin. Code R 460.18710 Rescinded {#sec-r-460.18710 omnilex-key=us-mi-regs-official--dept-state-police--R 460.18710}

History

• History: 1984 AACS; 2018 AACS.

Mich. Admin. Code R 460.18711 Rescinded {#sec-r-460.18711 omnilex-key=us-mi-regs-official--dept-state-police--R 460.18711}

PART 8. ACCOUNTING AND REPORTING PROCEDURES

R 460.18801. Annual reports.

Rule 801. (1) Before April 30 of each year, or not later than 4 months after the close of its fiscal year, the department may require a motor carrier of household goods to file an annual financial report in a manner prescribed by the department. The report shall be prepared from the carrier's books, which shall be kept strictly in accordance with generally accepted accounting principles. The report shall cover the last preceding calendar or fiscal year of the carrier. One copy shall be filed with the department and 1 copy shall be retained by the carrier as part of its permanent records. The annual report shall be filed and verified by a responsible officer having control of the accounts of the carrier.

(2) The annual financial report for a carrier holding both household goods and general commodity authorities shall also include the revenues and expenses generated by its general commodities operations.

History

• History: 1984 AACS; 2018 AACS.
• History: 1984 AACS; 1988 AACS; 2018 AACS.

Mich. Admin. Code R 460.18802 Rescinded {#sec-r-460.18802 omnilex-key=us-mi-regs-official--dept-state-police--R 460.18802}

PART 9. EMERGENCY-TEMPORARY AND TEMPORARY AUTHORITY

History

• History: 1984 AACS; 1988 AACS; 2018 AACS.

Mich. Admin. Code R 460.18901 Rescinded {#sec-r-460.18901 omnilex-key=us-mi-regs-official--dept-state-police--R 460.18901}

History

• History: 1984 AACS; 2018 AACS.

Mich. Admin. Code R 460.18902 Rescinded {#sec-r-460.18902 omnilex-key=us-mi-regs-official--dept-state-police--R 460.18902}

History

• History: 1984 AACS; 2018 AACS.

Mich. Admin. Code R 460.18903 Rescinded {#sec-r-460.18903 omnilex-key=us-mi-regs-official--dept-state-police--R 460.18903}

History

• History: 1984 AACS; 2018 AACS.

Mich. Admin. Code R 460.18904 Rescinded {#sec-r-460.18904 omnilex-key=us-mi-regs-official--dept-state-police--R 460.18904}

History

• History: 1984 AACS; 2018 AACS.

Mich. Admin. Code R 460.18906 Rescinded {#sec-r-460.18906 omnilex-key=us-mi-regs-official--dept-state-police--R 460.18906}

History

• History: 1984 AACS; 2018 AACS.

Mich. Admin. Code R 460.18907 Rescinded {#sec-r-460.18907 omnilex-key=us-mi-regs-official--dept-state-police--R 460.18907}

History

• History: 1984 AACS; 1988 AACS; 2018 AACS.

Mich. Admin. Code R 460.18909 Rescinded {#sec-r-460.18909 omnilex-key=us-mi-regs-official--dept-state-police--R 460.18909}

History

• History: 1984 AACS; 2018 AACS.

Mich. Admin. Code R 460.18910 Rescinded {#sec-r-460.18910 omnilex-key=us-mi-regs-official--dept-state-police--R 460.18910}

History

• History: 1984 AACS; 2018 AACS.

Mich. Admin. Code R 460.18911 Rescinded {#sec-r-460.18911 omnilex-key=us-mi-regs-official--dept-state-police--R 460.18911}

History

• History: 1984 AACS; 2018 AACS.

Mich. Admin. Code R 460.18912 Rescinded {#sec-r-460.18912 omnilex-key=us-mi-regs-official--dept-state-police--R 460.18912}

PART 10. COLLECTIVE RATE MAKING BETWEEN OR AMONG

CARRIERS

History

• History: 1984 AACS; 2018 AACS.

Mich. Admin. Code R 460.19001 Rescinded {#sec-r-460.19001 omnilex-key=us-mi-regs-official--dept-state-police--R 460.19001}

History

• History: 1984 AACS; 2018 AACS.

Mich. Admin. Code R 460.19002 Rescinded {#sec-r-460.19002 omnilex-key=us-mi-regs-official--dept-state-police--R 460.19002}

History

• History: 1984 AACS; 2018 AACS.

Mich. Admin. Code R 460.19003 Rescinded {#sec-r-460.19003 omnilex-key=us-mi-regs-official--dept-state-police--R 460.19003}

History

• History: 1984 AACS; 2018 AACS.

Mich. Admin. Code R 460.19004 Rescinded {#sec-r-460.19004 omnilex-key=us-mi-regs-official--dept-state-police--R 460.19004}

History

• History: 1984 AACS; 2018 AACS.

Mich. Admin. Code R 460.19005 Rescinded {#sec-r-460.19005 omnilex-key=us-mi-regs-official--dept-state-police--R 460.19005}

History

• History: 1984 AACS; 2018 AACS.

Mich. Admin. Code R 460.19006 Rescinded {#sec-r-460.19006 omnilex-key=us-mi-regs-official--dept-state-police--R 460.19006}

History

• History: 1984 AACS; 2018 AACS.

Mich. Admin. Code R 460.19007 Rescinded {#sec-r-460.19007 omnilex-key=us-mi-regs-official--dept-state-police--R 460.19007}

History

• History: 1984 AACS; 2018 AACS.

Mich. Admin. Code R 460.19008 Rescinded {#sec-r-460.19008 omnilex-key=us-mi-regs-official--dept-state-police--R 460.19008}

History

• History: 1984 AACS; 2018 AACS.

Mich. Admin. Code R 460.19009 Rescinded {#sec-r-460.19009 omnilex-key=us-mi-regs-official--dept-state-police--R 460.19009}

History

• History: 1984 AACS; 2018 AACS.

Mich. Admin. Code R 460.19010 Rescinded {#sec-r-460.19010 omnilex-key=us-mi-regs-official--dept-state-police--R 460.19010}

History

• History: 1984 AACS; 2018 AACS.

Mich. Admin. Code R 460.19011 Rescinded {#sec-r-460.19011 omnilex-key=us-mi-regs-official--dept-state-police--R 460.19011}

History

• History: 1984 AACS; 2018 AACS.

Mich. Admin. Code R 460.19012 Rescinded {#sec-r-460.19012 omnilex-key=us-mi-regs-official--dept-state-police--R 460.19012}

History

• History: 1984 AACS; 2018 AACS.

Mich. Admin. Code R 460.19013 Rescinded {#sec-r-460.19013 omnilex-key=us-mi-regs-official--dept-state-police--R 460.19013}

History

• History: 1984 AACS; 2018 AACS.

Mich. Admin. Code R 460.19014 Rescinded {#sec-r-460.19014 omnilex-key=us-mi-regs-official--dept-state-police--R 460.19014}

History

• History: 1984 AACS; 2018 AACS.

Mich. Admin. Code R 460.19016 Rescinded {#sec-r-460.19016 omnilex-key=us-mi-regs-official--dept-state-police--R 460.19016}

History

• History: 1984 AACS; 2018 AACS.

Mich. Admin. Code R 460.19018 Rescinded {#sec-r-460.19018 omnilex-key=us-mi-regs-official--dept-state-police--R 460.19018}

History

• History: 1984 AACS; 2018 AACS.

Mich. Admin. Code R 460.19019 Rescinded {#sec-r-460.19019 omnilex-key=us-mi-regs-official--dept-state-police--R 460.19019}

History

• History: 1984 AACS; 1988 AACS; 2018 AACS.

Mich. Admin. Code R 460.19020 Rescinded {#sec-r-460.19020 omnilex-key=us-mi-regs-official--dept-state-police--R 460.19020}

History

• History: 1984 AACS; 2018 AACS.

Mich. Admin. Code R 460.19021 Rescinded {#sec-r-460.19021 omnilex-key=us-mi-regs-official--dept-state-police--R 460.19021}

History

• History: 1984 AACS; 2018 AACS.

Mich. Admin. Code R 460.19022 Rescinded {#sec-r-460.19022 omnilex-key=us-mi-regs-official--dept-state-police--R 460.19022}

PART 11. INSURANCE

History

• History: 1984 AACS; 2018 AACS.

Mich. Admin. Code R 460.19101 Rescinded {#sec-r-460.19101 omnilex-key=us-mi-regs-official--dept-state-police--R 460.19101}

History

• History: 1984 AACS; 2018 AACS.

Mich. Admin. Code R 460.19102 Rescinded {#sec-r-460.19102 omnilex-key=us-mi-regs-official--dept-state-police--R 460.19102}

History

• History: 1984 AACS; 1988 AACS; 2018 AACS.

Mich. Admin. Code R 460.19103 Rescinded {#sec-r-460.19103 omnilex-key=us-mi-regs-official--dept-state-police--R 460.19103}

History

• History: 1984 AACS; 2018 AACS.

Mich. Admin. Code R 460.19104 Rescinded {#sec-r-460.19104 omnilex-key=us-mi-regs-official--dept-state-police--R 460.19104}

History

• History: 1984 AACS; 1988 AACS; 2018 AACS.

Mich. Admin. Code R 460.19105 Rescinded {#sec-r-460.19105 omnilex-key=us-mi-regs-official--dept-state-police--R 460.19105}

R 460.19106

PART 12. RATES AND TARIFFS

R 460.19201. Definitions.

Rule 1201. As used in this part:

(a) "Agent" means a person or corporation duly authorized by a carrier to publish rates and provisions for that carrier's account in tariffs published in the name of the agent.

(b) "Aggregate" means the net rate or charge increases or decreases of the carrier filing the proposed rate change within the year since the effective date of the proposed rate.

(c) "Amendment" means any change to a tariff, including additions or cancellations.

(d) "Capital structure ratio" means the sum of a carrier's debt due after 1 year divided by shareholder's equity plus the debt due after 1 year.

(e) "Cost evidence" means those financial schedules, statements, and reports which are submitted to the department in supportive justification of a proposed rate increase or decrease.

(f) "Current ratio" means current assets divided by current liabilities.

(g) "Expense ratio" means the sum of expenses plus interest on long-term debt divided by revenue.

(h) "Expenses" means those financial charges or costs incurred for hire upon the public highways of, and between points within this state.

(i) "Financial schedules, statements, and reports" means evidence presented in the form of charts, balance sheets, ledgers, graphs, tables, computer printouts, or narrative account that serves to illustrate, explain, justify, and identify the revenues and expenditures realized by a particular motor carrier operation.

(j) "Fixed or constant costs" means those costs that do not change as a result of changes in the volume of business.

(k) "Foreseeable future cost" means a new cost, an increase or decrease in wagerelated costs, a non-labor expense, or a cost attributable to fuel and fuel-related expenses.

These costs shall not be merely speculative, but shall have a high probability of occurring within a period of time not longer than 6 months from the effective date of the rate proposal to which foreseeable future costs are applied.

(l) "Fully allocated costs" means total costs, including variable costs plus an allocation of fixed costs.

(m) "Item" means a tariff provision of any kind bearing an item number designation.

(n) "Labor expenses" means charges or costs incurred by a motor carrier enterprise in payment for all wages and expenses incidental to employment.

(o) "Long-term debt" means debt due after 1 year.

(p) "Loose-leaf tariff" means a tariff, not a bound tariff, consisting of loose-leaf pages.

(q) "Operating ratio" means the quotient of a carrier's operating expenses divided by its operating revenues.

(r) "Post" refers to the maintenance of a file of tariffs which the public may inspect.

(s) "Predatory rate" means a rate that is below or in excess of its fully allocated cost. Fully allocated costs are total costs, including variable costs plus an allocation of fixed costs.

(t) "Producer price index" means the producer price index of industrial commodities, less fuels and related products and power, as published by and available from the United States Department of Labor, Bureau of Labor Statistics, Washington, D.C. 20212.

(u) "Rate proposal" means a formal request made to establish a rate or rule before publication in a tariff to be filed with the department.

(v) "Return on transportation investment" means that formula used to determine the amount of income a carrier is receiving as compared to the carrier's investment.

(w) "Revenue need" means the demonstrated need of a motor carrier of household goods for a change in rates.

(x) "Statutory notice" means 30 days' notice or 45 days' notice, as the case may be, as set forth in the act.

(y) "Supplement" means a publication, indicated as a supplement, consisting of a single sheet, or 2 or more sheets bound at the left edge in pamphlet or book form, issued to amend or cancel the tariff.

(z) "Tariff" means a publication containing 1 or more rates, charges, rules, regulations, or other provisions, or any combination thereof, of 1 or more motor carriers of household goods, together with its supplements or loose-leaf page amendments thereto, if any.

(aa) "Tariff identification designation" means an approved consecutive number system used to identify tariffs filed with the department.

(bb) "Variable costs" means those business-related costs that vary with changes in the volume of business.

R 460.19202. Necessity for nonpredatory rates.

Rule 1202. Following the granting of a new or temporary authority to a motor carrier of household goods, but before the issuance of the authority that authorizes commencement of operations, the department shall determine that the rates charged under the new authority are nonpredatory.

History

• History: 1984 AACS; 1988 AACS; 2018 AACS.
• History: 1984 AACS; 2018 AACS.
• History: 1984 AACS; 2018 AACS.
• History: 1984 AACS; 2018 AACS.

Mich. Admin. Code R 460.19203 Rescinded {#sec-r-460.19203 omnilex-key=us-mi-regs-official--dept-state-police--R 460.19203}

History

• History: 1984 AACS; 1988 AACS; 2018 AACS.

Mich. Admin. Code R 460.19204 Rescinded {#sec-r-460.19204 omnilex-key=us-mi-regs-official--dept-state-police--R 460.19204}

RATE JUSTIFICATION

R 460.19205. Rate justification; accompanying statements or schedules.

Rule 1205. (1) A rate proposal filed with the department by 1 or more motor carriers of household goods may be required to be accompanied by detailed statements or schedules of their revenues and expenditures in the form, and according to the directions, that the department may prescribe.

(2) The statements or schedules shall indicate and specify changes, and the extent of those changes, in the incurred costs cited by a carrier as justification for the rate proposal.

(3) A statement attesting to the validity of cost evidence shall be included with the rate proposal attesting that the evidence is true and accurate to the best of the motor carrier’s knowledge. The statement shall be signed and submitted simultaneously with any cost evidence filed with the department.

History

• History: 1984 AACS; 2018 AACS.
• History: 1984 AACS; 2018 AACS.

Mich. Admin. Code R 460.19206 Rescinded {#sec-r-460.19206 omnilex-key=us-mi-regs-official--dept-state-police--R 460.19206}

History

• History: 1984 AACS; 1988 AACS; 2018 AACS.

Mich. Admin. Code R 460.19207 Rescinded {#sec-r-460.19207 omnilex-key=us-mi-regs-official--dept-state-police--R 460.19207}

History

• History: 1984 AACS; 2018 AACS.

Mich. Admin. Code R 460.19209 Rescinded {#sec-r-460.19209 omnilex-key=us-mi-regs-official--dept-state-police--R 460.19209}

R 460.19210. Statement of authorized representation.

Rule 1210. (1) An agent representing a motor carrier or carriers of household goods who files a tariff, or any other supplemental information as referred to in these rules, and that has been charged with the responsibility for preparing cost evidence filings by a carrier or carriers, shall prepare and submit a statement of authorized representation to the department.

(2) The statement of authorized representation shall be submitted with the represented carrier's cost evidence filings and shall contain all of the following:

(a) The name of the filing agent.

(b) The domicile of the filing agent.

(c) The signature of the filing agent.

(3) The signature of an agent responsible for the preparation of a cost evidence filing shall serve as a statement of record that the agent is the authorized representative of the carrier or carriers and that the cost evidence filings are accurate and true to the best of the agent's knowledge.

History

• History: 1984 AACS; 2018 AACS.
• History: 1984 AACS; 2018 AACS.

Mich. Admin. Code R 460.19211 Rescinded {#sec-r-460.19211 omnilex-key=us-mi-regs-official--dept-state-police--R 460.19211}

History

• History: 1984 AACS; 1988 AACS; 2018 AACS.

Mich. Admin. Code R 460.19212 Rescinded {#sec-r-460.19212 omnilex-key=us-mi-regs-official--dept-state-police--R 460.19212}

R 460.19213. Financial and cost criteria.

Rule 1213. (1) In determining the revenue need of a motor carrier or carriers of household goods pursuant to a cost evidence evaluation, the department may require the carrier or carriers to prepare and submit information pertaining to any of the following:

(a) Return on equity.

(b) Return on transportation investment.

(c) Operating ratio.

(d) Expense ratio.

(e) Current ratio.

(f) Capital structure ratio.

(g) Any other reasonable cost center criteria that may be useful to the department in assessing the financial structure and needs of the carrier operations.

(2) The department may reject the cost evidence filings of a motor carrier of household goods when it determines that there is reason to believe that the filings do not sufficiently provide that information that may be deemed necessary for the accurate review and determination of the carrier's financial structure.

R 460.19214. Labor expenses.

Rule 1214. (1) The labor costs presented in the cost evidence filings of a motor carrier or carriers of household goods which are submitted to the department pursuant to a rate proposal shall be separated into the following cost categories:

(a) Union employees.

(b) Nonunion employees.

(c) Managers and executives.

(d) Drivers, helpers, dockhands, and others.

(2) Labor cost changes may be cited by a motor carrier of household goods in cost evidence filings as expenses which may justify a rate increase or decrease.

R 460.19215. Taxes.

Rule 1215. Costs incurred pursuant to the payment of any municipal, county, state, or federal income taxes or any penalties, judgments, liens, or assessments levied thereon shall not be included in a cost evidence filing as costs which justify a rate proposal.

R 460.19216. Economic indicators.

Rule 1216. (1) When calculating an increase filed as an adjustment for increased operating expenses due to non-labor inflationary trends, a motor carrier or carriers of household goods may use the producer price index in addition to, or in conjunction with, any other appropriate economic indicators to estimate future foreseeable costs.

(2) Where projection of future foreseeable costs is made, the future period covered shall not extend beyond 6 months after the effective date of the rate filing.

R 460.19217. Empirical financial data.

Rule 1217. (1) All empirical financial data or schedules describing the financial condition of a motor carrier or carriers of household goods shall reflect the most current financial data or schedules available. Empirical data are data based upon observation or experience as opposed to data derived from theory. As used in this rule, "current financial data" includes all revenues and expenses realized within a 12-month period before the date of filing, or within any other reasonable period of time deemed appropriate by the department.

(2) Information taken from all financial schedules and reports used in the calculation of financial ratios shall be taken from a common closing date for the accumulation of that information.

History

• History: 1984 AACS; 2018 AACS.
• History: 1984 AACS; 2018 AACS.
• History: 1984 AACS; 2018 AACS.
• History: 1984 AACS; 2018 AACS.
• History: 1984 AACS; 2018 AACS.
• History: 1984 AACS; 1988 AACS; 2018 AACS.

Mich. Admin. Code R 460.19218 Calculation of return on transportation investment {#sec-r-460.19218 omnilex-key=us-mi-regs-official--dept-state-police--R 460.19218}

Rule 1218. When calculating the return on transportation investment, the base income subject to calculation shall not include income paid out in taxes or interest, but shall include the total working capital provided by investors and debt financiers as follows:

Return on investment in = Net carrier operating income/ transportation property Average net carrier operating property plus current assets minus current liabilities

History

• History: 1984 AACS.

Mich. Admin. Code R 460.19219 Calculation of return on equity {#sec-r-460.19219 omnilex-key=us-mi-regs-official--dept-state-police--R 460.19219}

Rule 1219. Return on equity is calculated as follows:

Return on equity = Net income after taxes/Average equity

History

• History: 1984 AACS.

Mich. Admin. Code R 460.19220 Calculation of operating ratio {#sec-r-460.19220 omnilex-key=us-mi-regs-official--dept-state-police--R 460.19220}

Rule 1220. The operating ratio is calculated as follows:

Operating ratio = Operating expenses, not including interest or tax expenses Operating revenues

History

• History: 1984 AACS.

Mich. Admin. Code R 460.19221 Calculation of expense ratio {#sec-r-460.19221 omnilex-key=us-mi-regs-official--dept-state-police--R 460.19221}

Rule 1221. The expense ratio is calculated as follows:

Expense ratio = Operating expenses plus interest on long-term debt Operating revenues

History

• History: 1984 AACS.

Mich. Admin. Code R 460.19222 Calculation of current ratio {#sec-r-460.19222 omnilex-key=us-mi-regs-official--dept-state-police--R 460.19222}

Rule 1222. The current ratio is calculated as follows:

Current ratio = Current assets, year-end Current liabilities, year-end

History

• History: 1984 AACS.

Mich. Admin. Code R 460.19223 Calculation of capital structure ratio {#sec-r-460.19223 omnilex-key=us-mi-regs-official--dept-state-police--R 460.19223}

Rule 1223. The capital structure ratio is calculated as follows:

Capital structure ratio = Long-term debt Long-term debt plus shareholders equity minus intangibles

R 460.19224. Additional cost evidence from carriers.

Rule 1224. (1) A motor carrier or carriers of household goods that believes that the standards of cost evidence do not provide for a complete or fair analysis of its financial operations may submit any additional data or information that may be deemed necessary to explain its financial operations.

(2) Additional data or information may be submitted in the form of fiscal schedules, statements, or reports as may be deemed necessary to sufficiently clarify the carrier's financial operations.

R 460.19225. Corrections and addenda to original filings.

Rule 1225. Cost evidence that is filed in correction of, or as an addition to, those schedules, reports, or statements originally filed pursuant to a rate proposal submitted to the department shall be filed not later than 5 days after notice has been given of the receipt of the original filings or any other reasonable period of time as may be determined by the department.

R 460.19226. Unreasonable rate adjustments.

Rule 1226. A rate adjustment submitted by a motor carrier or carriers of household goods in a cost evidence evaluation shall be considered unreasonable under any of the following circumstances:

(a) It does not conform to the specifications contained in these rules.

(b) It is in excess of the rate required by the carrier or carriers to assure adequate and safe service and a fair opportunity to realize a return on transportation investment and to maintain a reasonable operating ratio.

R 460.19227. Random or routine compliance audit procedures.

Rule 1227. (1) The department shall notify those motor carrier or carriers of household goods selected for audit of the designated day or days upon which their company will be audited. This notice shall be given not less than 48 hours in advance of the scheduled audit.

(2) The department shall inform the carrier or carriers of the information that will be required by the department for the purpose of conducting the proposed audit.

History

• History: 1984 AACS.
• History: 1984 AACS; 2018 AACS.
• History: 1984 AACS; 2018 AACS.
• History: 1984 AACS; 2018 AACS.
• History: 1984 AACS; 2018 AACS.

Mich. Admin. Code R 460.19228 Rescinded {#sec-r-460.19228 omnilex-key=us-mi-regs-official--dept-state-police--R 460.19228}

TARIFF COMPILATION

R 460.19229. Tariff compilation; tariff filings; physical form.

Rule 1229. (1) All motor carriers of household goods shall file tariffs for moves in excess of 40 miles. All tariffs and supplements thereto shall be in book, pamphlet, or loose-leaf form, the size of which shall be 8-1/2 by 11 inches, and shall be plainly machine printed by computer , or prepared by other durable process on paper of good quality. Tariffs or supplements applicable to both interstate and intrastate filings may be on paper which is 8 by 11 inches.

(2) All tariffs and supplements thereto which are filed and posted shall be clearly legible.

R 460.19230. Arrangement.

Rule 1230. Tariffs shall be arranged in the following manner:

(a) Title page, as set forth in R 460.19231.

(b) All rules and regulations governing the transportation of household goods, as set forth in R 460.19234.

(c) Rates and charges, as set forth in R 460.19235.

(d) Explanation of abbreviations and reference marks.

R 460.19231. Title page.

Rule 1231. All of the following provisions apply:

(a) Every tariff shall bear a CVED identification designation, as set forth in R 460.19232.

(b) The title page shall contain rules and regulations, or a combination of rules and regulations class, commodity, or a combination of these descriptions, or any other description which describes the contents of the tariff.

(c) Except as otherwise provided elsewhere for agency tariffs, the name used on a tariff or other department filing by an individual, partnership, firm, or corporation, as the case may be, shall be the same as shown on the certificate issued by the department.

(d) Every tariff shall show an issuing and effective date, as set forth in R 460.19245.

R 460.19232. Tariff identification designation.

Rule 1232. (1) Every tariff filed with the department shall bear a tariff identification designation. Motor carrier or carriers of household goods or their agent shall use a consecutive numbering system, acceptable to the department, to establish such designations.

(2) All of the following provisions apply to tariff references to previous filings:

(a) Any tariff referring to another tariff shall identify the other tariff by its tariff identification designation.

(b) Any tariff that refers to another as a governing publication or otherwise, shall clearly spell out the name of the motor carrier or carriers or agent whose tariff it is.

(c) Rejected tariffs shall not be referred to in any subsequent tariff as having been cancelled, amended, or withdrawn. The tariff that is published to replace the rejected tariff shall bear the following notation: "Issued in lieu of (here identify the rejected tariff), rejected by the Michigan Department of State Police."

(3) All of the following provisions apply to changes of motor carrier or carriers of household goods or agent control or name:

(a) A court-appointed receiver, trustee, executor, administrator, or assignee who assumes possession and operational control of a carrier, whether in whole or in part, shall continue utilization of the carrier's tariff identification designation.

(b) Where the name of a carrier is lawfully changed or the operating control of a carrier's properties is lawfully transferred in whole or in part, to another party as approved by the department, the tariff identification designation utilized by the new carrier may be approved as an original filing.

History

• History: 1984 AACS; 2018 AACS.
• History: 1984 AACS; 2018 AACS.
• History: 1984 AACS; 2018 AACS.
• History: 1984 AACS; 2018 AACS.
• History: 1984 AACS; 2018 AACS.

Mich. Admin. Code R 460.19233 Rescinded {#sec-r-460.19233 omnilex-key=us-mi-regs-official--dept-state-police--R 460.19233}

R 460.19234. Rules and regulations.

Rule 1234. All rules and regulations that affect to any degree the transportation service or charge, or both, shall be shown in the tariff in explicit terms. The title of each rule and regulation shall be shown in bold type and the items in which each rule and regulation are published shall be numbered in ascending order, numbered consecutively or by increments; for example, item 5, 10, 15.

R 460.19235. Rates and charges.

Rule 1235. (1) Rates or charges, or both, shall be shown in a plain, clear, and concise manner.

(2) Rates may be named in cents or in dollars and cents per 100 pounds, per ton, per mile, per 100 gallons, per hour, per trip, or other defined measure.

(3) Where rates are in stated amounts per package or bundle, definite specifications of a package or bundle shall be shown.

(4) Rates are not to be published by rule, except upon special permission of the department.

(5) When a minimum weight is applicable or used in connection with a rate or rates, the minimum weight provision or rule shall be specifically stated in the tariff or specific reference shall be given to the tariff identification designation that contains the minimum weight, rules, and regulations.

(6) Ambiguous or misleading tariff plans or terms are not acceptable and are cause for rejection.

(7) All rates and charges applicable to the transportation of household goods shall be shown.

(8) Tariffs containing tables of rates based on the distance from point of origin to destination shall show the mileages, or acceptable substitute for mileages, for example, rate base numbers, and provide a definite method by which the distance shall be determined.

(9) Tariffs of more than 10 pages shall contain a complete index, together with reference to the item, note, rule, or section, and the page number where located.

(10) A conversion-type table or master tariff may be filed to any tariff to provide a general change in the level of all or substantially all of the rates or charges or all or substantially all of the rates or charges in a described category. Only 1 conversion may be in effect at one time and shall be filed with an expiration date not to exceed 12 months from the effective date. The conversion table or master tariff shall employ the columnar form of publication, naming each base rate or charge to be increased or reduced and, in direct connection therewith, the resulting applicable rate or charge. The supplement or conversion table shall be clear, explicit, and in simple terms and shall be free of conflict and ambiguity. If the conversion table or master tariff does not include all the tariff rates and charges to be changed, it shall provide a percentage formula or other basis for converting rates and charges which are higher than those shown or otherwise not shown in the conversion table or master tariff and shall provide a method of disposing of resulting fractions.

R 460.19236. Loose-leaf tariffs.

Rule 1236. Loose-leaf tariffs may also be filed with the department, as set forth in R 460.19247, subject to the following special requirements:

(a) Pages of loose-leaf tariffs may be printed on 1 side or on both sides of the page and shall be consecutively numbered and designated as "original title page,"

"original page 1," "original page 2," and consecutively numbered thereafter.

(b) Every page shall show at the top the name of the issuing motor carrier or carriers of household goods, or agent, the page number, and the tariff identification designation. The bottom of the page must show the date of issue, the effective date, and the name, title, and address of the issuing officer or agent.

R 460.19237. Ruling of tables.

Rule 1237. When tables of rates, rate base numbers, charges, or numerals or letters for other purposes are used, the pages shall be vertically ruled in columns of sufficient width to accommodate the matter to be shown, including reference marks, without crowding, or shall show equivalent blank spaces. At least 1 blank space or a ruled line shall appear after every sixth horizontal line of printed matter.

R 460.19238. Conflicting rates.

Rule 1238. Carriers shall not publish tariffs containing a rate or rates, rules, or regulations that duplicate or conflict with any other rate or rates, rules, or regulations published in the same or any other tariff on file with the department.

R 460.19239. Explanation of abbreviations or symbols.

Rule 1239. An explanation of all abbreviations, symbols, reference marks, and explanatory statements used in tariffs shall be in clear and explicit terms regarding the rates and rules contained in the tariff as may be necessary to remove all doubt as to their proper application (see R 460.19247(8)) and shall be the last information shown in the tariff. The other pages of the tariff shall indicate the item or page number, or both, where the explanation of abbreviations will be found.

R 460.19240. Pick-up and delivery service.

Rule 1240. It is to be understood that all rates include pick-up and delivery service. When an additional charge is made for the service, the charge shall be stated in the tariff or reference shall be made by the number to the tariff identification designation where the charges can be found.

History

• History: 1984 AACS; 2018 AACS.
• History: 1984 AACS; 1988 AACS; 2018 AACS.
• History: 1984 AACS; 2018 AACS.
• History: 1984 AACS; 2018 AACS.
• History: 1984 AACS; 2018 AACS.
• History: 1984 AACS; 2018 AACS.
• History: 1984 AACS; 2018 AACS.
• History: 1984 AACS; 2018 AACS.

Mich. Admin. Code R 460.19241 Rescinded {#sec-r-460.19241 omnilex-key=us-mi-regs-official--dept-state-police--R 460.19241}

History

• History: 1984 AACS; 2018 AACS.

Mich. Admin. Code R 460.19242 Rescinded {#sec-r-460.19242 omnilex-key=us-mi-regs-official--dept-state-police--R 460.19242}

R 460.19243. Shipping documents.

Rule 1243. A shipper shall file a document at a motor carrier of household goods' place of business containing not less than the following information in connection with each shipment transported:

(a) Name of carrier.

(b) Name of shipper and point of origin.

(c) Name of consignee and destination.

(d) Shipper's number.

(e) Date of shipment.

(f) Quantity.

(g) Description of article.

(h) Weight.

(i) Rates and charges.

(j) Shipment prepaid or collect.

History

• History: 1984 AACS; 2018 AACS.
• History: 1984 AACS; 2018 AACS.

Mich. Admin. Code R 460.19244 Rescinded {#sec-r-460.19244 omnilex-key=us-mi-regs-official--dept-state-police--R 460.19244}

R 460.19245. Filing tariffs and supplements.

Rule 1245. (1) 1 copy of every tariff, classification, supplement, or other filing by the motor carrier of household goods shall be filed with the department, unless additional copies are requested.

(2) All tariff, classification, supplement, or other filings with the department shall be accompanied by a transmittal letter listing the documents being filed.

(3) All transmittal letters shall also provide as follows:

(a) A brief explanation of the changes being made in each of the filings, for example, naming increases, naming reductions, or reissue without change in rates, as applicable.

(b) That the filing contains provisions that are being brought forward from previous filings to the same tariff, without change, for example, reissued matter, when applicable.

(c) If a receipted copy of the transmittal letter is desired, the phrase "receipted copy requested" shall be shown on the face of the original and a self-addressed, stamped envelope shall be enclosed.

(4) Every tariff or supplement or loose-leaf revised page shall be filed electronically with the department on statutory notice before the effective date shown on the title page, except as otherwise provided in R 460.19248.

(5) A tariff or supplement issued by the motor carrier or carriers of household goods without the statutory notice, may be returned as rejected by the department, or a carrier may be given the opportunity to comply with the statutory notice requirement by extending the effective date of the tariff or supplement. Except as otherwise provided in this rule, when a tariff or supplement is issued and the department is not given statutory notice, it is as if it had not been issued. If the tariff or supplement is re-issued, the departmental shall give statutory notice.

(6) Notwithstanding other subrules of this rule, when temporary authority is granted by the department, the tariff may be filed on 5 days' notice, or less than 5 days with the approval of the department. The tariff filing shall show the following statement on the title page or in the tariff publication: "Issued on _____ days' notice. Authority of CVED Rule 1245(6)."

(7) When a tariff filing is rejected, the department shall give written reasons for the rejection.

R 460.19246. Posting tariffs.

Rule 1246. (1) Under the act, a motor carrier of household goods is required to keep open to public inspection in its principal place of business, and have available upon request, schedules, tariffs, and supplements showing all rates and charges for the transportation of household goods and all other tariffs to which the carrier is a participating carrier.

(2) The schedules, tariffs, and supplements shall be complete, accessible, and in usable form and shall be available for inspection during the ordinary business hours of the carrier. Employees of the carrier shall, with reasonable promptness, provide any requested information contained in the tariffs, assist those seeking information from the tariffs, and afford inquirers an opportunity to examine the tariffs without requiring or requesting the inquirer to give a reason for seeking the opportunity.

(3) Each tariff publication shall be posted continuously for not less than 25 days before the effective date of a 30-day tariff filing, or at least 1 day before a filing made on less than 30-days' notice.

R 460.19247. Reissuing, canceling, or changing tariffs or supplements.

Rule 1247. (1) The department may require the reissuance of any tariff or supplement at any time, citing, in writing, the reasons for the request.

(2) When a tariff is reissued, the new tariff shall cancel the old tariff; for example, "Tariff Identification Designation No. 2 cancels Tariff Identification Designation No. 1."

This information is to be placed in the top part of the title page of the new tariff.

(3) Tariff amendments shall be filed on statutory notice, except as otherwise provided in R 460.19248.

(4) Any change, including additions, to a tariff shall be made by reissuing the tariff or by issuance of a supplement to the tariff. Such supplements shall be numbered consecutively starting with No. 1, for example, "Supplement No. 1 to (here show the tariff identification designation)," and shown at the top of the page.

(5) A supplement canceling a previous supplement to the same tariff shall be accomplished as follows: "Supplement No. ______ cancels Supplement No(s). ______."

This information, together with the numbers of those supplements in effect on the effective date of the supplement, shall be shown in the upper portion of the title page.

Supplements of a special kind; for example, suspension, postponement, and blanket increase, shall be indicated as such on the title page.

(6) Except as otherwise authorized in subrule (7) of this rule, an item or any other unit, numbered or unnumbered, amended by a supplement shall be published in that supplement in its entirety as amended. The item, or other unit, shall be assigned numbers, and changes to or cancellation of it shall be under the same item, or other unit, number with letter suffix. For example: item 40-A cancels item 40; item 40-B cancels item 40-A, and so forth. Specific cancellation of items may be omitted if the tariff provides a rule as follows: A numbered item with a suffix shown in a supplement shall cancel, except as otherwise specifically provided, previous items bearing the same number found in the tariff or prior supplements. Letter suffixes shall be applied beginning with the letter A.

For example, item 300-A shall cancel item 300, but only item 300-A need be shown. Item 300-B shall cancel item 300-A, but only item 300-B need be shown.

(7) All of the following provisions apply to loose-leaf tariffs:

(a) When a revised title page is issued the following notation shall be shown in connection with the effective date: "Original effective date ______ (here show effective date of the original tariff)."

(b) If, because of an expansion of the matter on any page, it becomes necessary to add an additional page, the additional page shall be given the same number with a letter suffix; for example, "original page 4-a," "original page 4-b," and so forth. If it becomes necessary to change the matter on "original page 4-a," it may be done by issuing "1st revised page 4-a," which shall provide for the cancellation of "original page 4-a."

(c) Unless otherwise authorized, amendment of a page must be made by reprinting the page and showing a revision number. The revision numbers must be used in consecutive numerical order beginning with "1st Revised Page." A revised page cancels any uncanceled, revised, or original pages that bear the same page number.

(8) All tariffs, supplements, and revised pages shall indicate changes from preceding issues by the use of the following symbols:

(A) to denote increases (C) to denote changes, the result of which is neither an increase nor a reduction (E) to denote elimination (N) to denote new; for example, not previously shown in the tariff being amended or reissued (R) to denote reductions (9) When a tariff is canceled in whole or in part by a supplement, the supplement shall show where in the future the rates will be found or what rates will apply. When a tariff is canceled by another tariff that does not contain all of the rates shown in the tariff to be canceled, the canceling tariff shall show where the uncanceled rates will be found or what rates will apply.

For example:

"Rates in ______ Tariff Identification Designation No. ____________ will apply," or, "class rates will apply," or "combination rates will apply."

R 460.19248. Filing tariffs on less than statutory notice.

Rule 1248. (1) The department may authorize the filing of tariffs or supplements upon less than statutory notice in its discretion and for good cause shown. An original of the proposed tariff or supplement and a request for permission to publish, post, and file tariffs on less than the statutory notice, or for waiver of the provisions of these rules, shall be submitted specifying facts which present special circumstances and conditions justifying the request. The request shall bear the signature of an authorized officer or employee or duly authorized attorney or tariff publishing agent. (2) Tariffs or supplements containing provisions that are being published under an authorization by special permission of the department shall show the following: "Issued on ______ days' notice under special permission of the Michigan Department of State Police, Tariff Identification Designation No. ______ dated _______."

(3) For tariffs and supplements issued under special permission of the department, exact compliance with the requirements for notice specified in the permission is required.

History

• History: 1984 AACS; 2018 AACS.
• History: 1984 AACS; 2018 AACS.
• History: 1984 AACS; 1988 AACS; 2018 AACS.
• History: 1984 AACS; 1988 AACS; 2018 AACS.
• History: 1984 AACS; 1988 AACS; 2018 AACS.

Mich. Admin. Code R 460.19249 Rescinded {#sec-r-460.19249 omnilex-key=us-mi-regs-official--dept-state-police--R 460.19249}

R 460.19250. Tariffs filed by agents.

Rule 1250. (1) A motor carrier of household goods that has secured an authority to operate from the department may issue and file its tariffs naming rates, rules, and regulations, individually or collectively, as set forth in the act and in these rules. In either instance, the rules prescribed in this part govern the construction and filing of those tariffs.

(2) Agency tariffs, whether issued under the name of an association by its agent or under the name of the agent alone, shall bear the tariff identification designation number of the agent or association and shall show the names of all carriers participating in the tariffs and the CVED number under which the carriers operate, alphabetically arranged directly after the title page. However, if there are no more than 3 participating carriers, their names may be shown on the title page of the tariff.

(3) Supplements that contain either a list of carriers participating in the supplement or that state that the list of participating carriers is as shown in the tariff with certain exceptions, shall show alphabetically all additions to, and eliminations from, the original list that are to be affected by the supplement or that have been affected by previous supplements.

(4) The agent or carrier that issues a joint tariff publication shall send copies to every carrier that is named as a party.

History

• History: 1984 AACS; 2018 AACS.
• History: 1984 AACS; 1988 AACS; 2018 AACS.

Mich. Admin. Code R 460.19251 Rescinded {#sec-r-460.19251 omnilex-key=us-mi-regs-official--dept-state-police--R 460.19251}

R 460.19252. Suspension of rates, charge, rule, or regulation by the department.

Rule 1252. (1) If the department suspends the effective date of any rate, charge, rule, or regulation, it is unlawful for any motor carrier of household goods to use the rate, charge, rule, or regulation until the suspension has expired or, by department action, until authority has been granted lifting the suspension.

(2) Upon receipt of a notice suspending the effective date of any publication in part or in its entirety, the carrier or agent who issued the publication shall immediately file with the department and post, in accordance with R 460.19246, a consecutively numbered supplement, bearing no effective date, that contains notice of the suspension.

(3) The supplement shall give specific reference to the tariff identification designation or designations of the tariffs, supplements thereof, or revised pages, in which will be found rates, charges, classifications, rules, and provisions with respect to practices to be continued in effect.

(4) The supplement shall quote the portion of the notice that describes the suspended matter contained in the publication, the date of the suspension, and state that all other matter not suspended remains in effect during the period of suspension.

R 460.19253. Violation of act.

Rule 1253. The act affirmatively imposes upon each carrier the duty of filing with the department all of its tariffs and amendments thereto, as prescribed in the act, or in any rule relative thereto which may be announced by the department, under penalty for failure to do so, and prohibits the use of any rate which is not contained in the carrier's lawfully published and filed tariffs. The fact that receipt of a tariff, or supplement thereto, is acknowledged by the department, or the fact that a tariff, or a supplement thereto, is in the files of the department, will not serve to excuse the carrier from responsibility or liability for any violation of the act, or any ruling lawfully made, which may have occurred in connection with the construction or filing of the tariff or supplement.

PART 13. FORMS

History

• History: 1984 AACS; 2018 AACS.
• History: 1984 AACS; 2018 AACS.
• History: 1984 AACS; 2018 AACS.

Mich. Admin. Code R 460.19301 Rescinded {#sec-r-460.19301 omnilex-key=us-mi-regs-official--dept-state-police--R 460.19301}

History

• History: 1984 AACS; 1988 AACS; 2018 AACS.