reglab/statecodes huggingface dataset:
Michigan Administrative Code › Department - State › Vehicles & Watercraft › Watercraft Titling › Section R. 281.2211 - Certificate of title; issuance; bond

Current through Vol. 24-12, July 15, 2024
Rule 11.
(1) If the
				secretary of state is not satisfied as to the ownership of a watercraft upon
				application for a certificate of title, the secretary of state may require the
				applicant to file a properly executed surety bond issued by a company
				authorized to conduct a surety business in this state. The bond shall be in an
				amount equal to twice the value of the watercraft as determined by the
				secretary of state and shall be conditioned to indemnify and reimburse the
				secretary of state, prior owners, and subsequent purchasers of the watercraft
				and their successors in interest for expenses or damages incurred, including
				reasonable attorney fees, on issuance of a certificate of title to the
				watercraft. An interested person has a right of action for recovery on the bond
				for breach of its conditions, but the aggregate liability of the surety to all
				persons shall not exceed the amount of the bond. The bond shall be returned at
				the end of 3 years.
(2) Upon
				receipt of the surety bond, the secretary of state shall issue a certificate of
				title to the applicant.
Michigan Administrative Code › Department - State › Vehicles & Watercraft › Watercraft Titling › Section R. 281.2212 - Certificate of title; improper issuance

Current through Vol. 24-12, July 15, 2024
Rule 12. A certificate of title shall be deemed improperly
				  issued when any 1 of the following exists:
(a) A misstatement or inaccuracy appears on
				the face of the certificate of title.
(b) The applicant for the certificate of
				title uses a false or fictitious name, indicates a false or fictitious address,
				or makes a false statement in an application, affidavit, or other document
				submitted to the secretary of state in connection with the application for the
				certificate of title.
(c) The
				certificate of title is issued to the wrong person or to a person who is not
				legally entitled to receive it.
Michigan Administrative Code › Department - State › Vehicles & Watercraft › Watercraft Titling › Section R. 281.2213 - Certificate of title; surrender; destruction

Current through Vol. 24-12, July 15, 2024
Rule 13.
(1) The
				secretary of state shall take possession of a certificate of title that is
				issued or purportedly issued under this act when the certificate is counterfeit
				or fictitious, when it has been improperly issued, or when it has been
				cancelled. The secretary of state may destroy a faulty, fictitious, defective,
				or cancelled certificate of title upon its receipt.
(2) The holder of a certificate of title to a
				watercraft which has been transferred by operation of law, as upon inheritance,
				devise, bequest, order in bankruptcy, insolvency, replevin, or execution of
				sale, which is sold to satisfy storage or repair charges, or which is
				repossessed upon default in the performance of the terms of a security
				agreement shall mail or deliver the certificate to the secretary of state upon
				request.
(3) The holder of a
				certificate of title to a watercraft may, if the holder voluntarily subjected
				the watercraft to the provisions of the act, return the certificate of title to
				the secretary of state for cancellation. A voluntary request for cancellation
				of title shall be accompanied by a certified statement indicating that
				creditors do not exist. If creditors do exist, the voluntary request for
				cancellation shall be accompanied by an original discharge or termination
				statement executed by each creditor.
Michigan Administrative Code › Department - State › Vehicles & Watercraft › Watercraft Titling › Section R. 281.2214 - Certificate of title; delivery to designated person

Current through Vol. 24-12, July 15, 2024
Rule 14. Upon issuance by the secretary of state, a
				  certificate of title shall be delivered or mailed to the owner or to another
				  person designated by the owner to receive the certificate. Designation shall be
				  by separate instrument in a form prescribed by the secretary of
				  state.
Michigan Administrative Code › Department - State › Vehicles & Watercraft › Watercraft Titling › Section R. 281.2215 - Certificate of title; change of name

Current through Vol. 24-12, July 15, 2024
Rule 15.
(1) The
				holder of a certificate of title, within 15 days after a change of name, shall
				do all of the following:
(a) Notify the
				secretary of state of the change.
(b) File an application for title reflecting
				the change.
(c) Submit the fee
				prescribed in section 10 of the act.
(d) Surrender the previously issued
				certificate of title.
Michigan Administrative Code › Department - State › Vehicles & Watercraft › Watercraft Titling › Section R. 281.2216 - Security interest; notation on application for title

Current through Vol. 24-12, July 15, 2024
Rule 16.
(1) When a
				security interest is created or assigned, the owner, secured party, or dealer
				may present the following materials to the secretary of state:
(a) A properly completed application for
				certificate of title.
(b) The fee
				prescribed by section 10 of the act.
(c) The current certificate of title to the
				watercraft.
(d) A copy of the
				application, which need not be signed or notarized.
Michigan Administrative Code › Department - State › Vehicles & Watercraft › Watercraft Titling › Section R. 281.2217 - Security interest; retention of records

Current through Vol. 24-12, July 15, 2024
Rule 17. The owner of a watercraft or a secured party may
				  extend the term during which records of a title and notations of security
				  interests are retained by the secretary of state for additional 10-year
				  periods. A request for extension shall be made in an application for a
				  certificate of title which is accompanied by the fee prescribed in section 10
				  of the act.
Michigan Administrative Code › Department - State › Vehicles & Watercraft › Watercraft Titling › Section R. 281.2218 - Security interest; enforcement

Current through Vol. 24-12, July 15, 2024
Rule 18. If the interest of the owner of a watercraft is
				  terminated by enforcement of a security agreement, the transferee shall file
				  all of the following items with the secretary of state:
(a) The certificate of title, if in
				possession.
(b) An application for
				a new certificate of title.
(c) An
				affidavit which indicates that the watercraft was repossessed, that the
				interest of the owner was terminated by enforcement of the security agreement,
				and whether the outstanding certificate of title has been filed, or if not
				filed, the reasons why not, and the location of the certificate of title, if
				known.
Michigan Administrative Code › Department - State › Vehicles & Watercraft › Watercraft Titling › Section R. 281.2219 - Commercial look up service

Current through Vol. 24-12, July 15, 2024
Rule 19.
(1) The
				secretary of state shall look up watercraft title records for a fee. The fee
				for this research service shall be provided by statute.
(2) A copy of a record looked up pursuant to
				subrule (1) of this rule shall be certified upon request for $1.00.
Michigan Administrative Code › Department - State Police › Criminal Justice Information Center › Criminal Justice Information Systems › Part 1 - GENERAL PROVISIONS › Section R. 28.5101 - Definitions

Current through Vol. 24-12, July 15, 2024
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.
Michigan Administrative Code › Department - State Police › Criminal Justice Information Center › Criminal Justice Information Systems › Part 1 - GENERAL PROVISIONS › Section R. 28.5102 - Noncriminal justice agency access to certain CJI for noncriminal justice purposes

Current through Vol. 24-12, July 15, 2024
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.
Michigan Administrative Code › Department - State Police › Criminal Justice Information Center › Criminal Justice Information Systems › Part 2 - ACCESS, ELIGIBILITY, AND DATA DISSEMINATION PROVISIONS › Section R. 28.5201 - Agency authorization for CJIS and CJI access

Current through Vol. 24-12, July 15, 2024
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.
Michigan Administrative Code › Department - State Police › Criminal Justice Information Center › Criminal Justice Information Systems › Part 2 - ACCESS, ELIGIBILITY, AND DATA DISSEMINATION PROVISIONS › Section R. 28.5202 - CJIS or CJI access; deny, limit, or terminate

Current through Vol. 24-12, July 15, 2024
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.
Michigan Administrative Code › Department - State Police › Criminal Justice Information Center › Criminal Justice Information Systems › Part 2 - ACCESS, ELIGIBILITY, AND DATA DISSEMINATION PROVISIONS › Section R. 28.5208 - CJIS and CJI access and dissemination

Current through Vol. 24-12, July 15, 2024
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.
Michigan Administrative Code › Department - State Police › Criminal Justice Information Center › Criminal Justice Information Systems › Part 2 - ACCESS, ELIGIBILITY, AND DATA DISSEMINATION PROVISIONS › Section R. 28.5209 - Transaction Logs; release

Current through Vol. 24-12, July 15, 2024
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.
Michigan Administrative Code › Department - State Police › Criminal Justice Information Center › Criminal Justice Information Systems › Part 2 - ACCESS, ELIGIBILITY, AND DATA DISSEMINATION PROVISIONS › Section R. 28.5210 - Department release of CJI for certain research, statistical, or governmental projects

Current through Vol. 24-12, July 15, 2024
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.
Michigan Administrative Code › Department - State Police › Criminal Justice Information Center › Criminal Justice Information Systems › Part 2 - ACCESS, ELIGIBILITY, AND DATA DISSEMINATION PROVISIONS › Section R. 28.5211 - Dissemination of CJI for certain mass casualty, catastrophic, or unforeseen events

Current through Vol. 24-12, July 15, 2024
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.
Michigan Administrative Code › Department - State Police › Criminal Justice Information Center › Criminal Justice Information Systems › Part 4 - RECORDS › Section R. 28.5401 - Records responsibility

Current through Vol. 24-12, July 15, 2024
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.
Michigan Administrative Code › Department - State Police › Criminal Justice Information Center › Criminal Justice Information Systems › Part 4 - RECORDS › Section R. 28.5402 - Timely entry and removal of records

Current through Vol. 24-12, July 15, 2024
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.
Michigan Administrative Code › Department - State Police › Criminal Justice Information Center › Criminal Justice Information Systems › Part 4 - RECORDS › Section R. 28.5414 - Fees for access to information from CJIS

Current through Vol. 24-12, July 15, 2024
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.
Michigan Administrative Code › Department - State Police › Emergency Management and Homeland Security Division › Emergency Management Training › Section R. 30.31 - Definitions

Current through Vol. 24-12, July 15, 2024
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.
Michigan Administrative Code › Department - State Police › Emergency Management and Homeland Security Division › Emergency Management Training › Section R. 30.32 - Training manual

Current through Vol. 24-12, July 15, 2024
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.
Michigan Administrative Code › Department - State Police › Emergency Management and Homeland Security Division › Emergency Management Training › Section R. 30.33 - Use of title "professional emergency manager."

Current through Vol. 24-12, July 15, 2024
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.
Michigan Administrative Code › Department - State Police › Emergency Management and Homeland Security Division › Emergency Management Training › Section R. 30.34 - Advisory board

Current through Vol. 24-12, July 15, 2024
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.
Michigan Administrative Code › Department - State Police › Emergency Management and Homeland Security Division › State Assistance to Counties and Municipalities › Section R. 30.51 - Definitions

Current through Vol. 24-12, July 15, 2024
. 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.
Michigan Administrative Code › Department - State Police › Emergency Management and Homeland Security Division › State Assistance to Counties and Municipalities › Section R. 30.52 - Emergency operations plan standards

Current through Vol. 24-12, July 15, 2024
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.
Michigan Administrative Code › Department - State Police › Emergency Management and Homeland Security Division › State Assistance to Counties and Municipalities › Section R. 30.53 - Assistance eligibility

Current through Vol. 24-12, July 15, 2024
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.
Michigan Administrative Code › Department - State Police › Emergency Management and Homeland Security Division › State Assistance to Counties and Municipalities › Section R. 30.54 - Application process

Current through Vol. 24-12, July 15, 2024
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.
Michigan Administrative Code › Department - State Police › Emergency Management and Homeland Security Division › State Assistance to Counties and Municipalities › Section R. 30.55 - Review process

Current through Vol. 24-12, July 15, 2024
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.
Michigan Administrative Code › Department - State Police › Emergency Management and Homeland Security Division › State Assistance to Counties and Municipalities › Section R. 30.56 - Allowable expenditures

Current through Vol. 24-12, July 15, 2024
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.
Michigan Administrative Code › Department - State Police › Emergency Management and Homeland Security Division › State Assistance to Counties and Municipalities › Section R. 30.57 - Substantiation of claims

Current through Vol. 24-12, July 15, 2024
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.
Michigan Administrative Code › Department - State Police › Emergency Management and Homeland Security Division › State Assistance to Counties and Municipalities › Section R. 30.58 - Assistance to applicants

Current through Vol. 24-12, July 15, 2024
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.
Michigan Administrative Code › Department - State Police › Emergency Management and Homeland Security Division › State Assistance to Counties and Municipalities › Section R. 30.60 - Assistance payment

Current through Vol. 24-12, July 15, 2024
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.
Michigan Administrative Code › Department - State Police › Emergency Management and Homeland Security Division › State Assistance to Counties and Municipalities › Section R. 30.61 - Rescission

Current through Vol. 24-12, July 15, 2024
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.
Michigan Administrative Code › Department - State Police › Forensic Science Division › DNA Profiling System › Section R. 28.5051 - Definitions

Current through Vol. 24-12, July 15, 2024
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.
Michigan Administrative Code › Department - State Police › Forensic Science Division › DNA Profiling System › Section R. 28.5052 - Applicability

Current through Vol. 24-12, July 15, 2024
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.
Michigan Administrative Code › Department - State Police › Forensic Science Division › DNA Profiling System › Section R. 28.5054 - Procedures for sample collection

Current through Vol. 24-12, July 15, 2024
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.
Michigan Administrative Code › Department - State Police › Forensic Science Division › DNA Profiling System › Section R. 28.5055 - Profile record storage and access

Current through Vol. 24-12, July 15, 2024
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.
Michigan Administrative Code › Department - State Police › Forensic Science Division › DNA Profiling System › Section R. 28.5058 - Disposal of samples and profiles

Current through Vol. 24-12, July 15, 2024
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).
Michigan Administrative Code › Department - State Police › Forensic Science Division › Alcohol and Drug Testing of Biological and Nonbiological Specimens › Section R. 325.2671 - "Control sample" defined

Current through Vol. 24-12, July 15, 2024
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.
Michigan Administrative Code › Department - State Police › Forensic Science Division › Alcohol and Drug Testing of Biological and Nonbiological Specimens › Section R. 325.2672 - Tests; application; expression of results; filing

Current through Vol. 24-12, July 15, 2024
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.
Michigan Administrative Code › Department - State Police › Forensic Science Division › Alcohol and Drug Testing of Biological and Nonbiological Specimens › Section R. 325.2673 - Acceptable analytical methods

Current through Vol. 24-12, July 15, 2024
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.
Michigan Administrative Code › Department - State Police › Forensic Science Division › Alcohol and Drug Testing of Biological and Nonbiological Specimens › Section R. 325.2674 - Calibration

Current through Vol. 24-12, July 15, 2024
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.
Michigan Administrative Code › Department - State Police › Forensic Science Division › Alcohol and Drug Testing of Biological and Nonbiological Specimens › Section R. 325.2675 - Collecting and handling antemortem blood and urine samples

Current through Vol. 24-12, July 15, 2024
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.
Michigan Administrative Code › Department - State Police › Michigan Commission on Law Enforcement Standards (MCOLES) › Justice Training Fund Programs › Section R. 18.14901 - Definitions

Current through Vol. 24-12, July 15, 2024
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.
Michigan Administrative Code › Department - State Police › Michigan Commission on Law Enforcement Standards (MCOLES) › Justice Training Fund Programs › Section R. 18.14902 - Distribution of 60% of fund

Current through Vol. 24-12, July 15, 2024
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.