reglab/statecodes huggingface dataset:
Michigan Administrative Code › Department - State › Driver Licensing › Driver License General Rules › Section R. 257.313a - Breath alcohol ignition interlock devices (BAIID)

Current through Vol. 24-12, July 15, 2024
Rule 13a.
(1) If a
				person whose license was denied or revoked under section 303(2)(c) or (g) of
				the act, or denied or revoked under section 303(2)(d) of the act for 1
				conviction for a violation or attempted violation of section 625(4) or 625(5),
				or any prior or subsequent enactment of those provisions, whether under a law
				of this state, a local ordinance substantially corresponding to a law of this
				state, or a law of another state substantially corresponding to a law of this
				state, was granted a restricted license on or before October 1, 1999, and the
				hearing officer continues the restricted license following a hearing held after
				October 1, 1999, then the hearing officer may do both of the following:
(a) Require the installation of a BAIID on
				each motor vehicle the person owns or intends to operate, the costs of which
				shall be borne by the person whose license is restricted.
(b) Condition the issuance of the continued
				restricted license upon verification by the department that a BAIID has been
				installed.
Michigan Administrative Code › Department - State › Driver Licensing › Driver License General Rules › Section R. 257.314 - Recording hearings; transcript or electronic recording medium request; fee; erasing or reprocessing electronic recording medium

Current through Vol. 24-12, July 15, 2024
Rule 14.
(1) The
				hearing officer shall electronically, stenographically, or otherwise record a
				hearing, as determined by the hearing officer or the administrator.
(2) Any person may make a request for a
				transcript, a partial transcript, or a copy of a recording medium. A person
				shall make a request in writing and file it with the division office in Lansing
				within 63 days after the date of the hearing officer's decision or within 182
				days after the date of the hearing officer's decision if the court extends the
				period for filing a petition for review of the determination under section
				323(1) of the act.
(3) A request
				filed under subrule (2) of this rule shall include all of the following
				information:
(a) The hearing date and
				location.
(b) The petitioner's full
				name, birth date, and, if known, driver license number.
(c) The case number assigned to the matter by
				the division.
Michigan Administrative Code › Department - State › Driver Licensing › Driver License General Rules › Section R. 257.315 - Reconsideration; rehearing

Current through Vol. 24-12, July 15, 2024
Rule 15.
(1) On
				written motion of a party, reconsideration of a matter or a rehearing may be
				granted by the administrator or the hearing officer for any of the following
				reasons:
(a) Newly discovered, material
				evidence that could not, with reasonable diligence, have been discovered before
				the hearing and produced at that time.
(b) An error of law that occurs at the
				hearing.
(c) A material mistake of
				fact by the hearing officer.
Michigan Administrative Code › Department - State › Driver Licensing › Physical and Mental Standards for Drivers › Section R. 257.851 - Definitions

Current through Vol. 24-12, July 15, 2024
Rule 1.
(1) As used
				in these rules:
(a) "Act" means Act No. 300 of
				the Public Acts of 1949, as amended, being S257.1 et seq. of the Michigan
				Compiled Laws.
(b) "Applicant"
				means a person who applies for any of the following:
(i) An operator's license.
(ii) A chauffeur's license.
(iii) A minor's restricted license.
(iv) Any license indorsement.
(c) "Department" means the
				department of state.
(d)
				"Disability" means a reduction in those mental or physical skills which are
				necessary to safely operate a motor vehicle.
(e) "Episode" means any of the following:
(i) A condition which causes or contributes
				to any of the following:
(A) A lapse of
				consciousness.
(B)
				Blackout.
(C) Seizure.
(D) Fainting spell.
(E) Syncope.
(F) Other impairment of the level of
				consciousness.
(ii) A
				condition which causes or contributes to an impairment of an individual's
				driving judgment or reaction time or affects an individual's ability to safely
				operate a motor vehicle.
(iii) A
				condition which causes or contributes to a violent or aggressive action
				relating to the operation of a motor vehicle.
(f) "Licensee" means a person who has been
				issued any of the following:
(i) An operator's
				license.
(ii) A chauffeur's
				license.
(iii) A minor's restricted
				license.
(iv) A temporary
				instruction permit.
(v) A validated
				driver's instruction permit.
(g) "Neuropsychologist" means a psychologist
				who, by nature of training and experience, has developed expertise in the area
				of brain-behavior relationships.
(h) "Physician" means an individual who is
				currently licensed to practice medicine or osteopathic medicine in this or
				another state as provided by statute.
(i) "Psychiatrist" means a physician who, by
				nature of training and experience, has developed expertise in the area of
				psychiatry.
(j) "Psychologist"
				means an individual who is currently licensed to practice psychology in this or
				another state as provided by statute.
(k) "Statement of physical or mental history"
				means a statement from a physician or psychologist, on a form acceptable to the
				department, which contains information about a person's physical or mental
				history or condition as this history or condition relates to the person's
				ability to safely operate a motor vehicle.
Michigan Administrative Code › Department - State › Driver Licensing › Physical and Mental Standards for Drivers › Section R. 257.852 - Health consultants

Current through Vol. 24-12, July 15, 2024
Rule 2.
(1) The
				secretary of state may appoint health consultants. Consultants shall serve
				2-year terms from the date of original appointment. In selecting health
				consultants, the secretary of state shall appoint 1 or more person from each of
				the following categories:
(a) A handicapper
				knowledgeable in the area of functional limitations which may affect the safe
				operation of a motor vehicle.
(b) A
				licensed physical or occupational therapist knowledgeable in the area of
				functional limitations which may affect the safe operation of a motor
				vehicle.
(c) A driver evaluator or
				instructor specializing in driver education of the disabled and adaptive motor
				vehicle equipment instruction.
Michigan Administrative Code › Department - State › Driver Licensing › Physical and Mental Standards for Drivers › Section R. 257.853 - Statement of physical or mental history; refusal to process, or denial of, license application pending receipt and review of statement; submission by licensee at or before reexamination; contents; confidentiality

Current through Vol. 24-12, July 15, 2024
Rule 3.
(1) If the
				department has reason to believe that an applicant has a physical or mental
				disability which affects his or her ability to safely operate a motor vehicle,
				the department shall not process the application until a statement of physical
				or mental history has been received and reviewed.
(2) The application shall be denied if, upon
				review, the statement indicates the person cannot safely operate a motor
				vehicle.
(3) If the department has
				reason to believe that a licensee has a physical or mental disability which
				affects his or her ability to safely operate a motor vehicle, the department
				shall require the licensee to submit a statement of physical or mental history
				at or before a reexamination of the licensee. A license or indorsement may be
				restricted, suspended, or revoked if that action is ordered at a reexamination
				conducted by the department or if the person who completed the statement
				recommends no driving privileges or otherwise indicates the licensee lacks the
				physical or mental ability to safely operate a motor vehicle.
(4) The statement of physical or mental
				history shall include all of the following information with respect to the
				person completing the examination:
(a) Name,
				address, title, and signature.
(b)
				Area or specialty of practice, if any.
(c) The person's professional license number,
				if any, and telephone number.
Michigan Administrative Code › Department - State › Driver Licensing › Physical and Mental Standards for Drivers › Section R. 257.854 - Episodic and other conditions

Current through Vol. 24-12, July 15, 2024
Rule 4.
(1) An
				applicant or licensee who has experienced an episode shall be denied an
				operator's license or chauffeur's license or any indorsement or shall have his
				or her license or indorsement indefinitely suspended after reexamination until
				he or she submits a recent statement of physical or mental history.
(2) For an operator's license or motorcycle
				indorsement, the statement of physical or mental history shall include either
				of the following:
(a) Certification that the
				person's condition is under control by medical or other treatment and that all
				symptoms or conditions which would affect the safe operation of a motor vehicle
				have been corrected, cured, or controlled or have abated for not less than 6
				months.
(b) Certification that the
				person has not had an episode within the previous 6 months.
Michigan Administrative Code › Department - State › Driver Licensing › Physical and Mental Standards for Drivers › Section R. 257.855 - License restrictions

Current through Vol. 24-12, July 15, 2024
Rule 5.
(1) The
				department may require an applicant or licensee who wishes to receive or retain
				an unrestricted license to demonstrate his or her ability to safely operate a
				vehicle.
(2) Notwithstanding any
				other provision of these rules, when an operator's or chauffeur's license or
				any indorsement is issued, restored, or retained, the license or indorsement
				may include reasonable restrictions which are necessary for the safe operation
				of the type of vehicle the person is authorized to operate.
Michigan Administrative Code › Department - State › Driver Licensing › Physical and Mental Standards for Drivers › Section R. 257.857 - Written notice

Current through Vol. 24-12, July 15, 2024
Rule 7. A person who is affected by an action under these
				  rules shall be given written notice of that action by first-class mail. Notice
				  shall be sent to the person at his or her mailing address currently on file
				  with the department or shall be personally served.
Michigan Administrative Code › Department - State › Driver Licensing › Motorcycle Operator Tests › Section R. 257.971 - Definitions

Current through Vol. 24-12, July 15, 2024
Rule 1.
(1) As used
				in these rules:
(a) "Act" means Act No. 300 of
				the Public Acts of 1949, as amended, being S257.1 et seq. of the Michigan
				Compiled Laws.
(b) "Applicant"
				means a person who makes an application for a motorcycle indorsement on an
				operator's or chauffeur's license or on a temporary instruction
				permit.
(c) "Department" means the
				department of state.
(d)
				"Indorsement" means a motorcycle indorsement on an operator's or chauffeur's
				license or temporary instruction permit which is issued pursuant to the
				act.
(e) "Motorcycle" means a motor
				vehicle which has a saddle or seat for the use of a rider and which is designed
				to travel on not more than 3 wheels in contact with the ground. A motorcycle
				does not include a tractor or a moped.
Michigan Administrative Code › Department - State › Driver Licensing › Motorcycle Operator Tests › Section R. 257.972 - Examination for indorsement

Current through Vol. 24-12, July 15, 2024
Rule 2.
(1) An
				applicant shall pass an examination given by the department which is designed
				to test the competency of the applicant to operate a motorcycle on the highways
				of this state in a knowledgeable and safe manner and with safety to himself or
				herself and other persons or property.
(2) The examination shall be in writing or
				oral, at the option of the department, and shall include questions concerning
				all of the following items:
(a) General rules
				of the road.
(b) Specific rules of
				the road as they apply to motorcycles.
(c) Equipment requirements for
				motorcycles.
(d) Safety
				requirements for motorcycles.
(e)
				Safe motorcycle riding techniques, including starting, shifting, braking, and
				turning.
(f) Defensive driving
				techniques for motorcycles, including night driving and operating a motorcycle
				in adverse road or weather conditions.
(g) Emergency situations.
Michigan Administrative Code › Department - State › Driver Licensing › Motorcycle Operator Tests › Section R. 257.973 - Motorcycle operator driving test

Current through Vol. 24-12, July 15, 2024
Rule 3.
(1) An
				applicant for an original Michigan motorcycle indorsement on his or her
				operator's or chauffeur's license who has passed the examination described in
				R
				257.972 and who does not have a valid license or
				indorsement to operate a motorcycle from another state shall pass a motorcycle
				operator driving test given by the department which is designed to measure the
				competency of the applicant to operate a motorcycle on the highways of this
				state with safety to himself or herself and other persons or
				property.
(2) The motorcycle
				operator driving test shall include measures intended to determine the
				following knowledge and skills:
(a) Knowledge
				and proper use of various controls on the motorcycle, including the location
				and operation of all of the following equipment:
(i) Gear selector.
(ii) Clutch.
(iii) Brakes.
(iv) Throttle.
(v) Lights, horn, and turn signals.
(vi) The fuel control valve, if so
				equipped.
Michigan Administrative Code › Department - State › Driver Licensing › Motorcycle Operator Tests › Section R. 257.974 - Failure of examination or motorcycle operator driving test

Current through Vol. 24-12, July 15, 2024
Rule 4. An applicant who fails an examination for indorsement
				  on a motorcycle operator driving test on 2 or more occasions shall take and
				  pass an approved motorcycle safety course conducted pursuant to section 811a of
				  the act before being permitted to take another examination or driving test or
				  being issued a motorcycle indorsement. The applicant shall present the
				  department with a course completion certificate to prove the applicant has
				  taken the course.
Michigan Administrative Code › Department - State › Driver Licensing › Motorcycle Operator Tests › Section R. 257.975 - Development of examinations and tests

Current through Vol. 24-12, July 15, 2024
Rule 5. In developing the examinations and tests required by
				  the act and these rules, the department shall consult with the motorcycle
				  safety foundation or other recognized experts in the areas of testing and
				  motorcycle safety and may also participate in studies, surveys, and other
				  measures designed to promote and improve highway safety.
Michigan Administrative Code › Department - State › Driver Licensing › Breath Alcohol Ignition Interlock Device › Section R. 257.1001 - Definitions

Current through Vol. 24-12, July 15, 2024
Rule 1.
(1) As used
				in these rules:
(a) "Act" means Act No. 300 of
				the Public Acts of 1949, as amended, being S257.1 et seq. of the Michigan
				Compiled Laws.
(b) "Administrator"
				means the secretary of state or an individual designated by the secretary of
				state to act in his or her place.
(c) "BAIID" means a breath alcohol ignition
				interlock device.
(d) "Certified
				BAIID" means a BAIID that has been certified by a department-approved
				laboratory as meeting or exceeding the requirements of section 625k of the
				Act.
Michigan Administrative Code › Department - State › Driver Licensing › Breath Alcohol Ignition Interlock Device › Section R. 257.1003 - Approval of laboratory; termination of approval

Current through Vol. 24-12, July 15, 2024
Rule 3.
(1) The
				administratory may approve a laboratory under section 625k(1) of the act if the
				laboratory certifies, in writing, that it is capable of properly testing a
				BAIID to determine if it meets or exceeds the requirements of section 625k of
				the act and is capable of certifying that the BAIID meets of exceeds the
				requirements of section 625k of the act.
(2) A previously approved laboratory that is
				no longer capable of properly testing or certifying a BAIID shall immediately
				notify the administratory in writing. Upon receipt of notification, the
				administrator shall immediately terminate the approval of the
				laboratory.
Michigan Administrative Code › Department - State › Driver Licensing › Breath Alcohol Ignition Interlock Device › Section R. 257.1004 - Approval and disapproval of BAIDDs; list of manufacturers

Current through Vol. 24-12, July 15, 2024
Rule 4.
(1) A
				manufacturer of a BAIID that wishes to be placed on the list of manufacturers
				of approved certifies BAIIDs shall submit a written request, together with all
				of the information and materials required by the act and rules promulgated to
				implement the act, to the administrator.
(2) A written request that fails to include
				all of the information and materials required by the act and these rules is
				incomplete. The administrator shall return the request to the manufacturer and
				explain, in writing, why the request is incomplete.
(3) The administrator shall approve or
				disapprove a BAIID not later than 60 days after receipt of a complete written
				request.
(4) The administrator
				shall notify a manufacturer whose BAIID is not approved, in writing, of the
				determination and the reason or reasons for the determination.
(5) The administrator shall notify a
				manufacturer whose BAIID is approved, in writing, of the date of
				approval.
(6) The administrator
				shall publish a list of all manufacturers of certified BAIIDs that are approved
				under section 625k of the act. The administrator shall widely disseminate the
				list and shall republish the list as appropriate.
Michigan Administrative Code › Department - State › Driver Licensing › Motorcycle Safety Education › Section R. 257.1702 - Definitions

Current through Vol. 24-12, July 15, 2024
Rule 2. As used in these rules:
(a) "Board" means the state board of
				education.
(b) "Classroom
				instruction" means group instruction in all of the following subject areas:
(i) Traffic citizenship.
(ii) Laws and regulations.
(iii) Characteristics of drivers.
(iv) The role of government in controlling
				traffic and driving practices.
(v)
				Motorcycle use.
(vi) Traffic
				situations and problems.
Michigan Administrative Code › Department - State › Driver Licensing › Motorcycle Safety Education › Section R. 257.1703 - Approval of motorcycle safety education programs; inspection

Current through Vol. 24-12, July 15, 2024
Rule 3.
(1) Written
				approval by the department shall be obtained by all sponsors not less than 30
				days before the commencement of the first session.
(2) The department shall inspect all
				motorcycle safety education programs annually.
Michigan Administrative Code › Department - State › Driver Licensing › Motorcycle Safety Education › Section R. 257.1704 - Withdrawal of program approval; hearing

Current through Vol. 24-12, July 15, 2024
Rule 4. Willful noncompliance with any of these rules shall
				  be considered just cause to discontinue a program that was approved by the
				  department. The department shall grant a hearing to a sponsor whose approval is
				  withdrawn if a request is made within 10 days following receipt of the official
				  notice that approval was withdrawn. The department shall follow the provisions
				  for a prehearing and hearing as required in
				  R
				  257.1710 to
				  R
				  257.1713.
Michigan Administrative Code › Department - State › Driver Licensing › Motorcycle Safety Education › Section R. 257.1706 - Hours of classroom instruction

Current through Vol. 24-12, July 15, 2024
Rule 6.
(1) There
				shall be not less than 7 clock hours of classroom instruction. Not more than 4
				hours of consecutive classroom instruction per day per student shall be
				allowed.
(2) As an alternative, a
				motorcycle safety education sponsor may offer a program of classroom
				instruction that is based on the attainment of competency. A minimum of 3 hours
				of classroom instruction is required to attain educational competency.
				Educational competency shall be based on student performance standards
				established by the national motorcycle safety foundation which are adopted by
				reference in
				R
				257.1717.
(3) Classroom and range riding experience
				shall be integrated and correlated into the curriculum.
Michigan Administrative Code › Department - State › Driver Licensing › Motorcycle Safety Education › Section R. 257.1707 - Riding experience

Current through Vol. 24-12, July 15, 2024
Rule 7.
(1) There
				shall be not less than 8 clock hours per student of range riding experience. An
				additional 2 clock hours of on-street riding experience may be
				provided.
(2) As an alternative, a
				sponsor may offer a riding experience program that is based on the attainment
				of competency. A minimum of 4 hours of riding experience is required to attain
				riding competency. Riding competency shall be based on student performance
				standards that meet the standards established by the national motorcycle safety
				foundation which are adopted by reference in
				R
				257.1717.
(3) Simulator devices shall not be used as a
				substitute for riding experience.
(4) Range riding shall be supervised by a
				certified instructor. The student-instructor ratio shall not be more than 8
				students to 1 instructor.
Michigan Administrative Code › Department - State › Driver Licensing › Motorcycle Safety Education › Section R. 257.1708 - Motorcycle safety education instructor; qualifications

Current through Vol. 24-12, July 15, 2024
Rule 8. A motorcycle safety education instructor shall meet
				  all of the following requirements:
(a)
				Possess a valid operator's license, including an endorsement to operate a
				motorcycle, for a minimum of 1 year.
(b) Be not less than 18 years of
				age.
(c) Have a personal driving
				record with not more than 6 points, as assessed by the secretary of state, for
				moving traffic violations during the 12 consecutive months before making
				application for approval as an instructor.
(d) Have successfully completed a motorcycle
				safety education instructor preparation course which meets the standards
				established by the national motorcycle safety foundation which are adopted by
				reference in
				R
				257.1717.
Michigan Administrative Code › Department - State › Driver Licensing › Motorcycle Safety Education › Section R. 257.1709 - Withdrawal of instructor approval

Current through Vol. 24-12, July 15, 2024
Rule 9. The department shall withdraw an individual's
				  approval to teach motorcycle safety education in either of the following
				  situations:
(a) Notification is
				received from the secretary of state that an approved instructor has
				accumulated 7 or more points within a 1-year period for moving traffic
				violations.
(b) The individual does
				not meet the requirements set forth in
				R 257.1708.
Michigan Administrative Code › Department - State › Driver Licensing › Motorcycle Safety Education › Section R. 257.1710 - Prehearing conference

Current through Vol. 24-12, July 15, 2024
Rule 10.
(1) Before
				withdrawing an instructor's approval to teach motorcycle safety education, the
				department shall cause a copy of the written charges and a notice of
				opportunity to show compliance to be served upon the instructor.
(2) Within 20 days of service of a copy of
				the charges and notice of opportunity to show compliance, the instructor may
				request a prehearing conference to show compliance. The prehearing conference
				shall be conducted by an authorized representative of the department.
(3) After the prehearing conference, the
				department shall take 1 of the following actions:
(a) Make a finding of compliance.
(b) Enter into a written settlement of the
				matter with the instructor without a hearing.
(c) Direct issuance of a hearing
				notice.
Michigan Administrative Code › Department - State › Driver Licensing › Motorcycle Safety Education › Section R. 257.1711 - Notice of hearing; amendment of charges; hearing; failure to attend hearing; settlement

Current through Vol. 24-12, July 15, 2024
Rule 11.
(1) Within
				30 days after service of the notice of opportunity to show compliance, a notice
				of hearing and a copy of the written charges shall be served upon the
				instructor if he or she has not requested a prehearing conference.
(2) After a prehearing conference and a
				decision by the department to proceed to hearing, a notice of hearing and a
				copy of the written charges shall be served upon the instructor within 10
				days.
(3) A hearing shall be
				conducted by a hearing officer designated by the board and shall be conducted
				in compliance with the provisions of sections 71 to 87 of Act No. 306 of the
				Public Acts of 1969, as amended, being SS24.271 to 24.287 of the Michigan
				Compiled Laws.
(4) If the
				instructor fails to attend the hearing, the hearing may proceed and a decision
				may be made in the absence of the instructor.
(5) The instructor and the department may
				agree, in writing, to a settlement of the matter without a hearing.
Michigan Administrative Code › Department - State › Driver Licensing › Motorcycle Safety Education › Section R. 257.1712 - Notice to withdraw approval

Current through Vol. 24-12, July 15, 2024
Rule 12. The department may withdraw approval for an
				  individual to teach motorcycle safety education in this state. The department
				  shall notify, in writing, the sponsor and the instructor that approval of the
				  individual to teach is withdrawn.
Michigan Administrative Code › Department - State › Driver Licensing › Motorcycle Safety Education › Section R. 257.1713 - Reinstatement of approval

Current through Vol. 24-12, July 15, 2024
Rule 13. After approval to teach motorcycle safety education
				  has been withdrawn for a period of 12 or more months, the department may
				  reinstate approval of an individual to teach motorcycle safety education in
				  this state if both of the following conditions apply:
(a) Application for reinstatement of approval
				status is made.
(b) The individual
				for whom reinstatement of approval is requested meets the existing criteria for
				approval under
				R 257.1708.
Michigan Administrative Code › Department - State › Driver Licensing › Motorcycle Safety Education › Section R. 257.1715 - Certificates

Current through Vol. 24-12, July 15, 2024
Rule 15. A student who passes an approved motorcycle safety
				  education course shall be granted a Michigan motorcycle safety education
				  certificate approved by the board as official proof of having successfully
				  completed the course. The department shall provide the official motorcycle
				  safety education certificates.
Michigan Administrative Code › Department - State › Driver Licensing › Motorcycle Safety Education › Section R. 257.1717 - Standards

Current through Vol. 24-12, July 15, 2024
Rule 17. The national motorcycle safety foundation standards
				  entitled "Motorcycle Rider Course", January, 1989, are adopted by reference in
				  these rules. Copies of the standards may be obtained from the Motorcycle Safety
				  Foundation, 2 Jenner Street, Suite 150, Irvine, California 92718-3800, at a
				  cost of $35.00 as of the time these rules are adopted Copies are also available
				  for inspection and distribution to the public at cost from the Michigan
				  Department of Education, P.O. Box 30008, Lansing, Michigan
				  48909.
Michigan Administrative Code › Department - State › Driver Licensing › Motorcycle Safety Education › Section R. 257.1722 - Funding formula for a governmental agency sponsor; fees; prohibition of fees

Current through Vol. 24-12, July 15, 2024
Rule 22.
(1) A
				governmental agency sponsor shall submit an annual motorcycle safety grant
				application to the department for approval. The sponsor shall be reimbursed for
				reasonable expenditures, including any of the following:
(a) Instructor salaries.
(b) Instructional materials.
(c) Equipment.
(d) Motorcycle insurance.
(e) Other direct costs.
Michigan Administrative Code › Department - State › Driver Licensing › Motorcycle Safety Education › Section R. 257.1723 - Annual report; retention of school records; availability for audit

Current through Vol. 24-12, July 15, 2024
Rule 23. A sponsor of a program shall report annually to the
				  department. The report shall provide complete information as to the number of
				  students who participated in the course, who passed or failed the course, and
				  substantiating information relative to the per pupil program cost. The complete
				  legal names, addresses, and birthdates of students for whom reimbursement is
				  claimed and data substantiating the cost of the program shall be retained by
				  the sponsor for not less than 7 years and shall be available for review for
				  audit purposes.
Michigan Administrative Code › Department - State › Driver Licensing › Motorcycle Safety Education › Section R. 257.1725 - Enterprise standards

Current through Vol. 24-12, July 15, 2024
Rule 25. An enterprise shall meet all the standards required
				  for a sponsor as determined under the provisions of
				  R
				  257.1702 to
				  R
				  257.1721 and
				  R
				  257.1724.
Michigan Administrative Code › Department - State › Driver Licensing › Motorcycle Safety Education › Section R. 257.1727 - Enterprise records and tuition rates

Current through Vol. 24-12, July 15, 2024
Rule 27.
(1)
				Adequate and complete registration, attendance, and achievement records shall
				be kept by an enterprise for each individual student and made available to an
				authorized representative of the department upon request.
(2) Fees or quotations of fees involved in
				the purchase of supplies or equipment by a student shall be recorded separate
				from the tuition fees. Supplies and equipment shall become the property of the
				purchaser on the date of purchase.
(3) Tuition, supplies, and equipment fees
				shall be filed with the department. A subsequent increase in tuition and fees
				shall not be charged to a student for the term or course in which he or she is
				currently enrolled. Advertised rates shall agree with the rates on file with
				the department.
(4) The tuition
				fees and the refund policy of the school shall be clearly stated on the
				registration, enrollment, or contract forms that the student signs.
Michigan Administrative Code › Department - State › Elections & Campaign Finance › Disqualification from Ballot Based Upon Contents of Affidavit of Identity › Section R. 168.1 - Definitions

Current through Vol. 24-12, July 15, 2024
Rule 1. As used in these rules:
(a) "Affidavit of identity" or "affidavit"
				means the filing made pursuant to section
				558 of the Michigan election law,
				1954 PA 116, MCL
				168.558.
(b) "Compliance statement" means the
				statement required by section
				558(4) of the
				Michigan election law, 1954 PA 116, MCL
				168.558, that the candidate does
				not owe any statements, reports, fines, or late filing fees.
(c) "Filing official" means the township,
				city, or county clerk or the secretary of state with which the affidavit of
				identity is filed.
(d) "Notice of
				error or omission" means the notice issued pursuant to section
				16(6) of the
				Michigan campaign finance act, 1976 PA 388, MCL
				169.216.
Michigan Administrative Code › Department - State › Elections & Campaign Finance › Disqualification from Ballot Based Upon Contents of Affidavit of Identity › Section R. 168.2 - Statement on the affidavit of identity regarding compliance with the campaign finance act

Current through Vol. 24-12, July 15, 2024
Rule 2.
(1) For the
				purposes of the candidate's statement that as of the date of the affidavit, all
				statements, reports, late filing fees, and fines required of the candidate or
				any candidate committee organized to support the candidate's election under the
				Michigan campaign finance act, 1976 PA 388, MCL
				169.201 to
				169.282, have been filed or paid,
				an outstanding notice of error or omission is not a statement, report, late
				filing fee, or fine for the purposes of section
				558(4) of the
				Michigan election law, 1954 PA 116, MCL
				168.558. A candidate with an
				outstanding notice of error or omission may be disqualified based on the
				unfiled or unpaid statement, report, late filing fees, or fines upon which the
				notice was based.
(2) When
				submitting an affidavit of identity, the candidate shall disclose every
				jurisdiction in the state of Michigan in which the candidate previously sought
				nomination or election. The candidate is not required to disclose a
				jurisdiction in which the candidate previously sought nomination or election if
				the only offices for which the candidate previously sought nomination or
				election in that jurisdiction are not offices for which candidates are required
				to file campaign finance statements under the Michigan campaign finance act,
				1976 PA 388, MCL
				169.201 to
				169.282. A failure to disclose a
				jurisdiction or jurisdictions in which the candidate previously sought
				nomination or election shall not be a reason to disqualify a candidate from
				appearing on the ballot.
(3) The
				filing official shall examine the campaign finance records of the secretary of
				state and county clerk for any county in which the candidate previously sought
				nomination or election, if applicable, to determine whether the candidate made
				a false statement in the affidavit of identity.
(4) The filing official shall disqualify a
				candidate who falsely states that as of the date he or she signed the affidavit
				of identity, all statements, reports, late filing fees, and fines required of
				the candidate or any candidate committee organized to support the candidate's
				election under the Michigan campaign finance act, 1976 PA 388, MCL
				169.201 to
				169.282, have been filed or paid.
				Candidates disqualified on this basis cannot reverse disqualification by filing
				a corrected affidavit.
(5) A
				candidate who files a statement of organization and does not request a
				reporting waiver is presumed to owe the campaign statement for the reporting
				period that includes the date the candidate committee was formed.
(6) A candidate who, as of the date he or she
				signed the affidavit of identity, has not responded to a notice of error or
				omission shall not be disqualified solely for that reason.
Michigan Administrative Code › Department - State › Elections & Campaign Finance › Disqualification from Ballot Based Upon Contents of Affidavit of Identity › Section R. 168.3 - Other information on the affidavit of identity

Current through Vol. 24-12, July 15, 2024
Rule 3.
(1) Subject
				to subrule (2) of this rule, a candidate who omits information required by
				section 558(2) of the
				Michigan election law, 1954 PA 116, MCL
				168.558, may correct the omission
				by filing a new affidavit of identity up until the filing deadline elapses. The
				filing official shall disqualify a candidate who fails to correct an omission
				by the filing deadline. For purposes of this subrule, omissions include, but
				are not limited to, blanks or incomplete information on the affidavit of
				identity, but do not include omissions on the compliance statement required by
				section 558(4) of the
				Michigan election law, 1954 PA 116, MCL
				168.558.
(2) The filing official shall disqualify a
				candidate who provides false information as of the date the candidate signed
				the affidavit of identity regarding information required by section
				558(2) of the
				Michigan election law, 1954 PA 116, MCL
				168.558. Candidates disqualified
				on this basis cannot reverse disqualification by filing a corrected
				affidavit.
Michigan Administrative Code › Department - State › Elections & Campaign Finance › Disqualification from Ballot Based Upon Contents of Affidavit of Identity › Section R. 168.4 - Date of signing; notarization

Current through Vol. 24-12, July 15, 2024
Rule 4.
(1) The
				affidavit of identity must be signed, sworn to, and dated by the candidate. All
				information given and statements made by the candidate on the affidavit of
				identity must be true as of the date that the affidavit is signed.
(2) An affidavit of identity must be
				notarized in accordance with the Michigan law on notarial acts, 2003 PA 238,
				MCL 55.261 to
				55.315.
Michigan Administrative Code › Department - State › Elections & Campaign Finance › Signature Matching for Absent Voter Ballot Applications and Absent Voter Ballot Envelopes › Section R. 168.21 - Definitions

Current through Vol. 24-12, July 15, 2024
Rule 1. As used in these rules:
(a) "Election official" means the township,
				city, or county clerk or their staff responsible for verifying
				signatures.
(b) "Master card" means
				the master card document referenced in 761(2), 1954 PA 116, MCL
				168.761, and
				766(2),
				1954 PA 116, MCL
				168.766.
(c) "Qualified voter file" means the voter
				registration database maintained by the Secretary of State.
(d) "Signature on file" means the signature
				of the voter contained in the qualified voter file. If the qualified voter file
				does not contain the voter's digitized signature, the signature of the voter
				contained on the master card is the signature on file. If an absent voter
				ballot application signature has been compared against the signature of the
				voter contained in the qualified voter file or on the master card and the
				absent voter ballot application signature has been determined to agree
				sufficiently with the signature of the voter contained in the qualified voter
				file or on the master card, the absent voter ballot application signature is
				also a "signature on file" for the purpose of this ruleset. Nothing in this
				ruleset shall be construed to allow an absent voter ballot application
				signature to be used to validate an absent voter ballot envelope signature
				unless the absent voter ballot application signature has been found to agree
				sufficiently with the signature of the voter contained in the qualified voter
				file or on the master card.
Michigan Administrative Code › Department - State › Elections & Campaign Finance › Signature Matching for Absent Voter Ballot Applications and Absent Voter Ballot Envelopes › Section R. 168.22 - Sufficient agreement of voter signature; initial presumption of validity; voter contact by clerk

Current through Vol. 24-12, July 15, 2024
Rule 2.
(1) In
				determining for purposes of section
				761(2) of the
				Michigan election law, 1954 PA 116, MCL
				168.761, or for the purposes of
				766(2), 1954 PA 116, MCL
				168.766, whether a voter's absent
				voter ballot application signature or absent voter ballot envelope signature
				agrees sufficiently with the voter's signature on file, an election official
				may determine that a signature does not agree sufficiently with the signature
				on file only after reviewing the absent voter ballot application signature or
				absent voter ballot envelope signature using the process set forth in these
				rules.
(2) A voter's signature
				should be considered invalid only if it differs in significant and obvious
				respects from the signature on file. Slight dissimilarities should be resolved
				in favor of the voter. Exact matches are not required to determine that a
				signature agrees sufficiently with the signature on file.
(3) If, after examining a voter's absent
				voter ballot application signature or absent voter ballot envelope signature
				using the process set forth in these rules, an election official has genuine
				concerns about the signature's validity, the election official may contact the
				voter to address those concerns prior to determining that a signature is not
				valid. Any efforts by the election official to contact a voter under this
				subsection is not notification for the purposes of
				R 168.25 that the absent voter ballot
				application signature or absent voter ballot envelope signature has been found
				not to agree sufficiently with the signature on file. An election official who
				is unable to determine that the absent voter ballot application signature or
				absent voter ballot envelope signature agrees sufficiently with the signature
				on file after contacting or attempting to contact the voter for clarification
				under this subsection is still bound by the notification timelines set forth in
				R 168.25.
Michigan Administrative Code › Department - State › Elections & Campaign Finance › Signature Matching for Absent Voter Ballot Applications and Absent Voter Ballot Envelopes › Section R. 168.23 - Redeeming qualities

Current through Vol. 24-12, July 15, 2024
Rule 3.
(1) In
				determining whether an absent voter ballot application signature or absent
				voter ballot envelope signature agrees sufficiently with a signature on file,
				election officials shall consider whether any redeeming qualities are present.
				The bureau of elections shall provide examples of signatures with redeeming
				qualities and questionable signatures.
(2) Redeeming qualities include, but are not
				limited to, the following:
(a) Similar
				distinctive flourishes.
(b) More
				matching features than nonmatching features.
(c) Signature features do not match because
				it appears as if the voter's hand is trembling or shaking.
(d) Only part of the signature matches the
				signature on file, for example, if only the first letters of the first and last
				name match.
(e) Signature is
				partially printed but partially matches the signature on file.
(f) Signature is a recognized diminutive of
				the voter's full legal name.
(g)
				Signature omits a middle name, replaces a middle name with an initial, or
				replaces a middle initial with a name.
(h) Signature style has changed slightly from
				signature on file.
Michigan Administrative Code › Department - State › Elections & Campaign Finance › Signature Matching for Absent Voter Ballot Applications and Absent Voter Ballot Envelopes › Section R. 168.24 - Explanations for differences in signatures

Current through Vol. 24-12, July 15, 2024
Rule 4.
(1)
				Elections officials shall consider the following as possible explanations for
				the discrepancies in signatures:
(a) Evidence
				of trembling or shaking in a signature could be health-related or the result of
				aging.
(b) The voter may have used
				a diminutive of their full legal name, including, but not limited to, the use
				of initials, or the rearrangement of components of their full legal name, such
				as a reversal of first and last names, use of a middle name in place of a first
				name, or omitting a second last name.
(c) The voter's signature style may have
				changed slightly over time.
(d) The
				signature may have been written in haste.
(e) The surface of the location where the
				signature was made may have been rough, soft, uneven, or unstable.
Michigan Administrative Code › Department - State › Elections & Campaign Finance › Signature Matching for Absent Voter Ballot Applications and Absent Voter Ballot Envelopes › Section R. 168.26 - Curing signature deficiencies

Current through Vol. 24-12, July 15, 2024
Rule 6.
(1) Any of
				the following methods may be used to cure a missing or mismatched
				signature
:
(a) A voter may
				provide a signature on the absent voter ballot application or ballot envelope
				with the missing or mismatched signature;
(b) A voter may complete and submit a
				signature cure form prescribed by the Secretary of State; or
(c) A voter may follow another form or method
				of curing a missing or mismatched signature as specified by the election
				official on their website or in the election official's office.
Michigan Administrative Code › Department - State › Elections & Campaign Finance › Online Absent Voter Ballot Application › Section R. 168.31 - Definitions

Current through Vol. 24-12, July 15, 2024
Rule 1. As used in these rules:
(a) "Absent voter ballot application" means
				the paper application developed by the secretary of state or the online
				application described in R. 168.32.
(b) "Jurisdiction" means the city or township
				in which the voter is registered.
(c) "Manual digital signature" means a
				digitally captured image of a registered voter's handwritten
				signature.
(d) "Qualified Voter
				File" means the voter registration database maintained by the secretary of
				state.
(e) "Stored digital
				signature" means the image of the registered voter's signature captured by the
				department of state and maintained in the department of state's motor vehicle
				database.
Michigan Administrative Code › Department - State › Elections & Campaign Finance › Online Absent Voter Ballot Application › Section R. 168.32 - Maintenance of online absent voter ballot application; form

Current through Vol. 24-12, July 15, 2024
Rule 2.
(1) The
				secretary of state shall maintain an online absent voter ballot
				application.
(2) This online absent
				voter ballot application must provide an option that allows qualified and
				registered voters to request an absentee ballot for an election occurring in
				their jurisdiction.
(3) The online
				absent voter ballot application must be in substantially the same form as the
				absent voter ballot application developed by the secretary of state under
				section 759 of the Michigan election law,
				1954 PA 116, MCL
				168.759.
Michigan Administrative Code › Department - State › Elections & Campaign Finance › Online Absent Voter Ballot Application › Section R. 168.33 - Use of digital signature on online absent voter ballot applications

Current through Vol. 24-12, July 15, 2024
Rule 3.
(1) The
				online absent voter ballot application must provide an opportunity for a voter
				to use the voter's stored digital signature on file with the secretary of state
				on the application.
(2) In order to
				allow a voter to use the voter's stored digital signature, the online absent
				voter ballot application must verify the voter's identity and registration
				status by requesting the voter's name, complete driver's license or state ID
				number, full date of birth, last four digits of the voter's social security
				number, and eye color.
(3) For
				registered voters whose stored digital signature is on file with the secretary
				of state, the online absent voter ballot application must be signed with that
				stored digital signature.
(4)
				Registered voters without a stored digital signature on file with the secretary
				of state may provide a manual digital signature by uploading a photograph of
				their physical handwritten signature to the online absent voter ballot
				application.
(5) Completed online
				absent voter ballot applications, including digital signature, must be sent
				electronically through the Qualified Voter File to the city or township clerk
				for processing. An application signed using a stored digital signature or
				manual signature must be treated identically as an application signed with a
				physical handwritten signature.
Michigan Administrative Code › Department - State › Elections & Campaign Finance › Online Absent Voter Ballot Application › Section R. 168.34 - Processing online absent voter ballot application

Current through Vol. 24-12, July 15, 2024
Rule 4. The clerk of a city or township shall process online
				  absent voter ballot applications in the same manner as all absent voter ballot
				  applications submitted by a voter pursuant to section
				  759 or
				  759 a of the Michigan election
				  law, 1954 PA 116, MCL
				  168.759 or
				  168.759a.