Michigan Office of Administrative Hearings and Rules  
611 W. Ottawa Street  
Lansing, MI 48909  
Phone: 517-335-8658 Fax: 517-335-9512  
AGENCY REPORT TO THE  
JOINT COMMITEE ON ADMNINISTRATIVE RULES (JCAR)  
1. Agency Information  
Agency name:  
State Police  
Division/Bureau/Office:  
Criminal Justice Information System  
Name of person completing this form:  
Steven Beatty  
Phone number of person completing this form:  
517-282-8858  
E-mail of person completing this form:  
Name of Department Regulatory Affairs Officer reviewing this form:  
Steve Beatty  
2. Rule Set Information  
MOAHR assigned rule set number:  
2019-142 SP  
Title of proposed rule set:  
Criminal Justice Information Systems  
3. Purpose for the proposed rules and background:  
MCL 24.242 and 24.245  
Agency Report to JCAR-Page 2  
The rules codify requirements for access, use, and disclosure of information in criminal justice  
information systems, including the law enforcement information network (LEIN), the automated  
fingerprint information system (AFIS), and other information systems related to criminal justice or  
law enforcement.  
The rules were last updated in June 2009. Various revisions are necessary to clarify when and under  
what circumstances criminal justice information systems and the information within those systems  
may be accessed, disseminated, and entered or removed in light of changes in federal and state law  
and standards since the rules' last revision.  
The MSP has identified certain definitions contained in R 28.5101 as being too broad, thereby  
creating confusion in determining what systems and what information are subject to these rules.  
Among other definitional revisions, the following definitions will be revised or deleted: “criminal  
justice information,” “criminal justice information systems,” and “other information systems.”  
The requirement that all agencies or entities having access to LEIN pay an annual fee is contained in  
R 28.5414; however, there is no longer a necessity to fund LEIN through annual user fees because the  
Legislature has been providing funding for LEIN in the MSP's annual appropriation.  
4. Summary of proposed rules:  
The proposed rules are changes to existing rules, drafted to clarify the requirements for access, use,  
and disclosure of information in criminal justice information systems in light of changes to federal  
and state law and standards since the last revision of the rules, to revise certain definitions to avoid  
confusion in determining which systems and information are subject to the rules, and to remove the  
requirement for certain fees.  
5. List names of newspapers in which the notice of public hearing was published and  
publication dates:  
The Mining Journal (Published November 2, 2020)  
The Grand Rapids Press (Published November 5, 2020)  
The Flint Journal (Published November 6, 2020)  
6. Date of publication of rules and notice of public hearing in Michigan Register:  
11/15/2020  
7. Date, time, and location of public hearing:  
11/19/2020 01:00 PM at Michigan State Police Headquarters, Centennial Room, and via TEAMS. ,  
2020PublicHearing)  
8. Provide the link the agency used to post the regulatory impact statement and cost-benefit  
analysis on its website:  
9. List of the name and title of agency representative(s) attending public hearing:  
MCL 24.242 and 24.245  
Agency Report to JCAR-Page 3  
Steven Beatty, Regulatory Affairs Officer  
Kevin Collins, Manager, Field Support Section  
Rich Chafee, Trooper, Legal Resources and Education Unit (attended virtually via Teams)  
Wayne Aldrich, Information Security Officer (attended virtually via Teams)  
Ryan Mainz, Departmental Specialist (attended virtually via Teams)  
10. Persons submitting comments of support:  
None  
11. Persons submitting comments of opposition:  
None  
12. Identify any changes made to the proposed rules based on comments received during the  
public comment period:  
Name &  
Organization public hearing  
Comments made at Written  
Comments  
Agency Rationale Rule number  
for change  
& citation  
changed  
1
13.Date report completed:  
12/2/2020  
MCL 24.242 and 24.245