Michigan Office of Administrative Hearings and Rules

MOAHR-Rules@michigan.gov

AGENCY REPORT TO THE

JOINT COMMITEE ON ADMNINISTRATIVE RULES (JCAR)

1. Agency Information

Agency name:

State Police

Division/Bureau/Office:

Forensic Science Division

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:

BeattyS@michigan.gov

Name of Department Regulatory Affairs Officer reviewing this form:

Steven Beatty

2. Rule Set Information

MOAHR assigned rule set number:

2022-34 SP

Title of proposed rule set:

Tests for Breath Alcohol

3. Purpose for the proposed rules and background:

The existing rules have accompanied the current evidential breath alcohol test instruments since the

purchase and adoption of those instruments into the program. The State of Michigan is purchasing

new instruments with additional technological features and expanded capabilities and will need to

change the existing rules to accommodate both the technological features and the new capabilities.

The rules will also need to be updated to apply to the new instrument for training instrument users

and technicians.

4. Summary of proposed rules:

The proposed rules are changes to existing rules that have accompanied the current evidential breath

alcohol test instrument since the adoption, purchase, and installation of those instruments. The State

of Michigan is purchasing new instruments with additional technology, features, and expanded

capabilities and will need to amend the existing rules to accommodate both the technology and new

features. The amendments to the rules also apply to training users and technicians on the operation of

the new instrument.

5. List names of newspapers in which the notice of public hearing was published and

publication dates:

MCL 24.242 and 24.245

Agency Report to JCAR-Page 2

The Flint Journal (Published February 21, 2023)

The Grand Rapids Press (Published February 21, 2023)

The Mining Journal (Published February 22, 2023)

6. Date of publication of rules and notice of public hearing in Michigan Register:

3/1/2023

7. Date, time, and location of public hearing:

3/14/2023 01:00 PM at Centennial Room , Michigan State Police Headquarters, 7150 Harris Drive,

Dimondale, MI 48221

8. Provide the link the agency used to post the regulatory impact statement and cost-benefit

analysis on its website:

https://ARS.apps.lara.state.mi.us/Transaction/RFRTransaction?TransactionID=1393

9. List of the name and title of agency representative(s) who attended the public hearing:

Mr. Steven Beatty, Regulatory Affairs Officer (RAO)

Mr. Jeff Nye, Director Forensic Science Division

Insp. John Bowen, Forensic Science Division

Mr. Mark Fondren, Forensic Science Division

Sgt. Scott Tuttle, Breath Alcohol Unit

10. Persons submitting comments of support:

None

11. Persons submitting comments of opposition:

None

12. Persons submitting other comments:

Attorney Aaron Martinez, Attorney Michael J. Nichols

13. 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

Agency Rationale Rule number

for Rule Change & citation

and Description changed

of Change(s)

Comments

Made

1

Attorney

Michael

Nichols

“325.2654: This Although R

R 325.2658

(5)

sub-rule appears 325.2654 was

to be rescinded. rescinded, the

It should not be referenced subrule

rescinded because was moved in the

it requires that if draft rules to new

an instrument is R 325.2659(3).

repaired, it must Nevertheless,

MCL 24.242 and 24.245

Agency Report to JCAR-Page 3

undergo a

certification

when considering

the comments in

inspection and be light of the

verified for

accuracy in

training

requirements and

accordance with a proficiency

120 day

standards required

calibration

inspection

process.”

for operator

certification under

the rules, and the

shared desire to

ensure that

defendants and

members of the

bar have a

common

understanding as

to how certified

operators can

demonstrate their

required training

and certification

under the rules,

the two references

to “certification

card” in

R325.2658(5)

were simply

changed to

“certificate.” The

MSP no longer

issues small wallet

sized cards upon

successful

completion of the

required training

but does issue

equivalent

certificates. The

rationale for this

minor revision is

to avoid future

semantics over

whether a

“certificate” issued

by the MSP under

MCL 24.242 and 24.245

Agency Report to JCAR-Page 4

the rules is the

equivalent of a

“card” issued by

the MSP under the

rules.

14.Date report completed:

3/27/2023

MCL 24.242 and 24.245