Michigan Office of Administrative Hearings and Rules
AGENCY REPORT TO THE
JOINT COMMITEE ON ADMNINISTRATIVE RULES (JCAR)
1. Agency Information
Agency name:
Attorney General
Division/Bureau/Office:
Financial Crimes Division
Name of person completing this form:
Bethany McCune
Phone number of person completing this form:
517-241-1071
E-mail of person completing this form:
Name of Department Regulatory Affairs Officer reviewing this form:
Bethany McCune
2. Rule Set Information
MOAHR assigned rule set number:
2024-33 AG
Title of proposed rule set:
Uniform Securities Act (2002)
3. Purpose for the proposed rules and background:
The purpose of these rules is to proscribe methods for notifying the county prosecutor of suspected or
detected covered financial exploitation observed by a broker-dealer or investment adviser, as
provided in section 535(5) and subsection 535(6) of the 2023 amendments to the uniform securities
act (2002), 2023 PA 306. MCL 451.2535(5) & (6).
4. Summary of proposed rules:
The rules are designed to provide a standardized method for law enforcement, adult protective
services, broker-dealers, and investment advisers to provide notice of reports of suspected or detected
covered financial exploitation made by broker-dealers and investment advisers to the county
prosecutor. The rules provide forms with a description of required content that shall be included in
notifications to the county prosecutor and provide guidelines for broker-dealers and investment
advisers to determine in which county to contact the county prosecutor and how to obtain contact
information for each prosecutor’s office. They also seek to avoid confusion when multiple law
enforcement agencies receive copies of a single notification from a broker-dealer or investment
adviser by requiring each law enforcement agency that receives a copy to make a report to the county
prosecutor’s office. The rules are designed to create the least burdensome alternative for those
required to comply, as the required notification forms are each only a single page which permits
reports already required to be generated in the ordinary course of business by the agencies making the
notifications as attachments.
MCL 24.242 and 24.245