Michigan Office of Administrative Hearings and Rules  
Administrative Rules Division (ARD)  
[email protected]  
REQUEST FOR RULEMAKING (RFR)  
1. Department:  
State  
2. Bureau:  
Automotive Related Businesses  
3. Promulgation type:  
Full Process  
4. Title of proposed rule set:  
Breath Alcohol and Ignition Interlock Devices  
5. Rule numbers or rule set range of numbers:  
R 257.1001 - R 257.1006  
6. Estimated time frame:  
6 months  
Name of person filling out RFR:  
Colleen Tulloch-Brown  
E-mail of person filling out RFR:  
tulloch-brownc@michigan.gov  
Phone number of person filling out RFR:  
517-245-3237  
Address of person filling out RFR:  
430 W Allegan Lansing, MI  
7. Describe the general purpose of these rules, including any problems the changes are intended  
to address.  
Defines what a Breath Alcohol Ignition Interlock Device (BAIID) is, approval of BAIID devices,  
and manufacturers. Changes proposed to correct to the proper area within MDOS and also  
typographical errors.  
8. Please cite the specific promulgation authority for the rules (i.e. department director,  
commission, board, etc.).  
Department Director.  
A. Please list all applicable statutory references (MCLs, Executive Orders, etc.).  
MCL 257.625k.  
B. Are the rules mandated by any applicable constitutional or statutory provision? If so, please  
explain.  
MCL 257.625k mandates rule promulgation.  
9. Please describe the extent to which the rules conflict with or duplicate similar rules,  
compliance requirements, or other standards adopted at the state, regional, or federal level.  
The rules do not conflict with or duplicate similar rules, compliance requirements, or other  
standards adopted at the state, regional, or federal level.  
10. Is the subject matter of the rules currently contained in any guideline, handbook, manual,  
instructional bulletin, form with instructions, or operational memoranda?  
MCL 24.239  
RFR-Page 2  
No.  
11. Are the rules listed on the department’s annual regulatory plan as rules to be processed  
for the current year?  
No.  
12. Will the proposed rules be promulgated under Section 44 of the Administrative Procedures  
Act, 1969 PA 306, MCL 24.244, or under the full rulemaking process?  
Full Process  
13. Please describe the extent to which the rules exceed similar regulations, compliance  
requirements, or other standards adopted at the state, regional, or federal level.  
The rules do not exceed similar regulations, compliance requirements, or other standards adopted  
at the state, regional, or federal level.  
14. Do the rules incorporate the recommendations received from the public regarding any  
complaints or comments regarding the rules? If yes, please explain.  
No.  
15. If amending an existing rule set, please provide the date of the last evaluation of the rules  
and the degree, if any, to which technology, economic conditions, or other factors have changed  
the regulatory activity covered by the rules since the last evaluation.  
The rules were last evaluated in 2016. Technology, economic conditions, and other factors have  
not changed the regulatory activity covered by the rules since the last evaluation.  
16. Are there any changes or developments since implementation that demonstrate there is no  
continued need for the rules, or any portion of the rules?  
No.  
17. Is there an applicable decision record (as defined in MCL 24.203(6) and required by MCL  
24.239(2))? If so, please attach the decision record.  
No  
Based on the information provided in this RFR, MOAHR concludes that there are sufficient  
policy and legal bases for approving the RFR. The RFR satisfies the requirements of the  
Administrative Procedures Act of 1969, 1969 PA 306, MCL 24.201 to 24.328, and Executive  
Order No. 2019-6.  
MCL 24.239  
;