-
February 8, 2007
Ms. Norene Lind Administrative Rules Manager
State Office of Administrative Hearings and Rules Department of Labor and Economic Growth Ottawa Building, 611 W. Ottawa
P.O. Box 30004
Lansing, Michigan 48909-7504
Dear Ms. Lind:
I am writing to request the correction of an obvious error in the recently promulgated rule set Law enforcement Standards and Training, R 28.14101, et. seq. Specifically, Rule 204 is missing the word “physician” in the first paragraph. I would suggest that this correction should be made under the provisions of MCL 24.256(1) of the Administrative Procedures Act (1969 PA 306), which permits corrections of “obvious errors.”.
The rule in question should read:
Rule 204. A person selected to become a law enforcement officer pursuant to the provisions of the act shall meet all of the medical requirements in subdivisions (a) to (e) of this rule. A determination of compliance with the medical standards in this rule shall be made by a licensed physician, with the exception that a determination of compliance with subdivisions (a), (b), (c) and (e)(iii) of this rule shall be made as provided in each of the following: … .
The sentence as currently written makes no sense as it is. It is obvious that a word is missing, even though the precise word may not be obvious. When the sentence is read in the context of making a medical determination, a physician is the most logical person to do so. Finally and most importantly, this rule set rescinded all old rules and reorganized them under new R-numbers. The former rescinded rule (R 28.4103) required examinations by a licensed physician.
Your assistance in correcting this error is appreciated. Sincerely,
Dale Rothenberger Rules Manager
