5 PROPOSED ADMINISTRATIVE RULES

 

SOAHR 2006-012

 

DEPARTMENT OF LABOR AND ECONOMIC GROWTH DIRECTOR'S OFFICE

MICHIGAN CHILDREN'S PROTECTION REGISTRY RULES

 

Filed with the Secretary of State on

 

These rules become effective immediately upon filing with the Secretary of State unless adopted under sections 33, 44, or 45a (6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.

 

(By authority conferred on the department of labor and economic growth by section 3 of 2004 PA 241, MCL 752.1063)

 

Draft March 24, 2006

R 484.510 of the Michigan Administrative Code is amended as follows: R 484.510 Mechanism for verification of sender compliance.

Rule 10. (1) No sender or other person, except as designated by the department, may obtain access to the Protect MI Child Registry until payment is received.

(2)   A sender shall verify compliance with the Protect MI Child Registry by comparing the lists of contact points for all those to whom the sender wishes to send prohibited messages through the secure system established by the department. The privacy of lists submitted by senders shall be taken into consideration by the department in establishing the configuration requirements for the verification system.

(3)   Senders shall not use, sell, or disclose any list of registered contact points that they may be derived or obtained through use of the registry or by any other means.

(4)   Both of the following apply to confirmation of sender subscription to registry:

(a)    Senders shall be provided with confirmation of their subscription following acceptance of their payment.

(b)      Senders shall receive informational materials regarding their obligations under the Protect MI Child Act with the confirmation of their subscription.

(5) The sender may send a message, if before sending the message, he or she obtains an affirmative statement of consent, as required by MCL 752.1065(6), from an age-verified adult to receive the message at an adult designated contact point. The sender shall notify the department that the sender intends to send messages as allowed under this section of law and comply with any procedures that may be established.