4 CORRECTION OF OBVIOUS ERRORS IN PUBLICATION

 

July 10, 2008

 

 

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 two obvious errors in the promulgated rule set Law Enforcement Standards and Training, R 28.14101, et. seq. Specifically, I would suggest that the corrections 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 first rule error should be corrected as follow:

 

R 28.14403(b)  Reasonably expect to meet the selection and employment requirements of R 28.14202 R28.14203(a) to (j), except for (g) and (i), and R 28.14203 R28.14204.

 

R 28.14404(c)  Reasonably  expect  to  meet  the  current  selection  and   employment standards of R 28.14202 R28.14203(a) to  (j), except for (g) and (i), and R 28.14203 R28.14204.

 

R28.14405(c)  Reasonably expect to meet the current selection and employment standards of R 28.14202 R28.14203(a) to (j), except (g) and (i), and R 28.14203 R28.14204.

 

R28.14406  A person who intends to participate in the recognition of prior basic law enforcement training and experience program by virtue of having been previously eligible for licensing, based on compliance with the preservice recruit requirements in these rules, shall reasonably expect to meet the current selection and employment standards in R 28.14202 R28.14203 and R 28.14203 R28.14204 upon employment as a law enforcement officer.

 

This error was created when Rule 28.14202 was inserted in the rule set at the direction of SOAHR.  This caused to each referenced rule to increase by one digit; we failed to recognize and correct the problem in Part 4 of the rule set.  It is obvious that as written, the reference to the above subrules contains an error and needs to be corrected.

The second rule error should be corrected as follow: R 28.14410   (4) A person who fails … .

 (3) (5)  A person who fails … requirements.

 

 

(6) The results of the … .

 

This error is a simple numbering sequence error.  Subrule (5) was inadvertently numbered (3).  It is obvious that the numbering sequence is incorrect and contains an error that needs to be corrected.

 

Your assistance in correcting these errors is appreciated. Sincerely,

 

 

/s/ Dale Rothenberger

 

Dale Rothenberger Rules Manager