256.679 Conviction information; establishment of automated fingerprint identification system database; automatic denial or revocation of application or certificate.

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Sec. 59.

(1)Except as otherwise provided in this section, the secretary of state shall automatically deny an original or renewal application for a driver education provider or instructor certificate and shall automatically immediately revoke a certificate issued to a person as a driver education provider or driver education instructor without the necessity for notice and an opportunity for a hearing if a criminal history record information check indicates that the applicant, instructor, provider, or the designated representative or coordinator of the applicant or provider has been convicted of a violation or attempted violation, or the secretary of state receives reliable notice under this section or section 57 of a conviction for a violation or attempted violation, of any of the following:

(a)Criminal sexual conduct, assault with intent to commit criminal sexual conduct, or an attempt to commit criminal sexual conduct, in any degree under sections 520b to 520g of the Michigan penal code, 1931 PA 328, MCL 750.520b to 750.520g.

(b)A felony involving a criminal assault or battery on an individual.

(c)A crime involving felonious assault on a child, child abuse in the first degree, cruelty, torture, or indecent exposure involving a child.

(d)A felony involving the manufacture, distribution, or dispensing of a controlled substance or possession with intent to manufacture, distribute, or dispense a controlled substance.

(e)A felony conviction involving fraud as an element of the crime.

(2)A denial or revocation imposed under this section shall continue for not less than 10 years from the date of the conviction.

(3)In collaboration with the department of state police, the department of technology, management, and budget shall establish an automated fingerprint identification system database that allows the department of state police to store and maintain all fingerprints submitted under this act and that provides for automatic notification at the time a subsequent criminal arrest fingerprint card submitted into the system matches a set of fingerprints previously submitted in accordance with this act. Upon that notification, the department of state police shall immediately notify the department and the department shall review the information in accordance with the criminal history record information criteria for an instructor under this act. Information in the database established under this subsection is confidential, is not subject to disclosure under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246, and shall not be disclosed to any person except for purposes of this act or for law enforcement purposes.

(4)When the secretary of state receives reliable notice of a conviction for a violation or attempted violation under this section or section 57 by an applicant's or provider's designated representative or coordinator, the secretary of state shall automatically deny an original or renewal application for a driver education provider certificate or automatically immediately revoke a provider's certificate under this section if the applicant or provider fails to immediately terminate the designated representative's or coordinator's designation or employment as the provider's designated representative or coordinator.

History: 2006, Act 384 , Eff. Oct. 1, 2006 ;-- Am. 2012, Act 258 , Imd. Eff. July 2, 2012