Michigan Laws 256.681 – Automatic denial or revocation of application or certificate; duration
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Terms Used In Michigan Laws 256.681
- Conviction: A judgement of guilt against a criminal defendant.
- Conviction: means a conviction for a crime or attempted crime whether under a law of this state, a local ordinance substantially corresponding to a law of this state, or a law of another state substantially corresponding to a law of this state. See Michigan Laws 256.623
- Designated representative or coordinator: means the individual that a driver education provider employs, enlists, or appoints, or contracts with to supervise, manage, and administer the day-to-day responsibilities of the provider's driver education school operation. See Michigan Laws 256.623
- Driver education provider certificate: means a written or electronic authorization issued by the secretary of state to indicate that a person has met the driver education provider qualifications of this act. See Michigan Laws 256.625
- provider: means a person that meets the requirements in subparagraph (i), if not excluded under subparagraph (ii), as follows:
(i) Maintains or obtains the facilities and certified instructors to give instruction in the driving of a motor vehicle or maintains or obtains the facilities and certified instructors to prepare an applicant for an exam given by the secretary of state for a license as defined in section 25 of the Michigan vehicle code, 1949 PA 300, MCL 257. See Michigan Laws 256.625Revocation: means the termination of a driver education provider's certification or a driver education instructor's certification. See Michigan Laws 256.627 state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
(1) Except as otherwise provided in this section, the secretary of state shall automatically deny a driver education provider‘s or instructor’s application or revoke a provider’s or instructor’s certificate without notice and an opportunity for a hearing if for any reason a driver education provider or instructor is removed from the Federal Motor Carrier Safety Administration training provider registry under 49 C.F.R. § 380.721 and 380.723. The denial or revocation remains in effect until the applicant, instructor, provider, or the designated representative or coordinator of the applicant or provider completes 5 consecutive years without a conviction for a violation or attempted violation for which 4 or more points are assessed under section 320a of the Michigan vehicle code, 1949 PA 300, MCL 257.320a.
(2) The secretary of state shall automatically deny a driver education provider’s or instructor’s application or revoke a provider’s or instructor’s certificate without notice and an opportunity for a hearing until the driving record of the applicant, instructor, provider, or the designated representative or coordinator of the applicant or provider does not have within the prior 2 years 1 or more of the following:
(a) Three or more driver license denials, suspensions, or revocations, or any combination of 3 or more denials, suspensions, or revocations, imposed by the secretary of state for the failure to appear in court or a failure to comply with a court judgment under section 321a of the Michigan vehicle code, 1949 PA 300, MCL 257.321a.
(b) A conviction or finding of responsibility for a traffic violation in connection with 2 or more motor vehicle accidents.
(c) An accumulation of 6 or more points under section 320a of the Michigan vehicle code, 1949 PA 300, MCL 257.320a.
(d) A conviction under section 624a, 625(6), or 626b of the Michigan vehicle code, 1949 PA 300, MCL 257.624a, 257.625, and 257.626b.
(3) When the driving record of an applicant’s or provider’s designated representative or coordinator is the cause for the secretary of state to deny an application or revoke a certificate under this section, the secretary of state shall automatically deny an original or renewal application for a driver education provider certificate or automatically 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.