Michigan Compiled Laws Act 384 Of 2006 Driver Education Provider And Instructor Act (256.621 - 256.705)

AN ACT to provide for the certification of driver education providers; to prescribe certain record-keeping and program requirements for driver education providers; to provide for the certification of driver education instructors; to prescribe the powers and duties of certain persons and departments; to prescribe certain fees; to establish a fund in the state treasury; to prescribe remedies, sanctions, and penalties; and to rescind administrative rules.

History: 2006, Act 384, Eff. Oct. 1, 2006

Section 256.621 Short Title.
This act shall be known and may be cited as the "driver education provider and instructor act". History: 2006, Act 384, Eff. Oct. 1,
Section 256.623 Definitions; A To D.
As used in this act: (a) "Adult driver training" means instruction that is provided to a person 18 years of age or older in...
Section 256.625 Definitions; D To M.
As used in this act: (a) "Driver education instructor preparation program" means a program of driver education instructor preparation courses offered by a college...
Section 256.627 Definitions; P To T.
As used in this act: (a) "Performance objective" means a certain level of knowledge and skill a student is expected to acquire to successfully...
Section 256.629 Driver Education Provider Certificate; Application; Classifications; Investigation; Eligibility Requirements; Evidence; Bond Or Renewal Certificate; Stipulation Of Agreement To Service Of Process; Applicability Of Subsection (3); Classroom Facility; Liability Insurance; Multiple Driving Facility; Orientation And Education Program; Fees.
(1) A person may apply to the secretary of state for a driver education provider certificate in 1 or more of the following classifications:...
Section 256.631 Renewal Application; Criminal History Check; Effect Of Expired Certificate; Review And Approval Or Denial Of Multiple Vehicle Driving Facility; Fees.
(1) A certified driver education provider may apply for the renewal of a driver education provider certificate. The renewal application shall be submitted to...
Section 256.633 Original Or Renewal Driver Education Provider Certificate; Issuance; Identifying Number; Classification; Validity; Duration; Transfer Or Assignment Prohibited.
(1) The secretary of state may issue an original or renewal driver education provider certificate if the secretary of state is satisfied the applicant...
Section 256.635 Change In Owner, Partner, Officer, Director, Or Designated Representative Or Coordinator; Change In Address; Notification; Duties Of Person Who Stops Operating As Driver Education Provider; Noncompliance As Misdemeanor; Penalty.
(1) A driver education provider shall immediately notify the secretary of state in a manner prescribed by the secretary of state of a change...
Section 256.637 Driver Education Instructor Certificate; Classification; Investigation; Evidence; Stipulation Of Agreement To Service Of Process; Photograph Of Applicant; Expiration; Misdemeanor; Penalty; Completion Of Orientation And Education Program; Preparation Courses.
(1) A person may apply to the secretary of state for a driver education instructor certificate in 1 or more of the following classifications:...
Section 256.639 Original Or Renewal Driver Education Instructor Certificate; Issuance; Requirements; Display Of Driver Education Certificate Card.
(1) The secretary of state may issue a person an original or renewal driver education instructor certificate if the secretary of state is satisfied...
Section 256.641 Renewal Of Driver Education Instructor Certificate; Application; Format; Effect Of Expired Certificate; Criminal History Check; Validity And Duration Of Certificate; Fee.
(1) A certified driver education instructor may apply to the secretary of state for renewal of his or her driver education instructor certificate. The...
Section 256.643 Driver Education Instructor Preparation Program.
(1) A college or university or a person approved by the secretary of state may present a driver education instructor preparation program. A college,...
Section 256.645 Conditional Driver Education Instructor Certificate; Issuance; Requirements.
(1) A person shall not participate in a practicum course conducted by a college or university or by a person approved by the secretary...
Section 256.647 Professional Development Requirements; Establishment; Publication; Provisions.
Beginning January 1, 2008, the secretary of state shall establish professional development requirements for a certified driver education instructor. The secretary of state shall...
Section 256.649 Criminal History Record Information Check.
(1) A fingerprint-based criminal history check required under this act shall be performed by the department of state police and the federal bureau of...
Section 256.651 Use Of Motor Vehicle; Requirements.
(1) A motor vehicle used by a driver education provider shall: (a) Comply with the motor vehicle safety standards required under both federal law...
Section 256.653 Teen Driver Training; Duties Of Driver Education Provider.
A driver education provider issued a driver education provider certificate that is classified for teen driver training under this act shall comply with all...
Section 256.655 Teen Driver Training; Model Curriculum.
(1) The secretary of state shall prescribe a model curriculum for teen driver training under this act. After September 1, 2007, a driver education...
Section 256.657 Driver Education Course; Segment 1 Curriculum; Teen Driver Training; Definitions; Section Known And Cited As "Nathan Bower Act."
(1) A segment 1 curriculum shall include both classroom and behind-the-wheel driver education course experience. The classroom instruction and behind-the-wheel instruction shall be integrated,...
Section 256.659 Segment 2 Curriculum Course.
A segment 2 curriculum course provided under this act shall meet all of the following requirements: (a) Be offered only to a student who...
Section 256.661 Classroom Instruction; Number Of Students; Limitation.
(1) Except as otherwise provided in this section, a segment 1 or segment 2 classroom shall not contain more than 36 students when classroom...
Section 256.663 Driver Education Course Certificate Of Completion; Issuance To Student.
(1) A driver education provider classified to provide teen driver training shall issue a driver education course certificate of completion to a student who...
Section 256.665 Course Schedule Report, Course Completion Report; Requirements.
(1) Before holding a class, a driver education provider shall file a projected driver education course schedule report with and as prescribed by the...
Section 256.667 Written Agreement Between Provider And Student; Terms.
(1) A driver education provider shall have a written agreement with each of its students. A driver education provider shall not give instruction to...
Section 256.669 Coordinated Segment 1 Driver Education Course; Approval Of Secretary Of State; Written Agreement Between Provider And Student; Terms.
(1) The secretary of state may approve the giving of a coordinated segment 1 driver education course. A driver education provider shall not give...
Section 256.671 Reports; Maintenance; Format; Manner; Availability; Failure To Comply; Duration.
(1) The secretary of state may require that information, a record, or any document required to be maintained under this act be maintained in...
Section 256.673 Verification Of Instructor's Certificate Status.
(1) A driver education provider shall verify that a driver education instructor possesses a valid driver education instructor certificate issued under this act, before...
Section 256.675 Instruction To Adult Or Truck Driver Training Student; Verification Of Valid Temporary Instruction Permit.
(1) Before a driver education provider shall provide behind-the-wheel driver education course instruction to an adult or truck driver training student, the provider shall...
Section 256.677 Conviction Of Violation; Notification To Secretary Of State.
A certified driver education provider or instructor or a provider's designated representative or coordinator shall immediately notify the secretary of state if convicted of...
Section 256.679 Conviction Information; Establishment Of Automated Fingerprint Identification System Database; Automatic Denial Or Revocation Of Application Or Certificate.
(1) Except as otherwise provided in this section, the secretary of state shall automatically deny an original or renewal application for a driver education...
Section 256.681 Automatic Denial Or Revocation Of Application Or Certificate; Duration.
(1) Except as otherwise provided in this section, the secretary of state shall automatically deny a driver education provider or instructor application or revoke...
Section 256.683 Denial, Suspension, Revocation, Or Cancellation Of Driver License; Suspension Or Revocation Of Driver Education Instructor's Certificate; Reinstatement.
(1) The secretary of state shall automatically suspend or revoke a driver education instructor's certificate without notice and an opportunity for a hearing if...
Section 256.685 Investigation; Complaint; Mediation; Conditions For Probation.
(1) The secretary of state may make, on its own initiative or in response to a complaint, a reasonable and necessary investigation within or...
Section 256.687 Deceptive Or Unconscionable Methods, Acts, Or Practices.
A driver education provider or instructor shall not engage in a deceptive or unconscionable method, act, or practice. The following are deceptive or unconscionable...
Section 256.689 Sanctions.
(1) Except as otherwise provided in this act, the secretary of state may impose 1 or more of the sanctions in subsection (2) after...
Section 256.691 Cease And Desist Order; Temporary Cease And Desist Order.
(1) If the secretary of state determines after notice and opportunity for a hearing that a person has committed a violation listed in section...
Section 256.695 Summary Suspension; Hearing; Resolution.
(1) The secretary of state may order a summary suspension of a driver education provider or driver education instructor certificate pursuant to the administrative...
Section 256.697 Expiration Or Absence Of Certificate; Proceeding With Investigation, Disciplinary Proceeding, Or Other Action.
The expiration or absence of a driver education provider certificate or a driver education instructor certificate does not prevent the secretary of state from...
Section 256.699 Certificate Required; Violation As Misdemeanor; Penalty; Administrative Fine.
A person shall not engage in or offer to engage in activity as a driver education provider or a driver education instructor unless the...
Section 256.701 Reimbursement; Disposition.
In a court proceeding involving a violation of this act, the court may order the person found guilty of violating this act to reimburse...
Section 256.703 Driver Education Provider And Instructor Fund; Creation; Expenditures; Investment; Accounting; Administration Of Act.
(1) The driver education provider and instructor fund is created as a separate fund in the department of treasury. The fund shall be expended...
Section 256.704 Deposit Of Revenue Balance Into Traffic Law Enforcement And Safety Fund.
After deducting the actual administrative costs of the department, the balance of the revenue from the fees collected under this act, up to an...
Section 256.705 Rules.
The secretary of state may promulgate rules pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, to carry...

Last modified: October 10, 2016