DEPARTMENT OF STATE POLICE
 
CRIMINAL RECORDS DIVISIONCRIMINAL JUSTICE INFORMATION CENTER 
 
CRIMINAL JUSTICE INFORMATION SYSTEMS
 
Filed with the secretary of state on
 
These rules take effect immediately upon filing with the secretary of state unless adopted under section 33, 44, or 45a(6) of the administrative procedures act of 1969, 1969 PA 306, MCL 24.233, 24.244, or 24.245a.  Rules adopted under these sections become effective 7 days after filing with the secretary of state.
 
(By authority conferred on the department of state police by section 4 of the C.J.I.S. policy council act, 1974 PA 163, MCL 28.214, and Executive Reorganization Order No. 2008-2, MCL 28.162)
 
R 28.5101, R 28.5201, R 28.5202, R 28.5208, R 28.5209, R 28.5401, R 28.5402, and R 28.5414 of the Michigan Administrative Code are amended, R 28.5102, R 28.5210, and R 28.5211 are added, and R 28.5404 is rescinded, as follows: 
 
PART 1. GENERAL PROVISIONS
 
R 28.5101  Definitions.
   Rule 101.  As used in these rules:
   (a) "Access" means the physical or electronic ability, right, or privilege to view, modify, or make use of CJIS and CJI.
   (b)(a) "Administration of criminal justice" or "criminal justice purpose" means the performance of any of the following activities:
      (i) Detection, apprehension, detention, pretrial release, post-trial release, prosecution, adjudication, correctional supervision, or rehabilitation of accused persons or criminal offenders.
      (ii) Identification of criminals.
      (iii) Collection, storage, and dissemination of criminal justice information.CJI.
 (iv) Criminal justice agency employment.
 (c) “Automated Fingerprint Identification System” (AFIS) means the system maintained and operated by the department that collects and processes fingerprints and palm prints and disseminates related information.
 (d) "Automated Law Enforcement Information Access System” (ALIAS) means the system maintained by the department that collects and disseminates criminal and juvenile identification and records, pursuant to 1925 PA 289.
 (b) "AFIS" means the automated fingerprint identification system maintained and operated by the department .
 
 (e) "Biometric data" means data derived from 1 or more intrinsic physical or behavioral traits of humans typically for the purpose of uniquely identifying individuals, including fingerprints, palm prints, iris scans, and facial images.
 (f) "CJI" means criminal justice information.
   (g) "CJIS" means criminal justice information systems.
 (h)(c) "CJIS Information Security Officer" (ISO) means the person designated to administer the LEIN and NCIC information CJI security program.  The CJIS ISO Information Security Officer is an employee of the CSA.  The CJIS ISO Information Security Officer serves as the internal and external point of contact for all CJIS information security matters and ensures that each agency having access to the LEIN and NCIC system CJI has a security point of contact.
 (i)(d) "CJIS System Systems Agency" (CSA) means the criminal justice agency that has overall responsibility for the administration and usage of the NCIC provides access to CJI from systems managed by the FBI Criminal Justice Information Services Division within a district, state, territory, or federal agency, as designated by the Federal Bureau of Investigation.  FBI, and has overall responsibility for establishing and administering an information technology security program throughout the CSA’s user community. The CJIS System Agency CSA for this state is the department.
 (j)(e) "CJIS System Systems Officer" (CSO) means a member of the CJIS System Agency, CSA, selected by the head of the CSA, having the ultimate responsibility for monitoring system use, enforcing system discipline and security, and ensuring that all users follow operating procedures.the administration of the CJIS network on behalf of the CSA, including setting and enforcing standards for personnel accessing CJI and policies governing components of CJIS and related systems used to process, store, or transmit CJI; ensuring appropriate use of CJIS and CJI, compliance with approved polices, and that the CJIS Information Security Officer and Local Agency Security Officers are appointed; and approving access to CJIS and FBI criminal justice information services systems.
 (k) "CSA" means the CJIS Systems Agency.
   (l) "CSO" means the CJIS Systems Officer.
 (m)(f) "Criminal justice agency" means a court or other governmental agency, or any subunit thereof, of the court or governmental agency, that engages in the administration of criminal justice pursuant to a statute or executive order and that allocates a substantial part of its annual budget for the administration of criminal justice.  The federal and state Inspectors General Offices are considered criminal justice agencies.
 (n)(g) "Criminal justice information" means data (electronic or hard copy) obtained from LEIN, AFIS, ALIAS, or SNAP, including, but not limited to, biometric, identity history, person, organization, and property data.collected by criminal justice agencies that is needed for the performance of their functions as authorized or required by law.
 (o)(h) "Criminal justice information systems" (CJIS) means the LEIN, AFIS, ALIAS or SNAP systems. provided by a governmental agency  or  authorized  private  entity  that  store   and/or disseminate information used for the administration of criminal  justice  and public safety.
 (p)(i) "Department" means the Michigan department of state police.
 (q) "Dissemination" means the transmission, distribution, and disclosure of CJI.
 (r) "FBI" means the Federal Bureau of Investigation.
 (s) "Hot files" means databases maintained by the department that collects and disseminates information pertaining to wanted and missing persons, probation orders, mental health orders, jail or lockup information, and stolen, abandoned, or impounded property.
 (t)(j) "Law Enforcement Information Network" (LEIN) is means the communication network that supplies information sharing for collects and disseminates CJI to authorized Michigan criminal justice CJIS user agencies,; is the portal message switch that links to and provides access to various state and national databases; and is the hot files and PPO databases.
 (u) "LEIN" means the Law Enforcement Information Network.
 (k)  "Michigan Criminal Justice Information Network" (MiCJIN) means the web portal that provides a secure infrastructure with data encryption and single user sign-on and authentication to allow access to a variety of applications.
 (v)(l) "National crime information center" (NCIC) Crime information Center" means the nationwide, computerized information system established as a service to all criminal justice agencies operated by the CJIS division of the Federal Bureau of Investigation (FBI).FBI Criminal Justice Information Services Division.
 (w) "NCIC" means the National Crime Information Center.
 (m) "Nonpublic information" means information to which access, use, or dissemination is restricted by a Law or rule of this state or of the United States.
 (n) "Other information systems" are applications, other than LEIN or AFIS, which are accessed through the MiCJIN portal.
 (o) "Public safety" means the protection of the general population from all manners of significant danger, injury, damage, or harm.
 (p) "Public safety agency" means any entity  that  has  a  mission  of,  or assists with, protecting the public  from  harm  and  includes,  but  is  not limited to, police, fire, courts, prosecutors, search and  rescue,  emergency services, and 911 centers.
 (x) "Personally Identifiable Information" means information that can be used to distinguish or trace an individual’s identity, such as social security number, or biometric records, alone; or name, when combined with other personal or identifying information which is linked or linkable to a specific individual, such as date and place of birth, or mother’s maiden name.
 (y) "PII" means personally identifiable information.
 (z) "PPO database" means the database maintained by the department that collects and disseminates information pertaining to personal protection orders, pursuant to section 2950 and 2950a of the revised judicature act of 1961, 1961 PA 236, MCL 600.2950 and 600.2950a; conditional bond release orders, pursuant to section 6b of the code of criminal procedure, 1927 PA 175, MCL 765.6b; and child abuse prevention orders, pursuant to section 13a of the probate code of 1939, 1939 PA 288, MCL 712A.13a.
 (aa) "SNAP" means the Statewide Network of Agency Photos.
 (bb) "Statewide Network of Agency Photos" means the system maintained by the department that collects and disseminates images and related information.

R 28.5102.  Noncriminal justice agency access to certain CJI for noncriminal justice purposes.
   Rule 102.  (1) Notwithstanding any provision within these rules, access to CJI that is criminal history record information for a noncriminal justice purpose is not subject to these rules but remains subject to all applicable federal and state law, the FBI Criminal Justice Information Services Security Policy, the Michigan Addendum to the FBI Criminal Justice Information Services Security Policy, and any procedures or requirements established by the department.

   (2) As used in this rule, "noncriminal justice purpose" means access to CJI that is criminal history record information for use in connection with licensing or employment, or for a purpose unrelated to the administration of criminal justice that is not otherwise regulated under these rules, as authorized under federal law or a state statute pursuant to Public Law 92-544.

 
PART 2. ACCESS, ELIGIBILITY, AND DATA DISSEMINATION PROVISIONS
 
R 28.5201  Agency authorization for CJIS and CJI access.
   Rule 201.  (1) Access to LEIN, AFIS, and other information systems shall be CJIS and CJI is restricted to the following entities and persons:
      (a) A criminal justice agency.
      (b) A nongovernmental agency that is statutorily vested with arrest powers and whose has the primary function is of the administration of criminal justice.
      (c) A governmental agency or private contractor with the administration of criminal justice as its primary function and whose governing board has criminal justice agencies as the majority of its members.designated to perform criminal justice functions, as described under the following sections of the FBI Criminal Justice Information Services Security Policy, if the agency or contractor and the designating agency enter into an agreement that incorporates a management control agreement or CJIS Security Addendum, as applicable, and otherwise complies with any procedure or requirement prescribed by the department:
         (i) Section 5.1.1.4, Interagency and Management Control Agreements.
         (ii) Section 5.1.1.5, Private Contractor User Agreements and CJIS Security Addendum.
      (d) The department of state.
      (e) An agency authorized by statute.
      (f) An agency, entity, or person approved by the CSA/CSO for public safety criminal justice or official law enforcement purposes.
   (2) To qualify for obtain CSO approval as an authorized agency to access and use of LEIN, AFIS, and other information systems, CJIS, CJI, or both, an authorized agency, entity, or person shall do all the following:
      (a) Complete an application and user agreement as required by the department.
      (b) Submit a security plan to the ISO as required by the department.Assume all costs associated with the agency’s connection to CJIS, including, but not limited to, the leasing of hardware from the department.
      (c) Participate in audits as required by the department.Agree to pay fees for access or dissemination, as required in R 28.5414.
 (d) Complete a management control agreement as required by the department.
      (d)(e) Agree to comply with applicable state and federal statutes, the administrative these rules, the Michigan and Federal CJIS security policies, FBI Criminal Justice Information Services Security Policy, the Michigan Addendum to the FBI Criminal Justice Information Services Security Policy, and the any procedures outlined in the LEIN operations manual.or requirements prescribed by the department.
   (3) AgenciesAn authorized agency shall notify the department CSA/CSO in writing to obtain approval before making any changes affecting the agency’s access or connection to LEIN, AFIS, or other information systems.CJIS, as required by the department.
 
R 28.5202  NCIC access; authorized agencies.CJIS or CJI access; deny, limit, or terminate.
   Rule 202. Access to NCIC shall be restricted to agencies approved by the appropriate federal agency and the CSA/CSO.The CSO may deny, limit, or terminate an individual's or agency's access to CJIS, CJI, or both for 1 or more of the following reasons:
   (a) Failure to cooperate with a request from the CSO or the department for investigation of misuse of CJIS or CJI.
   (b) Violation of, or noncompliance with, these rules, applicable federal and state law, the FBI Criminal Justice Information Services Security Policy, the Michigan Addendum to the FBI Criminal Justice Information Services Security Policy, or any procedures or requirements prescribed by the department.
 
R 28.5208  LEIN, AFIS, and other information systems; use CJIS and CJI access and dissemination.
   Rule 208.  (1) Criminal justice agencies who create,  store,  or  maintain criminal justice information are considered the owners of those  records  and maintain all the rights and responsibilities of ownership of those records.
 (1)(2) Agencies who that access LEIN, AFIS, or other information systems CJIS and CJI shall comply with these rules.
 (2)(3) LEIN, AFIS, or other information systems shall CJIS and CJI must only be accessed and used for the following purposes:
 (a) The administration of criminal justice or public safety official law enforcement purposes.
 (b) For purposes consistent with the registration and regulation of vehicles, the licensing of drivers, and the REAL ID Act of 2005, Public Law 109-13, as authorized by law.
 (c) For purposes consistent with the enforcement of child support laws, child protection laws, or vulnerable adult protection laws, as authorized by law.
      (d) For any other purposes if, and to the extent, authorized by law.
 (3)(4) Except as permitted in these rules or if authorized by statute, information from LEIN, AFIS, or other information systems shall CJI must not be disseminated to an unauthorized agency, entity, or person.person, unless any of the following apply and a printout produced from LEIN or NCIC is not provided:
   (a) A criminal justice agency may communicate CJI to an individual or his or her legal representative regarding an active warrant, personal protection order, conditional bond order, or probation order pertaining to that individual, if the individual is identified to the satisfaction of the criminal justice agency.
   (b) A criminal justice agency may communicate CJI to an individual or his or her legal representative regarding an active order or disposition entered under section 464a of the mental health code, 1974 PA 258, MCL 330.1464a, for involuntary hospitalization or treatment, or under section 5107 of the estates and protected individuals code, 1998 PA 386, MCL 700.5107, for legal incapacitation, if the individual or his or her legal representative appears in-person and has been identified to the satisfaction of the criminal justice agency.
   (c) For the purpose of resolving outstanding warrants, a criminal justice agency may communicate warrant information, excluding PII, to an individual when a warrant from any jurisdiction is active in either LEIN or NCIC regarding an individual that is under the jurisdiction or supervision of that criminal justice agency.
 (4)(5) A Subject to subrule (5) of this rule, a person shall not access, use, or disclose information from LEIN, AFIS, or other information systems disseminate access or disseminate CJI for personal use or gain.
 (5) In the absence of a criminal justice purpose a criminal justice agency may only confirm to an individual whether an active warrant, a missing person, or report of stolen property exists in LEIN or NCIC from any jurisdiction if all of the following conditions are met:
      (a) The person or property being queried has been identified to the satisfaction of the criminal justice agency.
      (b) A printout produced from LEIN or NCIC is not provided.
      (c) A request for information in bulk is not processed.
   (6) A criminal justice agency may charge a nominal fee for information provided under subrule (5) of this rule.
   (7) A court may disseminate CJI to the extent necessary for the creation and maintenance of a court record, as defined by MCR 1.109 and 8.119.  Any further dissemination of CJI that is, or is part of, a court record must be otherwise authorized by law or these rules.
 (8) Images and associated name, sex, and age obtained from SNAP may be publicly disseminated by a federal, state, or local governmental agency for an official law enforcement purpose or as necessary to comply with a law of this state or of the United States.
 (9) Statistical information obtained from CJIS may be released by the department to any individual or public or private entity upon approval by the CSO, whether or not for a purpose otherwise expressed in these rules.  Statistical information must not contain PII or identifying information of any property.
 (6) The CSA/CSO may limit or terminate access to LEIN, AFIS, or other information systems for failure to cooperate with a request for investigation of misuse of LEIN, AFIS, or other information systems.
 (7) Nonpublic information may be released for public safety purposes consistent with these rules and applicable laws.
 
R 28.5209  Audit information; dissemination.Transaction Logs; release.
   Rule 209.  (1) A user agency's message transactions Subject to subrule (3) of this rule, an authorized agency's transaction logs may only be released to another agency under if the information is released under R 28.5208(2)(a) for a criminal justice or official law enforcement purpose and any either of the following conditions apply:
      (a) Upon written request from a local, county, state, or federal prosecuting attorney who shall specify criminal justice agency that specifies that the information is required is for a valid criminal justice or official law enforcement purpose.
      (b) A As required under a search warrant or subpoena court order authorized by a judge or magistrate.
 (c) Upon approval of the agency which initiated the messages.
 (2) Subject to subrule (3) of this rule, an authorized agency listed under R 28.5201(1) that is not a criminal justice agency may only receive information from transaction logs if the information is released under R 28.5208(2)(b) or (c) and the agency's receipt of the information is authorized by law or rule.
 (d) The CSO may release audit information to facilitate investigations of misuse.
 (3)(2) A user agency's message transactions An authorized agency's transaction logs may be released for noncriminal justice purposes a purpose not listed under R 28.5208(2) if either of the following conditions is satisfied:
 (a) The the records are essential to issues raised in an administrative hearing or civil action related to the misuse or accuracy of LEIN, AFIS, or other information systems CJIS, and the records are sought pursuant to a court order or subpoena authorized by a judge, magistrate, or administrative hearing officer.
 (b) The records are essential information in a civil action to demonstrate the accuracy of LEIN, AFIS, or other information systems, and the records are sought pursuant to a valid court order.
 (4)(c) In either subdivision (a) or (b) of this subrule, the person requesting the information must agree to limit dissemination of information from LEIN, AFIS, or other information systems for the purposes of the hearing or civil action.Information or records released under this rule must not be accessed or disseminated for any other purpose unless authorized by law or rule.
 
R 28.5210  Department release of CJI for certain research, statistical, or governmental projects.
   Rule 210.  (1) The department may disseminate CJI from AFIS, ALIAS, or SNAP for research, statistical, or governmental projects in accordance with this rule.
   (2) The department shall not disseminate CJI under this rule unless all of the following apply:
      (a) The CSO has approved of the proposed dissemination of CJI upon determination that the criteria described in subrule (3) of this rule has been met.
      (b) The recipient of the CJI is an agency or entity listed under R 28.5201, an academic institution, or a government entity.
      (c) The recipient of the CJI has submitted to the department a completed user agreement, in a manner determined by the department, stipulating to all of the following:
         (i) Any CJI disseminated by the department shall only be used for the proposed project, and the recipient of the CJI shall not disseminate the CJI for any purpose.
         (ii) The recipient of the CJI shall destroy the CJI immediately after the CJI is no longer needed for the approved project or the approved project has concluded, whichever occurs first.
         (iii) The recipient of the CJI shall comply with any applicable federal and state law, these rules, the FBI Criminal Justice Information Services Security Policy, the Michigan Addendum to the FBI Criminal Justice Information Services Security Policy, and any procedures or requirements prescribed by the department.
         (iv) The department shall not disseminate CJI that is non-public or is otherwise prohibited from being disseminated by state or federal law.
         (v) Any CJI disseminated by the department shall not contain PII, unless the dissemination of the PII is lawful and approved by the CSO.  
   (3) The CSO may approve or deny a proposal for the dissemination of CJI under this rule.  The CSO shall ensure the following criteria are met before approving the proposed dissemination of CJI: 
      (a) The proposed project is funded in full or in part with grant or public funds.
      (b) The proposed project is for the purpose of developing and measuring, evaluating, or otherwise advancing the state of knowledge in a particular area, or if the recipient of the CJI is a governmental entity, the purpose is intended to advance a public purpose related to the government entity's official functions.
      (c) The department would not be unreasonably burdened by the proposed project or adequately processing the proposed dissemination of CJI.  An unreasonable burden includes, but is not limited to, any of the following:
         (i) Excessive financial or operational resources are required to adequately process the proposed dissemination of CJI or to provide oversight of the proposed project to ensure compliance with this rule, including the user agreement under subrule (2) of this rule.
         (ii) The proposed project's direct or indirect benefit to the department does not justify the financial or operational resources necessary to adequately process the proposed dissemination of CJI or to oversee the proposed project to ensure compliance with this rule, including the user agreement under subrule (2) of this rule.
         (iii) The proposed project or dissemination of CJI may cause undue disruption to the department or bring the department or its employees or agents into disrepute. 
   (4) The determination of the CSO under subrule (3) of this rule is final and is not subject to appeal or challenge.  The CSO shall, within a reasonable period of time, provide to the department and the proposed recipient of the CJI a written explanation for the reason or reasons supporting the CSO's denial or approval of the proposed dissemination of CJI.
 
R 28.5211  Dissemination of CJI for certain mass casualty, catastrophic, or unforeseen events.
Rule 211.  (1) The department may disseminate CJI, with the approval of the CSO and the Director, for the following purposes:
      (a) A mass casualty or catastrophic event where the dissemination of CJI is necessary for the identification of victims.  For purposes of this rule, “mass casualty” means any number of casualties or victims that exceed the resources normally available from local resources.  A “catastrophic event” includes, but is not limited to, a Governor’s or Presential declaration of a disaster or state of emergency, natural disaster, etc.
      (b) Any unforeseen circumstances where the disclosure of CJI is immediately necessary in the interest of homeland security.
 
PART 4. RECORDS
 
R 28.5401  Records responsibility.
   Rule 401.  (1) An agency is responsible for the accuracy and completeness of any record it enters into LEIN, AFIS, NCIC, and other information systems.CJIS.  Each record in the file shall must be identified with the agency that entered the record.  Each agency shall validate records as required by Michigan and FBI CJIS policy policies. Both of the following shall apply:
      (a) An agency that fails to comply with the validation and certification requirements within the prescribed time period shall have its records removed from LEIN, NCIC, and other information systems CJIS as required by state and  federal policyMichigan and FBI CJIS policies.
      (b) An agency that requires more than the specified time to validate its records shall submit a written request to the CSO for a reasonable time extension.
   (2) Agencies may execute an agreement to allow an agency to enter records for another agency.
   (3) An agency shall maintain complete and accurate files of all active records which that are entered into LEIN, NCIC, or both, CJIS and shall ensure that the files are readily accessible to any person who is responsible for confirming the validity of records upon inquiry.  Both of the following shall apply:
      (a) An agency shall establish procedures to ensure that, upon inquiry, all records that are entered into either LEIN or NCIC files can be promptly confirmed as valid.
      (b) An agency shall either maintain a 24-hour-a-day, seven-days-a-week operation or shall establish an alternative record verification procedure.
 (4) If, following an inquiry, a positive response is received from LEIN or NCIC which indicates that a person is wanted or missing or that property is stolen, the agency shall immediately contact the agency listed on the record as responsible to confirm.
 
R  28.5402  Timely entry and removal of records.
   Rule 402.  (1) An agency shall immediately enter all records ensure all records are immediately entered into LEIN, NCIC, AFIS, or other information systems after becoming aware of the need to do so, except in cases where CJIS, unless immediate entry may jeopardize a criminal investigation.
   (2) All records entries shall be made must be entered into CJIS pursuant to the procedures provided by the department (CSA/CSO) and any applicable statute.  Agencies shall ensure records are successfully entered into the appropriate CJIS.
   (3) An agency shall immediately remove a record from CJIS when the record is no longer valid. Agencies shall ensure records are successfully removed from the appropriate CJIS.
 (4)(3) Courts A court may enter or remove records with a record if there is a mutual agreement of all agencies involved.
 (5) Pursuant to section 26a of the Code of Criminal Procedure, 1927 PA 175, MCL 764.26a, and section 3 of 1925 PA 289, MCL 28.243, upon receipt of an appropriate order entered by district or circuit court in a case in which any criminal charge resulting in an arrest is dismissed before trial, the department shall destroy and expunge the arrest record and biometric data existing because of the dismissed charge or charges and remove any LEIN entry concerning the dismissed charge or charges.  As used in this subrule, an "appropriate order" is a written order that explicitly directs the department to destroy and expunge the arrest record and biometric data and remove any LEIN entry concerning the charge or charges dismissed before trial and identifies the charged individual and the applicable case number.
 (6) A record may be removed from CJIS if the CSO has a substantial question concerning the record's validity or accuracy.  Immediately upon the removal of any record, the CSO shall notify the entering agency of the action taken.
 
R  28.5404  Rescinded. Record and broadcast message cancellation; record removal.
 Rule 404.  (1) An agency shall promptly cancel a record from both LEIN and NCIC files when the record is no longer valid.
 (2) An agency that initiates a broadcast message which is disseminated through the LEIN or NCIC and which requests that a person be arrested or that property be recovered shall ensure that the broadcast message is cancelled when it is no longer valid.
 (3) A record may be removed from CJIS or NCIC if the CSO has a substantial question concerning the record's validity or accuracy.  Immediately upon the removal of any record, the CSO shall notify the entering agency of the action taken.
 
R  28.5414  Fees for access to LEIN services.to information from CJIS.
   Rule 414.  (1) The department shall assess fees annually a one-time agency fee of $1.00 for access to LEIN services.information from CJIS.  The department may waive this fee.
 Each agency or entity having been granted access to LEIN  shall  pay  to  the department the fees listed  in  subrule  (2)  of  this  rule.   Both  of  the following apply:
 (a) The department shall notify each agency or entity in writing of the fees for which they are responsible.  The notification shall be mailed as soon as practical after the beginning of each state fiscal year.
 (b) The notification shall identify a deadline by which payment must be made.  The deadline shall be not less than 90 days from the date of mailing.
 (2) Agencies or entities having LEIN access shall pay each of the following fees, as applicable:
 (a) Law Enforcement Per Capita Fee - $12.00 per officer.  This fee  shall  be determined by officer  staffing  reported  by  the  agency  to  the  Michigan Incident Crime Reporting (MICR) program.  Officer staffing reported  to  the Michigan commission on law enforcement standards shall be used  to  determine this fee for agencies not reporting to the MICR.
 (b) Agency Fee - $800.00.  This fee shall be assessed to each agency in  the LEIN.
 (c) Station Fee - $2,000.00.  This fee shall be assessed  for  each  personal computer that receives unsolicited messages, or a mainframe, message  switch, or server connected to the LEIN.
 (d) Federal, Private, or Noncriminal Justice Agency Surcharge -  $2,500.00.This fee shall be assessed for each federal, private, or noncriminal  justice agency having access to the LEIN.
 (e) For-Profit Vendor Fee - $10,000.00.
 (3)  The department may assess fees on a  prorated  basis  to  agencies  or entities granted LEIN access after the annual fee  assessments  described  in subrule (1) of this rule.
 (4) Agencies or entities that have not paid the required fees 30 days after the deadline for payment shall be notified by the department  in  writing  of their delinquent status.
 (5) The department may suspend or reduce LEIN services provided to agencies or entities that have not paid the required fees 90 days after  the  deadline for payment.  Both of the following apply:
 (a) The decision to suspend or reduce services shall  be  within  the  sole discretion of the department.
 (b) At least 10 business days before suspending or reducing LEIN  services, the department shall notify the head of the  affected  agency  or  entity  in writing.