Order Michigan Supreme Court Lansing, Michigan July 5, 2013 Robert P. Young, Jr., Chief Justice 146694 Michael F. Cavanagh Stephen J. Markman Mary Beth Kelly Brian K. Zahra Bridget M. McCormack DISCOUNT TIRE CO., David F. Viviano, Petitioner-Appellee, Justices v SC: 146694 COA: 307038 Court of Claims: 10-000026-MT DEPARTMENT OF TREASURY, Respondent-Appellant.

____________________________________/ On order of the Court, the application for leave to appeal the November 6, 2012 judgment of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we VACATE that portion of the Court of Appeals opinion holding that Mich Admin Code R 205.16 is invalid. The Court of Appeals did not need to reach this issue because, as it correctly held, the petitioner met the requirements of that rule. In all other respects, leave to appeal is DENIED, because we are not persuaded that the remaining questions presented should be reviewed by this Court.

I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court.

July 5, 2013 p0702 Clerk