Michigan FOIA procedures
From Sunshine Review
The Michigan Attorney General's Office has produced a summary of the Michigan Freedom of Information Act, which details the procedure for filing an FOIA request.
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[edit] Agencies Affected by Michigan FOIA
The Freedom of Information Act sets requirements for the disclosure of public records by all “public bodies” in the state. All state agencies, county and other local governments, school boards, other boards, departments, commissions, councils, and public colleges and universities are covered.
[edit] Making A Request
Requests must be made in writing and provided to the FOIA coordinator of the public body. The request need not be made using forms provided by the agency or on official letterhead. Michigan FOIA allows a person may ask to inspect, copy or receive a copy of a public record. There are no qualifications such as residency or age that must be met in order to make a request.
[edit] Response to a Request
Not more than five business days after receiving a request, the public body must respond to a request for a public record. The public agency can, notify the requester in writing and extend the time for an additional ten business days. If a request for a record is denied, written notice of the denial must be provided to the requester within five business days, or within 15 business days if an extension is taken. A failure to respond at all constitutes a denial.
[edit] Allowing Access to Information
The public body or agency has a responsibility to provide reasonable facilities so that persons making a request may examine and take notes from public records. The facilities must be available during the normal business hours of the public body.
[edit] Fees for FIOA Requests
A government agency may charge a fee for the necessary copying of a public record for inspection or providing a copy of a public record to a requestor. A public body may also charge for search, examination and review and the separation of exempt information in those instances where failure to charge a fee would result in unreasonably high costs to the public body. The fee must be limited to actual duplication, mailing and labor costs. The first $20 of a fee must be waived for a person who is on welfare or presents facts showing inability to pay because of indigency.
[edit] Appealing the Denial of a Records Request
A person may appeal a final decision to deny a request to the head of the public body. The head of the public body has 10 days to respond to the appeal. Under unusual circumstances, an additional 10 days may be taken. A person also has the right to commence an action in circuit court to compel disclosure of public records. The suit must be filed within 180 days after the public body's final decision to deny a request.
The action may be brought in the county where the requester lives, the county where the requester does business, the county where the public document is located, or a county where the agency has an office.
