How do I file a public records request in Michigan?

1. Statute. Michigan Freedom of Information Act, MCL §§ 15.231-15.246. Note: the Governor's office and Legislature are exempt from FOIA—a frequent point of contention.

2. Who Can Request. Any person—including non-residents and corporations—except inmates of correctional facilities (§ 15.232(d)).

3. Form of Request. Written, including email and fax. Must describe records sufficiently to enable the agency to find them. Agency must provide a written notice if records cannot be located.

4. Agency Response Deadline. 5 business days from receipt (§ 15.235(2)). May extend by 10 business days with written notice. Failure to respond is a deemed denial.

5. Fees. Detailed fee provisions (§ 15.234): labor at the lowest-paid qualified employee's hourly rate, plus copy cost ($0.10 per page typical), plus mailing. Agency must provide a detailed itemization. Indigent requesters get the first $20 of fees waived (one waiver per calendar year per agency).

6. Exemptions. § 15.243: personal privacy, ongoing investigations, attorney-client privilege, trade secrets, internal communications of frank discussion (deliberative process), test questions, security measures, certain personnel info.

7. Redaction. Agency must redact exempt info and provide the rest (§ 15.244).

8. Denial & Appeal. Written denial must cite the specific exemption (§ 15.235(5)). Requester may submit a written appeal to the head of the agency within 180 days (§ 15.240(1)(a)); head must respond within 10 business days.

9. Court Action. Civil action in circuit court (§ 15.240(1)(b)). De novo review.

10. Penalties. Punitive damages of $1,000 for arbitrary and capricious violations (§ 15.240(7)). Civil fines up to $7,500 for willful violations (§ 15.240b). Attorney fees and costs mandatory if requester prevails (§ 15.240(6)).

This is legal information, not legal advice.