Michigan Freedom of Information Act

Response Timeline

5 business days from receipt (MCL 15.235(2)). Electronic requests deemed received 1 business day after transmission. One extension of up to 10 business days permitted with written notice. Failure to respond within deadline constitutes final denial. Only 1 extension notice per request.

No residency requirement. Any 'person' may request records. Incarcerated individuals are excluded from making FOIA requests (MCL 15.232(h)).

How to Submit a Request

Accepted Methods

• Written — Written request required - mail, email, fax, or hand-delivered
• In person — May inspect records in person during regular business hours
• Online portal — Many agencies accept electronic submissions

Written request required; must describe records sufficiently. Agencies must have published FOIA procedures and guidelines (2015 amendment). Request must be directed to FOIA coordinator.

Required Elements

• Written request describing records sought
• Sufficient specificity to enable identification of records

Optional Elements

• Preferred format
• Whether requesting inspection or copies

Fees

Fees limited to 'actual incremental cost of duplication or publication, including labor, the cost of search, examination, review, and deletion and separation' (MCL 15.234(1)). Search fees generally prohibited unless failure to charge would result in unreasonably high costs (MCL 15.234(3)). Must use lowest-paid capable employee. 2015 amendments tightened fee rules significantly.

Fee Waivers

• Waiver where disclosure primarily benefits the general public (MCL 15.234(2))
• First $20 waived upon sworn affidavit of indigency; limited to twice per calendar year (MCL 15.234(l))

Public interest waiver available. Indigency waiver capped at $20 per request, maximum twice per calendar year.

Exemptions

• Information of a personal nature where disclosure would be a clearly unwarranted invasion of privacy (MCL 15.243(1)(a))
• Records compiled for law enforcement purposes that would interfere with proceedings or deprive right to fair trial (MCL 15.243(1)(b))
• Trade secrets and proprietary business information voluntarily provided (MCL 15.243(1)(f))
• Attorney-client privileged communications
• Personnel records including disciplinary materials and evaluations
• Advisory communications within public body preliminary to final agency determination
• Information protected by federal law (HIPAA, FERPA, DPPA) (MCL 15.243(2))
• Records related to security measures and vulnerability assessments
• University presidential search documents (MCL 15.243(x))
• Medical, counseling, or psychological facts or evaluations

Exemptions in MCL 15.243. Burden on public body to justify withholding. Must provide detailed written explanation citing specific exemption. 2015 amendments added fee dispute appeal procedures.

Appeal Process

180-day deadline for administrative appeal. Head of public body must respond within 10 business days. Circuit Court action available with priority consideration. Agency bears burden of proof.

Request Templates

Records Retention

MCL 18.1284-18.1292; MCL 750.491

View retention law →

Retention schedule catalog →

All official government records are declared public property. Destroying records without an approved Retention and Disposal Schedule is a misdemeanor under MCL 750.491. Schedules must be approved by Records Management Services, the Archives of Michigan, and the State Administrative Board.

Sources & References

• Full text of law →
• Primary source →
• RCFP Open Government Guide — Michigan →
• NFOIC State FOI Resources →