Michigan Department of Attorney General Written Public Summary of the Department's FOIA Procedures and Guidelines

A. How to submit written requests.

FOIA requests to the Attorney General can be sent by email or mail to:

Requests must include a name, phone number, and mailing address.

B. How to understand the Department's written responses to FOIA requests.

The Department has several options when responding to written requests for public records. It can grant the FOIA request, deny the request, grant it in part and deny it in part, or take one 10 business day extension. After 10 business days pass, the Department must issue a notice containing its disclosure determination.

If the request is granted or granted in part and denied in part, the Department may charge a fee if the time to process the request exceeds two hours. Fees are authorized by statute, and you will receive the statutorily required detailed itemization fee form. The Department may require you to pay a good-faith deposit before it processes your request. After you pay the deposit, the Department will commence processing your request. Upon payment of the final balance, the Department will produce nonexempt records in its possession.

If all or part of your request is denied, the Department will inform you of your right to appeal the determination or file a lawsuit.

C. Fee calculations.

The FOIA permits the Department to charge a fee to process a FOIA request if failure to charge a fee would result in unreasonably high costs to the Department because of the nature of the request in the particular instance, and the Department specifically identifies the nature of the unreasonably high costs. The Department provides each requester with a form that gives the requester a detailed itemization (PDF) of the charges for the following costs:

1. the costs of labor for the search, location, and examination of public records;
2. the costs of labor for the review of public records and separation and deletion of exempt from nonexempt material;
3. the cost of non-paper physical media;
4. the cost of duplication and publication of public records;
5. the costs of labor for the duplication or publication of public records;
6. the actual cost of mailing public records.

D. Deposit requirements.

If the Department estimates a fee to process a FOIA request greater than $50.00, the Department will require a good-faith deposit from you before commencing the processing of your request. The deposit shall not exceed 1/2 of the total estimated fee. The written notice will indicate if a deposit is required and a best efforts estimate of time to complete the processing of the request. The time frame estimate is not binding upon the Department, but the Department shall provide the estimate in good-faith and strive to be reasonably accurate.

E. Avenues for challenge and appeal.

If the Department charges a fee or denies all or part of a request, you may submit to the head of the Department a written appeal that specifically states the word "appeal" and identifies the basis for which the fee should be reduced, or the disclosure determination should be reversed.