Michigan Department of Treasury Written Public Summary of the Department's Freedom of Information Act Procedures and Guidelines
Summary of Procedures and Guidelines
1. How To Submit Written Requests
Freedom of Information Act (FOIA) requests to the Michigan Department of Treasury (Treasury) can be sent by email or mail. A request must include the requesting person’s complete name, address, and contact information. Contact information must also include a valid telephone number or electronic mail address. MCL 15.233(1)
Michigan Department of Treasury
Attn. FOIA Coordinator
P.O. Box 30716
Lansing, MI 48909
2. How To Understand Treasury's Written Responses To FOIA Requests
Treasury 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 ten-business day extension. After ten business days pass, Treasury must respond with one of the other options.
If the request is granted or granted in part and denied in part, Treasury can also charge a fee to process the request. There is no fee for requests that do not require Treasury to incur costs above the threshold set in its procedures and guidelines. Fees are calculated using Treasury’s procedures and guidelines and the requester will receive a detailed itemization of the fee. Treasury may require a good faith deposit before it processes a request. After any deposit and final balance due are paid, Treasury will produce records in its possession that fall within the scope of the request and that legally may be disclosed to the public. Treasury may also notify the requester that some of the records requested are available on its website.
If the request is denied, Treasury will inform the requester of the basis for its denial in a written notice. Reasons Treasury may deny a request include:
- Requested records are not described well enough, and Treasury cannot determine what the requester is asking for
- Treasury has determined that it does not have records in its possession that respond to the request
- The requested records are exempt from public disclosure.
If all or part of a request is denied, Treasury will inform the requester of their right to appeal its denial to the head of Treasury and/or to file a lawsuit against Treasury in its written response.
3. Deposit Requirements
If Treasury estimates a fee to process a FOIA request greater than $100.00, Treasury will require a good-faith deposit before providing the public records. The deposit shall not exceed one-half of the total estimated fee. Any written notice containing a notice of a deposit shall also contain a best effort estimate by Treasury regarding the time frame after a deposit is received that it will take Treasury to provide the public records. The time frame estimate is not binding upon Treasury, but Treasury shall provide the estimate in good faith and strive to be reasonably accurate and to provide the public records in a manner based on this State’s public policy under Section 1 of the FOIA, MCL 15.231, and the nature of the request in the particular instance.
4. Fee Calculations
The FOIA permits Treasury to charge a fee to process FOIA requests and will provide a detailed itemization of the costs involved. Treasury may charge for the following costs:
- Labor for the search, location, and examination of public records
- Labor for the review of public records and separation and deletion of exempt from nonexempt material
- Non-paper physical media
- Duplication and publication of public records
- Labor for the duplication or publication of public records
- Mailing public records
5. Avenues For Challenge And Appeal
If Treasury charges a fee or denies all or part of a request, the requester may submit to the head of Treasury 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. Written appeals may be sent to the email address or mailing address listed above and will be forwarded to the State Treasurer or the person designated by the State Treasurer to respond to written appeals.