MI HB5489

Public bodies must respond to FOIA requests within 5 business days using the same medium (mail, email, fax) in which the request was received, unless otherwise agreed to in writing.

Electronic transmission requests are not considered received until 1 business day after sending; if delivered to spam or junk-mail folders, they are not received until the public body becomes aware of them, and the body must record both delivery and discovery times.

Failure to respond within the deadline constitutes a final denial only if the failure was willful and intentional, or if the request clearly indicated it was a FOIA request within the first 250 words or by including specific keywords like "FOIA," "freedom of information," or "copy" on the envelope or email subject line.

Written denial notices must include the legal basis for denial, whether the record exists, descriptions of separated or deleted information, and full explanation of the requester's right to appeal to the agency head or seek judicial review.

Requesters who prevail in court can recover attorney fees and damages if the court determines the public body failed to comply with response requirements and orders disclosure of all or part of the requested record.