MI SB0712

Electronic FOIA requests are not considered received until 1 business day after transmission, with an exception if the request lands in a spam or junk-mail folder (timing begins when the public body becomes aware of it).

Public bodies must respond to FOIA requests within 5 business days by granting, denying, partially granting, or issuing a single extension notice for up to 10 business days.

Failure to respond constitutes a denial if the failure was willful and intentional, or if the request clearly indicated it was a FOIA request through specific language or subject line indicators within the first 250 words.

Denial notices must include the legal basis for exemption, confirmation that records don't exist, explanation of separated/deleted information, and full details of the requester's right to appeal or seek judicial review and potential attorney fees.

Public bodies maintaining law enforcement records management systems are not considered custodians of records stored for subscribing agencies and must notify requesters within 10 business days to contact the actual subscribing public body directly.