FREEDOM OF INFORMATION ACT (EXCERPT)
Act 442 of 1976
15.241 Matters required to be published and made available by state agencies; form of publications; effect on person of matter not published and made available; exception; action to compel compliance by state agency; order; attorneys' fees, costs, and disbursements; jurisdiction; definitions.
(1) A state agency shall publish and make available to the public all of the following:
(a) Final orders or decisions in contested cases and the records on which they were made.
(b) Promulgated rules.
(c) Other written statements which implement or interpret laws, rules, or policy, including but not limited to guidelines, manuals, and forms with instructions, adopted or used by the agency in the discharge of its functions.
(2) Publications may be in pamphlet, loose-leaf, or other appropriate form in printed, mimeographed, or other written matter.
(3) Except to the extent that a person has actual and timely notice of the terms thereof, a person shall not in any manner be required to resort to, or be adversely affected by, a matter required to be published and made available, if the matter is not so published and made available.
(4) This section does not apply to public records which are exempt from disclosure under section 13.
(5) A person may commence an action in the circuit court to compel a state agency to comply with this section. If the court determines that the state agency has failed to comply, the court shall order the state agency to comply and shall award reasonable attorneys' fees, costs, and disbursements to the person commencing the action. The circuit court for the county in which the state agency is located shall have jurisdiction to issue the order.
(6) As used in this section, “state agency”, “contested case”, and “rules” shall have the same meanings as ascribed to those terms in Act No. 306 of the Public Acts of 1969, as amended, being sections 24.201 to 24.315 of the Michigan Compiled Laws.
History: 1976, Act 442, Eff. Apr. 13, 1977
Popular Name: Act 442
Popular Name: FOIA
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