Fillable Form 2: FOIA Appeal FormTo Appeal an Excess (Bay County, Michigan)

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Form 2: FOIA Appeal FormTo Appeal an Excess (Bay County, Michigan)

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Bay County FOIA Coordinator
515 Center Avenue, Ste. 40
2
Bay City, MI 48708 (989) 895-4131; FAX 989-895-2094
FOIA
Appeal Form—To Appeal an Excess Fee
Michigan Freedom of Information Act, Public Act 442 of 1976, MCL 15.231, et seq.
Request No.: __________ Date Received: ___________ Check if received via: Email Fax Other Electronic Method
Date of This Notice: _________________ Date delivered
to junk/spam folder: _______________
(Please Print or Type) Date discovered in junk/spam folder: _______________
Request for:
Copy
Certified copy
Record inspection
Subscription to record issued on regular basis
Delivery Method:
Will pick up
Will make own copies onsite
Mail to address above
Email to address above
Deliver on digital media provided by the county: ___________________________________________________________________________
Record(s) You Requested: (Listed here or see attached copy of original request)
_____________________________________________________________________________________________________________________
_____________________________________________________________________________________________________________________
Reason
(s) for Appeal:
The appeal must specifically identify how the required fee(s) exceed the amount permitted. You may use this form or attach additional sheets:
______________________________________________________________________________________________________________________
______________________________________________________________________________________________________________________
______________________________________________________________________________________________________________________
Requestor’s Signature: ___________________________________________________________________________Date: __________________
County R
esponse:
The county must provide a response within 10 business days after receiving this appeal, including a determination or taking one 10-day extension.
County Extension: We are extending the date to respond to your FO
IA fee appeal for no more than 10 business days, until _______________
(month, day, year). Only one extension may be taken per FOIA appeal.
Unusual circumstances warranting extension: ________________________________________________________________________________
________________________________________________________________________________
If you have any questions regarding this extension, contact:
County Determination:
Fee Waived
Fee Reduced
Fee Upheld
Written basis for county determination:
_____________________________________________________________________________________________________________________
_____________________________________________________________________________________________________________________
Name
Phone
Firm/Organization
Fax
Street
Email
City
State
Zip
Notice of Requestor’s Right to Seek Judicial Review
You are entitled under Section 10a of the Michigan Freedom of Information Act, MCL 15.240a, to appeal a FOIA fee that you believe exceeds the
amount permitted under the county’s written Procedures and Guidelines to the county board of commissioners or to commence an action in the
Circuit Court for a fee reduction within 45 days after receiving the notice of the required fee or a determination of an appeal to the county board of
commissioners. If a civil action is commenced in court, the county is not obligated to compete processing the request until the court resolves the
fee dispute. If the court determines that the county required a
fee that exceeded the permitted amount, the court shall reduce the fee to a
permissible amount. (See back of this form for additional information on your rights.)
Signature of FOIA Coordinator:
Date:
County: Keep original
and provide copy of both
sides, along with Public
Summary, to requestor at
no charge.
County: Keep original and
provide copy of both sides,
along with Public Summary,
to requestor at no charge.
.
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FREEDOM OF INFORMATION ACT (EXCERPT)
Act 442 of 1976
15.240a.added Fee in excess of amount permitted under procedures and guidelines or MCL 15.234.
Sec. 10a.
(1) If a public body requires a fee that exceeds the amount permitted under its publicly available procedures and guidelines or section 4, the
requesting person may do any of the following:
(a) If the public body provides for fee appeals to the head of the public body in its publicly available procedures and guidelines, submit to the head of
the public body a written appeal for a fee reduction that specifically states the word "appeal" and identifies how the required fee exceeds the amount
permitted under the public body's available procedures and guidelines or section 4.
(b) Commence a civil action in the circuit court, or if the decision of a state public body is at issue, in the court of claims, for a fee reduction. The
action must be filed within 45 days after receiving the notice of the required fee or a determination of an appeal to the head of a public body. If a civil
action is commenced against the public body under this subdivision, the public body is not obligated to complete the processing of the written
request for the public record at issue until the court resolves the fee dispute. An action shall not be filed under this subdivision unless 1 of the
following applies:
(i) The public body does not provide for appeals under subdivision (a).
(ii) The head of the public body failed to respond to a written appeal as required under subsection (2).
(iii) The head of the public body issued a determination to a written appeal as required under subsection (2).
(2) Within 10 business days after receiving a written appeal under subsection (1)(a), the head of a public body shall do 1 of the following:
(a) Waive the fee.
(b) Reduce the fee and issue a written determination to the requesting person indicating the specific basis under section 4 that supports the
remaining fee. The determination shall include a certification from the head of the public body that the statements in the determination are accurate
and that the reduced fee amount complies with its publicly available procedures and guidelines and section 4.
(c) Uphold the fee and issue a written determination to the requesting person indicating the specific basis under section 4 that supports the required
fee. The determination shall include a certification from the head of the public body that the statements in the determination are accurate and that the
fee amount complies with the public body's publicly available procedures and guidelines and section 4.
(d) Issue a notice extending for not more than 10 business days the period during which the head of the public body must respond to the written
appeal. The notice of extension shall include a detailed reason or reasons why the extension is necessary. The head of a public body shall not issue
more than 1 notice of extension for a particular written appeal.
(3) A board or commission that is the head of a public body is not considered to have received a written appeal under subsection (2) until the first
regularly scheduled meeting of that board or commission following submission of the written appeal under subsection (1)(a).
(4) In an action commenced under subsection (1)(b), a court that determines the public body required a fee that exceeds the amount permitted under
its publicly available procedures and guidelines or section 4 shall reduce the fee to a permissible amount. Venue for an action against a local public
body is proper in the circuit court for the county in which the public record or an office of the public body is located. The court shall determine the
matter de novo, and the burden is on the public body to establish that the required fee complies with its publicly available procedures and guidelines
and section 4. Failure to comply with an order of the court may be punished as contempt of court.
(5) An action commenced under this section and an appeal from an action commenced under this section shall be assigned for hearing and trial or
for argument at the earliest practicable date and expedited in every way.
(6) If the requesting person prevails in an action commenced under this section by receiving a reduction of 50% or more of the total fee, the court
may, in its discretion, award all or an appropriate portion of reasonable attorneys' fees, costs, and disbursements. The award shall be assessed
against the public body liable for damages under subsection (7).
(7) If the court determines in an action commenced under this section that the public body has arbitrarily and capriciously violated this act by
charging an excessive fee, the court shall order the public body to pay a civil fine of $500.00, which shall be deposited in the general fund of the
state treasury. The court may also award, in addition to any actual or compensatory damages, punitive damages in the amount of $500.00 to the
person seeking the fee reduction. The fine and any damages shall not be assessed against an individual, but shall be assessed against the next
succeeding public body that is not an individual and that kept or maintained the public record as part of its public function.
(8) As used in this section, "fee" means the total fee or any component of the total fee calculated under section 4, including any deposit.
History: Add. 2014, Act 563, Eff. July 1, 2015
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Form 2: FOIA Appeal FormTo Appeal an Excess (Bay County, Michigan)

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Completed 17 July 2020

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