§ 15.240Options by requesting person; appeal; actions by public body; receipt of written

appeal; judicial review; civil action; venue; de novo proceeding; burden of proof; private
 view of public record; contempt; assignment of action or appeal for hearing, trial, or
 argument; attorneys' fees, costs, and disbursements; assessment of award; damages.
 Sec. 10.
    (1) If a public body makes a final determination to deny all or a portion of a request, the
 requesting person may do 1 of the following at his or her option:
    (a) Submit to the head of the public body a written appeal that specifically states the word
 "appeal" and identifies the reason or reasons for reversal of the denial.
    (b) Commence a civil action in the circuit court, or if the decision of a state public body is at
 issue, the court of claims, to compel the public body's disclosure of the public records within
 180 days after a public body's final determination to deny a request.
    (2) Within 10 business days after receiving a written appeal pursuant to subsection (1)(a),
 the head of a public body shall do 1 of the following:
    (a) Reverse the disclosure denial.
    (b) Issue a written notice to the requesting person upholding the disclosure denial.
    (c) Reverse the disclosure denial in part and issue a written notice to the requesting person
 upholding the disclosure denial in part.
    (d) Under unusual circumstances, issue a notice extending for not more than 10 business
 days the period during which the head of the public body shall respond to the written appeal.
 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).


                                                                   Michigan Compiled Laws Complete Through PA 91 of 2026
Rendered Saturday, September 5, 2026            Page 11 of 20                               Courtesy of legislature.mi.gov

 If the head of the public body fails to respond to a written appeal pursuant to subsection (2), or
 if the head of the public body upholds all or a portion of the disclosure denial that is the
 subject of the written appeal, the requesting person may seek judicial review of the
 nondisclosure by commencing a civil action under subsection (1)(b).
    (4) In an action commenced under subsection (1)(b), a court that determines a public record
 is not exempt from disclosure shall order the public body to cease withholding or to produce
 all or a portion of a public record wrongfully withheld, regardless of the location of the public
 record. 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 has venue over the
 action. The court shall determine the matter de novo and the burden is on the public body to
 sustain its denial. The court, on its own motion, may view the public record in controversy in
 private before reaching a decision. 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 a person asserting the right to inspect, copy, or receive a copy of all or a portion of a
 public record prevails in an action commenced under this section, the court shall award
 reasonable attorneys' fees, costs, and disbursements. If the person or public body prevails in
 part, 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 refusal or delay in disclosing or providing
 copies of a public record, the court shall order the public body to pay a civil fine of $1,000.00,
 which shall be deposited into the general fund of the state treasury. The court shall award, in
 addition to any actual or compensatory damages, punitive damages in the amount of $1,000.00
 to the person seeking the right to inspect or receive a copy of a public record. The 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.