TrustVoting Atlas

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.


                                                                   Michigan Compiled Laws Complete Through PA 91 of 2026
Rendered Saturday, September 5, 2026            Page 12 of 20                               Courtesy of legislature.mi.gov

    (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).




                                                                Michigan Compiled Laws Complete Through PA 91 of 2026
Rendered Saturday, September 5, 2026         Page 13 of 20                               Courtesy of legislature.mi.gov

    (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.