Michigan FOIA Knowledge Center
Michigan FOIA Denials, Redactions, and “No Records” Responses
A written denial is more than a “no.” Michigan law specifies information the notice must contain, including the exemption basis, appeal rights, and information about attorney fees and damages.
Required contents
A denial should explain the statutory basis for withholding, certify nonexistence when that is the reason, describe separated or deleted information, explain administrative and judicial review, and provide the required notice about fees and damages.
Redaction is partial denial
When exempt information can be separated, the remaining record must be produced. Ask whether the body considered segregability, what categories were removed, and why the exemption applies to each category.
Records do not exist
FOIA does not require creation of a nonexistent record. But a denial based on nonexistence should include the statutory certification. Consider whether the request used the record’s likely official name, identified the correct custodian, and included reasonable aliases.
Preserve the final determination
Keep the complete response and attachments. The date and wording may determine whether the response is a final denial, what was contested, and when review periods began.
Build a record before deciding what comes next
Save the denial exactly as received, including attachments and envelope or email metadata. Compare it with the original request category by category. A partial production can obscure the fact that one category was never addressed at all.
Before appealing, identify the precise problem: an unsupported exemption, missing segregation, no certification that a record does not exist, a fee treated as a denial, or silence as to part of the request. A focused challenge is easier for an official—and later a court—to evaluate than a general complaint that the response was unfair.
Requester checklist
- Exemption explanation
- Nonexistence certificate
- Redaction description
- Appeal instructions
- Judicial-review notice
- Final determination date
Primary sources
External authorities control. Confirm the current statute, decision, policy, and local procedures before relying on them.