Michigan FOIA Knowledge Center
Michigan FOIA Fees, Deposits, and Itemized Estimates
FOIA fees should be tied to permitted components and calculated under the public body’s publicly available procedures and guidelines. A large total is not self-validating; the itemization matters.
Permitted components
Michigan FOIA permits specified charges for searching, locating, examining, reviewing, separating exempt material, duplication, and mailing. Labor is generally calculated using the hourly wage of the lowest-paid employee capable of performing the work, subject to the statute’s rules.
Electronic records
Electronic delivery can eliminate paper and mailing charges, but it does not necessarily eliminate labor. Ask whether the information can be exported in an existing format and whether narrowing custodians, dates, fields, or file types would materially reduce the estimate.
Deposits and itemization
A public body may require a good-faith deposit under statutory conditions. Preserve the itemized estimate, assumptions, hourly rates, estimated time, and deposit deadline. Ask the body to identify which request categories drive the cost.
Special statutory records
Some records are sold under another statute or system with a separately prescribed price. In those circumstances, the specialized fee provision may control instead of the ordinary FOIA calculation.
How to evaluate a large estimate
Do not respond to a large fee estimate with “that is outrageous.” Ask what work drives the number. How many hours are attributed to searching, separating exempt material, copying, or duplication? Which employee classification and hourly rate were used? Was the statutory labor reduction applied, and can the records be produced electronically?
The answer often reveals a drafting problem that can be fixed. Narrowing a date range, removing an unnecessary custodian, excluding attachments, or requesting an existing export may save far more than arguing over a few cents per page.
Requester checklist
- Itemized calculation
- Hourly rate and employee category
- Estimated labor hours
- Duplication and mailing
- Deposit basis
- Potential narrowing
Primary sources
External authorities control. Confirm the current statute, decision, policy, and local procedures before relying on them.