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Ex. AGY-ST-DMV-SOS-RECORDERS-088 Order Primary source read

Executive Order No. 2020-38

Temporary extensions of certain FOIA deadlines to facilitate COVID-19 emergency response efforts

Governor Gretchen Whitmer · Michigan (Governor; every public body) (State)

The COVID Project

The record

Jurisdiction
Michigan (Governor; every public body) · Michigan
Level
State
Authority
Mich. Const. 1963, art. 5, sec. 1; MCL 30.403(1)-(2); MCL 10.31(1) (recited)
Issued
2020-04-05 Apr. 5, 2020
Effective
2020-04-05, 8:47 p.m. (read as 2020-04-05)
End
'This order is effective immediately and continues through June 4, 2020 at 11:59 pm' (para. 6) (read as 2020-06-04)
In force
Apr. 5, 2020 to June 4, 2020
Quarters
2020 Q2
Limitation types
Courts and public officesOther
Addressees
  • public bodies as defined in MCL 15.232
  • requestors of public records
Functions reached
  • CT public-records and land-records inspection (in-person efforts deferred)
  • PM permit files
  • OF
  • CB
Collection
State motor-vehicle offices, secretaries of state and recorders AGY-ST-DMV-SOS-RECORDERS

Operative words

1. Strict compliance with the required response periods set forth under sections 5(2), 10(2), and 10a(2) of the Freedom of Information Act ('FOIA')... is temporarily suspended, as follows: (a) A public body must respond in writing to a request or an appeal received at its physical office via mail, hand delivery, or facsimile within 10 business days after actual receipt of the request or appeal.... (b) If COVID-19 or any accompanying response efforts... interferes with the timely grant or denial of a request... a public body may issue a notice... extending the period of time in which to respond for as long as the public body deems necessary but no longer than until the expiration of this order or any order that follows from it. 2.... (a) If a public records request requires in-person efforts, such as an in-person search, inspection, examination, preparation, or production of public records, by the requestor or the public body, a public body may defer that portion of the request until the expiration of this order or any order that follows from it.

Enforcement

MCL 30.405(3); the order applies 'notwithstanding any contrary policy adopted by a public body' (para. 4)

Notes

Registers of deeds, assessors and clerks are 'public bodies'; in-person record searches were deferred to June 4, 2020.

Retrieval note

Scanned image PDF (three pages); text read by OCR.