Michigan Laws 15.241 – Matters required to be published and made available by state agency; form of publications; effect of matter not published and made available; exception; action to compel compliance by state agency; or
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Terms Used In Michigan Laws 15.241
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: means an individual, corporation, limited liability company, partnership, firm, organization, association, governmental entity, or other legal entity. See Michigan Laws 15.232
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
(1) A state agency shall publish and make available to the public all of the following:
(a) Final orders or decisions in contested cases and the records on which they were made.
(b) Promulgated rules.
(c) Other written statements that implement or interpret laws, rules, or policy, including but not limited to guidelines, manuals, and forms with instructions, adopted or used by the agency in the discharge of its functions.
(2) Publications may be in electronic format or in pamphlet, loose-leaf, or other appropriate form in printed, mimeographed, or other written matter.
(3) Except to the extent that a person has actual and timely notice of the terms thereof, a person is not required to resort to, and shall not be adversely affected by, a matter required to be published and made available, if the matter is not so published and made available.
(4) This section does not apply to public records that are exempt from disclosure under section 13.
(5) A person may commence an action in the court of claims to compel a state agency to comply with this section. If the court determines that the state agency has failed to comply, the court shall order the state agency to comply and shall award reasonable attorneys’ fees, costs, and disbursements to the person commencing the action. The court of claims has exclusive jurisdiction to issue the order.
(6) As used in this section, “state agency”, “contested case”, and “rule” mean “agency”, “contested case”, and “rule” as those terms are defined in the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.