Freedom of Information Requests

Michael Morisy filed this request with the Department of Labor and Economic Growth of Michigan.
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Communications

From: Michael Morisy

To Whom It May Concern:

Pursuant to Michigan's Freedom of Information Act ("FOIA"), I hereby request the following records:

A copy of all Freedom of Information requests received by the State of Michigan Department of Labor & Economic Growth, Bureau of Commercial Services, in 2011 and 2012, involving funeral homes, funeral establishments, and cemeteries.

Additionally, a generic list of all document and record types involving funeral homes, funeral establishments, and cemeteries regularly collected by the state of Michigan.

I also request that, if appropriate, fees be waived as I believe this request is in the public interest. The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com, processed by a representative of the news media/press and is made in the process of news gathering and not for commercial usage.

In the event that fees cannot be waived, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 5 business days, as the statute requires.

Sincerely,

Tom Nash

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Feb. 18, 2013. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

From: Wilhelm, William (LARA)

March 6, 2013

Tom Nash [email: requests@muckrock.com]
MuckRock News
Dept. MR 2864
PO Box 55819
Boston, MA 02205-5819

Re: FOIA Request - Funeral Homes/Establishments and Cemeteries 2011-2012

Dear Mr. Nash:

Your request for public records received February 19, 2013 by the Department of Licensing and Regulatory Affairs has been forwarded to the Corporations, Securities & Commercial Licensing Bureau, Freedom of Information Unit for response. The Bureau must determine whether it is in possession of any documents responsive to your request, and if so, review the subject file(s), and determine the exempt/non-exempt status of the material pursuant to the provisions of the Freedom of Information Act (FOIA) PA 442 of 1976, as amended, MCL 15.231 et seq. The Corporations, Securities & Commercial Licensing Bureau hereby claims a 10-business day extension pursuant to Section 5(2)(d) of the FOIA. A response to your Freedom of Information request will be issued on or before March 13, 2013. Thank you for your cooperation.

From: Department of Labor and Economic Growth

A letter stating the request for reduced or waived fees has been rejected.

From: Michael Morisy

To Whom It May Concern:

In regards to our FOIA request regarding funeral homes and cemeteries 2011-2012, we request that you waive the fees of $143.

MuckRock is a news organization that carries out investigative journalism. The requested documents are part of our journalistic work done in the public interest, without commercial intent.

Michigan FOIA law allows for discretion in waiving fees if doing so benefits the general public.

"A search for a public record may be conducted or copies of public records may be furnished without charge or at a reduced charge if the public body determines that a waiver or reduction of the fee is in the public interest because searching for or furnishing copies of the public record can be considered as primarily benefiting the general public." MCL 15.234(1)

The requester does not stand to gain financially from these records. The request is part of a journalistic investigation whose outcome may benefit the public, including the citizens of Michigan.

Sincerely,

Tom Nash
MuckRock

From: MuckRock

To Whom It May Concern:

Could you please clarify whether the appeal submitted in May 2013 was ever received and whether that would have been more appropriately directed elsewhere?

Thank you for your time,
Beryl, MuckRock

From: LARAFOIAInfo

Dear Beryl,

We have checked with the Bureau of Corporations, Securities and Commercial Licensing (CSCL) in regards to your recent question concerning a FOIA request made in 2013.

The correspondence associated with the FOIA request in question was destroyed in the ordinary course of business after Creation+1 year, according to CSCL's General Retention & Disposal Schedule. The electronic record associated with this request is attached.

Based on a review of that record, CSCL requested an extension of time to respond to the request until 3/13/13.

From: MuckRock

Hi there,

Thanks so much for your response. In that case, we'll refile the case, if need be. As a point of information, do you mind letting us know the appropriate destination for appeals?

Thanks again!
Beryl

From: LARAFOIAInfo

Dear Beryl:

The Michigan Department of Licensing and Regulatory Affairs (LARA) has received your request for public records under the provisions of the Michigan Freedom of Information Act (FOIA), 1976 PA 442, MCL 15.231 et seq., on Date.

Please be informed that the purpose of FOIA is to provide the public access to existing, nonexempt public records of a public body. The FOIA provides that a written request for a public record must describe a public record sufficiently to enable the public body to find it.

FOIA does not permit persons to secure answers to questions that incidentally may be reduced to writing as that term is defined in the law, MCL 15.232. However, if you wish to make a formal request for public documents, you may do so at this email address.

If you have questions concerning this matter, please feel free to contact the LARA FOIA Office at LARAFOIAInfo@michigan.gov<mailto:LARAFOIAInfo@michigan.gov>. You may also write to us at the address listed below and enclose a copy of this letter.

To review a copy of the LARA's written public summary, procedures, and guidelines, go to www.michigan.gov/lara<http://www.michigan.gov/lara>.

Sincerely,

LARA FOIA Office
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