FREEDOM OF INFORMATION ACT
Act 442 of 1976
15.240b Failure to comply with act; civil fine.
Sec. 10b.
If the court determines, in an action commenced under this act, that a public body willfully and intentionally failed to comply with this act or otherwise acted in bad faith, the court shall order the public body to pay, in addition to any other award or sanction, a civil fine of not less than $2,500.00 or more than $7,500.00 for each occurrence. In determining the amount of the civil fine, the court shall consider the budget of the public body and whether the public body has previously been assessed penalties for violations of this act. The civil fine shall be deposited in the general fund of the state treasury.
History: Add. 2014, Act 563, Eff. July 1, 2015
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Act 442
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Notes of Decisions
Michael McIntosh v. City of Rockford, No. 343125 (Mich. Ct. App. June 20, 2019).
· cites it 6× “5 MCL 15.240b provides in relevant part: -2- particular order, the court dismissed count two as failing to state a claim for which the court could grant relief.”
Cassidy Law PLC v. Harsens Island Transp. Auth., No. 373906 (Mich. Ct. App. Mar. 18, 2026).
· cites it 2× “FINE FOR INTENTIONAL AND WILLFUL NONCOMPLIANCE Plaintiffs argue that the trial court should have imposed a fine against defendant under MCL 15.240b. This statute provides: If the court determines, in an action commenced under this act, that a public body willfully and…”
Albert Joseph Fratarcangeli v. Sarah Myers, No. 347390 (Mich. Ct. App. Apr. 9, 2020).
“In addition, MCL 15.240b provides, in relevant part: If the court determines, in an action commenced under this act, that a public body willfully and intentionally failed to comply with this act or otherwise acted in bad faith, the court shall order the public body to pay, in…”
20231130_C364378_41_364378.Opn.Pdf, No. 20231130 (Mich. Ct. App. Nov. 30, 2023).
“Plaintiff moved for civil fines under MCL 15.240b, which states in full: If the court determines, in an action commenced under this act, that a public body willfully and intentionally failed to comply with this act or otherwise acted in bad faith, the court shall order the…”
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