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STATE OF MICHIGAN

DEPARTMENT OF ATTORNEY GENERAL

P.O. BOX 30754


LANSING, MICHIGAN 48909

BILL SCHUETTE
ATTORNEY GENERAL

November 9, 2017

Beverly Tran Sent by email


tranbeverly@gmail.com

Dear Ms. Tran:

This notice responds to your November 1, 2017 email (copy attached),


received by the Department of Attorney General (Department) on November 2,
2017, which you designate as an appeal. The Department previously responded to
your October 16, 2017 appeal of the Departments denial, under section 13(1)(v) of
the Freedom of Information Act (FOIA), MCL 15.243(1)(v), of your October 5, 2017
FOIA request. (See copy of the Departments October 30, 2017 written notice
attached.)

The Departments October 30, 2017 written notice upheld the disclosure
denial under MCL 15.243(1)(v), which provides for the exemption of [r]ecords or
information relating to a civil action in which the requesting party and the public
body are parties. Your October 5, 2017 FOIA request sought records related to the
case in which you are a party; namely, Bill Schuette, Attorney General of the State of
Michigan v Beverly Tran, Detroit Land Bank Authority L.L.C., Jointly and
Severally, Ingham County Circuit Court Case No. 17-325-CZ.

The Department is treating your November 1, 2017 email as a new FOIA


request. You state that your request is an attempt to identify the proper reporting
procedure for the general public to report business operations which are not
incorporated in the State of Michigan, including charities. You further state that
the information you seek is not related to the pending [sic] before the court. You
apparently are referring to the above-cited circuit court case.

To the extent that the Department can discern what you are asking for, and
based on your representation that what you are not seeking records or information
related to the above-cited circuit court action, your request is granted in part and
denied in part.

As to the partial grant, matters concerning reporting requirements of


charities are addressed on the Departments website at
http://www.michigan.gov/ag/0,4534,7-359-82915_82919_80762---,00.html. The
Departments Charitable Trust Section functions as a repository of financial and
Beverly Tran
Page 2
November 9, 2017

other information about charities, including information about charities required to


register with the Charitable Trust Section.

As to the partial denial, the balance of your request appears to be seeking


possible records of another state agency that are not possessed by the Department.
In an effort to be of assistance, however, please be informed that you can access the
Department of Licensing and Regulatory Affairs (LARA) website at
www.michigan.gov/lara. Under the tab Corporations, Securities & Commercial
Licensing Bureau, you can find forms and publications and information on how to
file a complaint with LARA. You also can contact the LARA FOIA office by Email:
LARAFOIAInfo@michigan.gov; by Fax: 517-335-4037; and by U.S. Mail: State of
Michigan Department of Licensing and Regulatory Affairs, c/o FOIA Coordinator,
Ottawa Bldg., 4th Floor, P.O. Box 30004, Lansing, MI 48909.

As to the partial denial of your request, under section 10 of the FOIA, MCL
15.240, the Department is obligated to inform you that you may do the following:

1) Appeal this decision in writing to the Attorney General, Department of


Attorney General, 525 W. Ottawa, P.O. Box 30754, Lansing, MI 48909. The writing
must specifically state the word appeal and must identify the reason or reasons
you believe the partial denial should be reversed. The head of the Department or
his designee must respond to your appeal within 10 business days after its receipt.
Under unusual circumstances, the time for response to your appeal may be
extended by 10 business days.

2) Commence an action in the Court of Claims within 180 days after the date
of the final determination to partially deny the request. If you prevail in such an
action, the court is to award reasonable attorney fees, costs, and disbursements, and
possible damages.

The Departments FOIA Procedures and Guidelines can be accessed at


www.michigan.gov/foia-ag.

Sincerely,

Christy Wendling-Richards
FOIA Coordinator
Department of Attorney General
517-373-1162
Encs.
STATE OF MICHIGAN
DEPARTMENT OF ATTORNEY GENERAL

P.O. BOX 30754


LANSING, MICHIGAN 48909

BILL SCHUETTE
ATTORNEY GENERAL

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