Michigan Laws 285.73 – Availability of books and records; confidentiality; disclosure
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(1) The director may require that a grain dealer make its books and records available for audit or inspection.
(2) Except as provided in subsection (3), financial information and daily position report information submitted to the department by an applicant or licensee for purposes of this act are confidential and are not subject to the disclosure requirements of the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246, except that disclosure of financial information or daily position report information may be made in any of the following circumstances:
Terms Used In Michigan Laws 285.73
- Department: means the department of agriculture. See Michigan Laws 285.62
- Director: means the director of the department or his or her designee. See Michigan Laws 285.62
- Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. Source: OCC
- Grain dealer: means a person engaged in the business of receiving, buying, exchanging, selling, or storing farm produce in this state. See Michigan Laws 285.62
- Licensee: means a grain dealer licensed under this act. See Michigan Laws 285.62
- 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
(a) With the written consent of the applicant or licensee.
(b) Pursuant to a court proceeding.
(c) The disclosure is made to an agent or employee of the department.
(d) The disclosure is made to an agent or employee of a state or the federal government authorized by law to see or review the information.
(3) The department may disclose information described in subsection (2) in the form of an information summary or profile, or as part of a statistical study that includes data on more than 1 grain dealer that does not identify the grain dealer to whom any specific information applies.