Michigan Laws > Chapter 15 > Act 442 of 1976 – Freedom of Information Act


§ 15.231	Short title; public policy
§ 15.232	Definitions
§ 15.233	Public records; request requirements; right to inspect, copy, or receive; subscriptions; forwarding requests; file; inspection and examination; memoranda or abstracts; rules; compilation, summary
§ 15.234	Fee; limitation on total fee; labor costs; establishment of procedures and guidelines; creation of written public summary; detailed itemization; availability of information on website; notificati
§ 15.235	Request to inspect or receive copy of public record; response to request; failure to respond; damages; contents of notice denying request; signing notice of denial; notice extending period of res
§ 15.236	FOIA coordinator
§ 15.240	Options by requesting person; appeal; actions by public body; receipt of written appeal; judicial review; civil action; venue; de novo proceeding; burden of proof; private view of public record;
§ 15.240a	Fee in excess of amount permitted under procedures and guidelines or MCL 15.234
§ 15.240b	Failure to comply with act; civil fine
§ 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 agenc
§ 15.243	Exemptions from disclosure; public body as school district, intermediate school district, or public school academy; withholding of information required by law or in possession of executive office
§ 15.243a	Salary records of employee or other official of institution of higher education, school district, intermediate school district, or community college available to public on request
§ 15.244	Separation of exempt and nonexempt material; design of public record; description of material exempted
§ 15.245	Repeal of MCL 24.221, 24.222, and 24.223
§ 15.246	Effective date

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Terms Used In Michigan Laws > Chapter 15 > Act 442 of 1976 - Freedom of Information Act

Absent voter: is a voter who utilizes the process described in section 759. See Michigan Laws 168.2
Absent voter ballot: means a ballot that is issued to a voter through the absent voter process. See Michigan Laws 168.2
Acquire: means acquisition by any method described in section 12 or by any other method permitted by law. See Michigan Laws 45.582
Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
Agreement: means the document entitled "Great Lakes protection fund agreement" signed by the governor on February 26, 1989. See Michigan Laws 324.33101
Air: means ambient or indoor air at the point of exposure. See Michigan Laws 324.21302
Alcoholic liquor: means that term as defined in section 1d of the Michigan vehicle code, 1949 PA 300, MCL 257. See Michigan Laws 324.81101
Allegation: something that someone says happened.
Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
annual meeting: when applied to townships, mean the annual meeting required by law to be held on the Saturday immediately preceding the first Monday in April. See Michigan Laws 8.3d
Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
Applied behavior analysis services: means services provided to clients that are included in the practice of applied behavior analysis. See Michigan Laws 333.18251
Appraisal: A determination of property value.
Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
Arrest: Taking physical custody of a person by lawful authority.
Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
Assistant behavior analyst: means an individual who is licensed or otherwise authorized under this part to engage in practice as an assistant behavior analyst. See Michigan Laws 333.18251
Athletic trainer: means an individual engaged in the practice of athletic training. See Michigan Laws 333.17901
Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
Auction: means the sale or offer for sale by bidding of real or personal property at a public or private location. See Michigan Laws 324.82101
Auctioneer: means a person that is engaged in the business of conducting auctions or that offers to conduct an auction for compensation. See Michigan Laws 324.82101
BACB: means the Behavior Analyst Certification Board, a nonprofit corporation that is exempt from taxation under section 501(c)(3) of the internal revenue code of 1986, 26 USC 501, or its successor, as determined by the board. See Michigan Laws 333.18251
Bailiff: a court officer who enforces the rules of behavior in courtrooms.
Balanced budget: A budget in which receipts equal outlays.
Behavior analyst: means an individual who is licensed or otherwise authorized under this part to engage in the practice of applied behavior analysis. See Michigan Laws 333.18251
Behavior technician: means an individual who is not licensed or authorized to practice a profession under this part and who delivers applied behavior analysis services under the delegation and supervision of a behavior analyst and meets the requirements of section 18263. See Michigan Laws 333.18251
Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
Board: means the Michigan Great Lakes protection fund technical advisory board created in section 32908. See Michigan Laws 324.32901
Caucus: From the Algonquian Indian language, a caucus meant "to meet together." An informal organization of members of the legislature that exists to discuss issues of mutual concern and possibly to perform legislative research and policy planning for its members. There are regional, political or ideological, ethnic, and economic-based caucuses.
Chambers: A judge's office.
Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
Code: means the Michigan vehicle code, 1949 PA 300, MCL 257. See Michigan Laws 324.81101
Commission: means the commission of natural resources. See Michigan Laws 324.301
Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
Consolidated township: means a general law or charter township formed by the consolidation of 2 or more townships as prescribed by section 16b to 16j. See Michigan Laws 46.16a
Consultant: means a person that meets the requirements set forth in section 21325. See Michigan Laws 324.21302
contaminated: means the presence of a regulated substance in soil, surface water, or groundwater or air that has been released from an underground storage tank system at a concentration exceeding the level set forth in the RCBA tier I screening levels established under section 20120a(1)(a) and (b). See Michigan Laws 324.21302
Contract: A legal written agreement that becomes binding when signed.
Conviction: A judgement of guilt against a criminal defendant.
Conviction: means a final conviction, the payment of a fine, a plea of guilty or nolo contendere if accepted by the court, or a finding of guilt or probate court disposition on a violation of this part, regardless of whether the penalty is rebated or suspended. See Michigan Laws 324.82101
Coordinating committee: means the committee designated and elected as provided in section 16d in connection with a township consolidation. See Michigan Laws 46.16a
Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
Corrective action: means the investigation, assessment, cleanup, removal, containment, isolation, treatment, or monitoring of regulated substances released into the environment from an underground storage tank system that is necessary under this part to prevent, minimize, or mitigate injury to the public health, safety, or welfare, the environment, or natural resources. See Michigan Laws 324.21302
counseling: means the rendering to individuals, groups, families, organizations, or the general public in accordance with accepted and established ethics a service involving clinical counseling principles, methods, or procedures for the purpose of achieving social, personal, career, and emotional development and with the goal of promoting and enhancing healthy self-actualizing and satisfying lifestyles whether the services are rendered in an educational, business, health, private practice, or human services setting. See Michigan Laws 333.18101
Counseling techniques: means the application of basic counseling and psychotherapy skills and theories in the counseling process for the purposes of establishing and maintaining the counseling relationship; diagnosing the problem; formulating a preventative, treatment, or rehabilitative plan; and facilitating appropriate interventions. See Michigan Laws 333.18101
County: means a county organized under Act No. See Michigan Laws 45.582
County juvenile agency: means a county that has approved a resolution in accordance with section 3. See Michigan Laws 45.622
County juvenile agency services: means that term as defined in section 117a of the social welfare act, 1939 PA 280, MCL 400. See Michigan Laws 45.622
Cybersecurity incident: includes , but is not limited to, a computer network intrusion or attempted intrusion; a breach of primary computer network controls; unauthorized access to programs, data, or information contained in a computer system; or actions by a third party that materially affect component performance or, because of impact to component systems, prevent normal computer system activities. See Michigan Laws 15.232
Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
Decedent: A deceased person.
Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
Department: means the director of the department of natural resources or his or her designee to whom the director delegates a power or duty by written instrument. See Michigan Laws 324.301
Department of solid waste management: means the department of solid waste management provided for in section 3. See Michigan Laws 45.582
Dependent: A person dependent for support upon another.
Devise: To gift property by will.
Diagnosing the problem: means the identification of the problem through the application of recognized counseling techniques and psychotherapy skills and theories, including the use of the classifications and diagnoses in the Diagnostic and Statistical Manual for Mental Disorders, obtained through the successful completion of a qualified program. See Michigan Laws 333.18101
Dietitian nutritionist: means an individual who is licensed or otherwise authorized to engage in the practice of medical nutrition therapy under this article. See Michigan Laws 333.18351
Director: means the director of the department of natural resources. See Michigan Laws 324.301
Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
Donor: The person who makes a gift.
Election: means an election or primary election at which the electors of this state or of a subdivision of this state choose or nominate by ballot an individual for public office or decide a ballot question lawfully submitted to them. See Michigan Laws 168.2
election precinct: as used in this act shall mean a political subdivision, the area of which is embraced in its entirety within the confines of a city, ward, township or village, and for which not more than 1 polling place is provided for all qualified and registered electors residing therein. See Michigan Laws 168.654
Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. ^{Source: OCC}
Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
Environmental health: means an area of activity dealing with the protection of human health through the management, control, and prevention of environmental factors that may adversely affect the health of individuals. See Michigan Laws 333.18401
Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
Ex officio: Literally, by virtue of one's office.
Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
Feldenkrais method: means a system of somatic education in which touch and words are used to eliminate faulty habits, learn new patterns of self-organization and action, and improve a person's own functional movement patterns. See Michigan Laws 333.17951
Fiduciary: A trustee, executor, or administrator.
Field name: means the label or identification of an element of a computer database that contains a specific item of information, and includes but is not limited to a subject heading such as a column header, data dictionary, or record layout. See Michigan Laws 15.232
firearm: except as otherwise specifically defined in statute, includes any weapon which will, is designed to, or may readily be converted to expel a projectile by action of an explosive. See Michigan Laws 8.3t
Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
FOIA coordinator: means either of the following:

(i) An individual who is a public body. See Michigan Laws 15.232

Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}

Fraud: Intentional deception resulting in injury to another.

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}

Fund: means the Michigan Great Lakes protection fund created in section 32905. See Michigan Laws 324.32901

fund: means the Great Lakes protection fund approved in the agreement. See Michigan Laws 324.33101

General nonmedical nutrition information: means information on any of the following:

(i) Principles of human nutrition and food preparation. See Michigan Laws 333.18351

general November election: means the election held on the November regular election date in an even numbered year. See Michigan Laws 168.2

Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.

Governing body: means , for a county, the county board of commissioners; for a city, the council, commission, or other body having legislative powers; for a village, the council, commission board of trustees, or other body having legislative powers; for a general law or charter township, the township board; and for a district or an authority, the body having general governing powers. See Michigan Laws 45.582

Groundwater: means water below the land surface in the zone of saturation and capillary fringe. See Michigan Laws 324.21302

Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.

Health facility: means a health facility or agency licensed under article 17 or a hospital, psychiatric hospital, or psychiatric unit licensed under the mental health code, 1974 PA 258, MCL 330. See Michigan Laws 333.18501

Health facility: means a health facility or agency licensed under article 17. See Michigan Laws 333.18701

Highway or street: means the entire width between the boundary lines of every way publicly maintained if any part of it is open to public use for vehicular travel. See Michigan Laws 324.82101

Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate.

in writing: shall be construed to include printing, engraving, and lithographing; except that if the written signature of a person is required by law, the signature shall be the proper handwriting of the person or, if the person is unable to write, the person's proper mark, which may be, unless otherwise expressly prohibited by law, a clear and classifiable fingerprint of the person made with ink or another substance. See Michigan Laws 8.3q

inhabitant: means a resident of a city, township, village, district or county. See Michigan Laws 8.3f

Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.

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.

Juvenile: means an individual who is any of the following:

(i) Within or likely to come within the jurisdiction of the court for the county under section 2(a) or (d) of chapter XIIA of 1939 PA 288, MCL 712A. See Michigan Laws 45.622

Law of another state: means a law or ordinance enacted by any of the following:

(i) Another state. See Michigan Laws 324.82101

Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}

Legacy: A gift of property made by will.

Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.

Licensed professional counselor: means an individual who is licensed under this article to engage in the practice of counseling without supervision. See Michigan Laws 333.18101

Lien: A claim against real or personal property in satisfaction of a debt.

Limited licensed counselor: means an individual who has been granted a limited license under this article to engage in the practice of counseling under the supervision of a licensed professional counselor who meets the requirement of section 18106. See Michigan Laws 333.18101

Listed offense: means that term as defined in section 2 of the sex offenders registration act, 1994 PA 295, MCL 28. See Michigan Laws 333.18251

Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.

local unit: means a municipality or county. See Michigan Laws 324.301

Majority leader: see Floor Leaders

Manufacturer: means a person that prepares, produces, derives, propagates, compounds, processes, packages, or repackages a drug or device salable on prescription only, or otherwise changes the container or the labeling of a drug or device salable on prescription only, and that supplies, distributes, sells, offers for sale, barters, or otherwise disposes of that drug or device and any other drug or device salable on prescription only, to another person for resale, compounding, or dispensing. See Michigan Laws 333.17706

Massage therapist: means an individual engaged in the practice of massage therapy. See Michigan Laws 333.17951

Medical director: means a physician who is responsible for the quality, safety, appropriateness, and effectiveness of the respiratory care services provided by a respiratory therapist, who assists in quality monitoring, protocol development, and competency validation, and who meets all of the following:

(i) Is the medical director of an inpatient or outpatient respiratory care service or department within a health facility, or of a home care agency, durable medical equipment company, or educational program. See Michigan Laws 333.18701

Medical weight control: means the practice of medical nutrition therapy for the purpose of reducing, maintaining, or gaining weight. See Michigan Laws 333.18351

mental health wellness: means the achievement of social, career, and emotional development across an individual's life span. See Michigan Laws 333.18101

Mineral: means that term as defined in section 2 of the nonferrous metallic minerals extraction severance tax act. See Michigan Laws 206.31b

month: means a calendar month; the word "year" a calendar year; and the word "year" alone shall be equivalent to the words "year of our Lord". See Michigan Laws 8.3j

Municipality: means a city, village, or township. See Michigan Laws 324.301

Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.

Nutrition assessment: means the ongoing, dynamic, and systematic process of obtaining, verifying, and interpreting biochemical, anthropometric, physical, nutrigenomic, and dietary data to make decisions about the nature and cause of nutrition-related problems and making recommendations, including recommendations on enteral and parenteral nutrition. See Michigan Laws 333.18351

Nutrition care services: means any part or all of the following services within a systematic process:

(i) Assessing and evaluating the nutritional needs of individuals and groups and determining resources and constraints in the practice setting, including ordering laboratory tests to check and track nutrition status, creating dietary plans and orders, and monitoring the effectiveness thereof. See Michigan Laws 333.18351

Nutrition counseling: means a supportive process, characterized by a collaborative counselor-patient or counselor-client relationship with individuals or groups, to establish food and nutrition priorities, goals, and individualized action plans and general physical activity guidance that acknowledge and foster responsibility for self-care to treat or manage an existing disease or medical condition or to promote health and wellness. See Michigan Laws 333.18351

Nutrition diagnosis: means identifying and labeling nutritional problems managed and treated by a dietitian nutritionist. See Michigan Laws 333.18351

Nutrition intervention: means purposefully planned actions and nutrition counseling intended to positively change a nutrition-related behavior, risk factor, environmental condition, or aspect of the health status for an individual. See Michigan Laws 333.18351

Nutrition monitoring and evaluation: means identifying patient outcomes relevant to a nutrition diagnosis and comparing the outcomes with the patient's previous health status, intervention goals, or reference standards to determine the progress made in achieving desired outcomes of nutrition care and whether nutrition intervention should be continued or revised. See Michigan Laws 333.18351

Oath: A promise to tell the truth.

oath: shall be construed to include the word "affirmation" in all cases where by law an affirmation may be substituted for an oath; and in like cases the word "sworn" shall be construed to include the word "affirmed". See Michigan Laws 8.3k

Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.

Occupational therapist: means an individual licensed under this article to engage in the practice of occupational therapy. See Michigan Laws 333.18301

Occupational therapy assistant: means an individual licensed under this article to engage in practice as an occupational therapy assistant. See Michigan Laws 333.18301

Occupational therapy services: means those services provided to promote health and wellness, prevent disability, preserve functional capabilities, prevent barriers, and enable or improve performance in everyday activities, including, but not limited to, the following:

(i) Establishment, remediation, or restoration of a skill or ability that is impaired or not yet developed. See Michigan Laws 333.18301

Off-road vehicle account: means the off-road vehicle account of the Michigan conservation and recreation legacy fund established in section 2015. See Michigan Laws 324.81101

Operate: means to ride in or on, and be in actual physical control of, the operation of an ORV. See Michigan Laws 324.81101

Operator: means a person who is presently, or was at the time of a release, in control of, or responsible for, the operation of an underground storage tank system. See Michigan Laws 324.21303

Operator: means an individual who operates or is in actual physical control of the operation of an ORV. See Michigan Laws 324.81101

Operator: means any individual who operates a snowmobile. See Michigan Laws 324.82101

Other certification board: means a nationally recognized behavior analysis certification board approved by the department by rule. See Michigan Laws 333.18251

Outsourcing facility: means that term as defined in 21 USC 353b. See Michigan Laws 333.17706

Oversight: Committee review of the activities of a Federal agency or program.

Owner: means a person who holds, or at the time of a release who held, a legal, equitable, or possessory interest of any kind in an underground storage tank system or in the property on which an underground storage tank system is or was located including, but not limited to, a trust, vendor, vendee, lessor, or lessee. See Michigan Laws 324.21303

Owner: means any of the following:

(i) A vendee or lessee of an ORV that is the subject of an agreement for the conditional sale or lease of the ORV, with the right of purchase upon performance of the conditions stated in the agreement, and with an immediate right of possession vested in the conditional vendee or lessee. See Michigan Laws 324.81101

Participating podiatrist: means a podiatric physician or a podiatric physician designated by a group of podiatric physicians under section 18049 to represent that group. See Michigan Laws 333.18001

Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.

Patient: means an individual recipient of the practice of medical nutrition therapy, whether in the outpatient, inpatient, or nonclinical setting. See Michigan Laws 333.18351

Peace officer: means any of the following:

(i) A sheriff. See Michigan Laws 324.81101

Person: means an individual, corporation, limited liability company, partnership, firm, organization, association, governmental entity, or other legal entity. See Michigan Laws 15.232

Person: means an individual, partnership, corporation, association, governmental entity, or other legal entity. See Michigan Laws 324.301

person: may extend and be applied to bodies politic and corporate, as well as to individuals. See Michigan Laws 8.3l

Personal property: All property that is not real property.

Physical therapist: means an individual licensed under this article to engage in the practice of physical therapy. See Michigan Laws 333.17801

Physical therapist assistant: means an individual with a health profession subfield license under this part who assists a physical therapist in physical therapy intervention. See Michigan Laws 333.17801

Physician: means that term as defined in section 17001 and 17501. See Michigan Laws 333.18701

Plaintiff: The person who files the complaint in a civil lawsuit.

Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.

Podiatric physician: means an individual who is licensed under this article to engage in the practice of podiatric medicine and podiatric surgery. See Michigan Laws 333.18001

Polarity therapy: means diverse applications affecting the human energy system and includes energetic approaches to somatic contact, verbal facilitation, nutrition, exercise, and health education. See Michigan Laws 333.17951

Practice agreement: means an agreement described in section 18047. See Michigan Laws 333.18001

Practice as an assistant behavior analyst: means the practice of applied behavior analysis under the supervision of a behavior analyst. See Michigan Laws 333.18251

Practice of applied behavior analysis: means the design, implementation, and evaluation of instructional and environmental modifications to produce socially significant improvements in human behavior. See Michigan Laws 333.18251

Practice of athletic training: means the treatment of an individual for risk management and injury prevention, the clinical evaluation and assessment of an individual for an injury or illness, or both, the immediate care and treatment of an individual for an injury or illness, or both, and the rehabilitation and reconditioning of an individual's injury or illness, or both, if those activities are within the rules promulgated under section 17904 and performed under the direction of, on the prescription of, or in collaboration with an individual licensed under part 170 or 175. See Michigan Laws 333.17901

Practice of dietetics and nutrition: means the integration and application of scientific principles derived from the study of food, nutrition, biochemistry, metabolism, nutrigenomics, physiology, food systems and management, and from behavioral and social sciences in achieving and maintaining health throughout the lifespan and in providing nutrition care services, including the practice of medical nutrition therapy, for the prevention, management, and treatment of diseases or medical conditions. See Michigan Laws 333.18351

Practice of massage therapy: means the application of a system of structured touch, pressure, movement, and holding to the soft tissue of the human body in which the primary intent is to enhance or restore the health and well-being of the client. See Michigan Laws 333.17951

Practice of medical nutrition therapy: means the provision of nutrition care services for the treatment or management of diseases or medical conditions. See Michigan Laws 333.18351

Practice of medicine: means that term as defined in section 17001. See Michigan Laws 333.18501

Practice of occupational therapy: means the therapeutic use of everyday life occupations and occupational therapy services to aid individuals or groups to participate in meaningful roles and situations in the home, school, workplace, community, and other settings, to promote health and wellness through research and practice, and to serve those individuals or groups who have or are at risk for developing an illness, injury, disease, disorder, condition, impairment, disability, activity limitation, or participation restriction. See Michigan Laws 333.18301

Practice of osteopathic medicine and surgery: means that term as defined in section 17501. See Michigan Laws 333.18501

Practice of physical therapy: means the evaluation of, education of, consultation with, or treatment of an individual by the employment of effective properties of physical measures and the use of therapeutic exercises and rehabilitative procedures, with or without assistive devices, for the purpose of preventing, correcting, or alleviating a physical or mental disability. See Michigan Laws 333.17801

practice of podiatric medicine and podiatric surgery: means any of the following:

(i) The evaluation, diagnosis, management, and prevention of conditions of the lower extremities, including local manifestations of systemic disease in the human foot and ankle, by attending to and advising patients and through the use of devices, diagnostic tests, drugs and biologicals, surgical procedures, or other means. See Michigan Laws 333.18001

Practice of psychology: means the rendering to individuals, groups, organizations, or the public of services involving the application of principles, methods, and procedures of understanding, predicting, and influencing behavior for the purposes of the diagnosis, assessment related to diagnosis, prevention, amelioration, or treatment of mental or emotional disorders, disabilities or behavioral adjustment problems by means of psychotherapy, counseling, behavior modification, hypnosis, biofeedback techniques, psychological tests, or other verbal or behavioral means. See Michigan Laws 333.18201

Practice of respiratory care: means the provision of respiratory care services. See Michigan Laws 333.18701

Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.

Prior conviction: means a conviction for any of the following, whether under a law of this state, a local ordinance substantially corresponding to a law of this state, a law of the United States substantially corresponding to a law of this state, or a law of another state substantially corresponding to a law of this state:

(i) A violation or an attempted violation of section 82127(1), (3), (4), (5), (6), or (7), except that only 1 violation or attempted violation of section 82127(6), a local ordinance substantially corresponding to section 82127(6), or a law of another state substantially corresponding to section 82127(6), or a law of the United States substantially corresponding to section 82127(6) may be used as a prior conviction other than for enhancement purposes as provided in section 82129a(1)(b). See Michigan Laws 324.82101

Probate: Proving a will

Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.

Property: means real estate that is contaminated by a release from an underground storage tank system. See Michigan Laws 324.21303

Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.

Psychologist: means an individual who is licensed or authorized under this article to engage in the practice of psychology. See Michigan Laws 333.18201

Public body: means any of the following:

(i) A state officer, employee, agency, department, division, bureau, board, commission, council, authority, or other body in the executive branch of the state government, but does not include the governor or lieutenant governor, the executive office of the governor or lieutenant governor, or employees thereof. See Michigan Laws 15.232

Public corporation: means any county however organized, a city, village, township, charter township, district, or authority existing under the laws of this state. See Michigan Laws 45.582

Public defender: Represent defendants who can't afford an attorney in criminal matters.

Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.

Public record: means a writing prepared, owned, used, in the possession of, or retained by a public body in the performance of an official function, from the time it is created. See Michigan Laws 15.232

qualified elector: as used in this act , means a person who possesses the qualifications of an elector as prescribed in section 1 of article II of the state constitution of 1963 and who has resided in the city or township 30 days. See Michigan Laws 168.10

Qualified program: means any of the following:

(i) A program that is accredited by the Council for the Accreditation of Counseling and Related Educational Programs, includes coursework and training in the diagnosis and treatment of mental and emotional disorders, and is approved by the department in consultation with the board. See Michigan Laws 333.18101

Qualified supervisor: means an individual meeting the requirements described in section 18360. See Michigan Laws 333.18351

Qualified taxpayer: means a taxpayer subject to the minerals severance tax levied under the nonferrous metallic minerals extraction severance tax act. See Michigan Laws 206.31b

Quorum: The number of legislators that must be present to do business.

RBCA: means the American Society for Testing and Materials (ASTM) document entitled standard guide for risk-based corrective action applied at petroleum release sites, designation E 1739-95 (reapproved 2010) E1; standard guide for risk-based corrective action designation E 2081-00 (reapproved 2010) E1; and standard guide for development of conceptual site models and remediation strategies for light nonaqueous-phase liquids released to the subsurface designation E 2531-06 E1, all of which are hereby incorporated by reference. See Michigan Laws 324.21303

Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.

Recreational snowmobile trail improvement subaccount: means the recreational snowmobile trail improvement subaccount of the snowmobile account created in section 82110. See Michigan Laws 324.82101

referral: includes determining the need for referral to 1 or more statutorily regulated mental health professionals whose expertise, skills, and competence are appropriate to the problems of the individual, informing the individual of the referral, and communicating as appropriate with the professional to whom the individual has been referred. See Michigan Laws 333.18101

Registered dietitian nutritionist: means an individual who is credentialed by the Commission on Dietetic Registration or its successor organization as a registered dietitian or registered dietitian nutritionist. See Michigan Laws 333.18351

Registered sanitarian: means a sanitarian registered in accordance with this article. See Michigan Laws 333.18401

Regular election: means an election held on a regular election date to elect an individual to, or nominate an individual for, elective office in the regular course of the terms of that elective office. See Michigan Laws 168.3

Regular election date: means 1 of the dates established as a regular election date in section 641. See Michigan Laws 168.3

Regulated substance: means any of the following:

(i) A substance defined in section 101(14) of title I of the comprehensive environmental response, compensation, and liability act of 1980, Public Law 96-510, 42 USC 9601, but not including a substance regulated as a hazardous waste under subtitle C of the solid waste disposal act, title II of Public Law 89-272, 42 USC 6921 to 6939e. See Michigan Laws 324.21303

Release: means any spilling, leaking, emitting, discharging, escaping, or leaching from an underground storage tank system into groundwater, surface water, or subsurface soils. See Michigan Laws 324.21303

Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.

Residence: as used in this act , for registration and voting purposes means that place at which a person habitually sleeps, keeps his or her personal effects, and has a regular place of lodging. See Michigan Laws 168.11

Respiratory care services: means preventative services, diagnostic services, therapeutic services, and rehabilitative services under the written, verbal, or telecommunicated order of a physician to an individual with a disorder, disease, or abnormality of the cardiopulmonary system as diagnosed by a physician. See Michigan Laws 333.18701

Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.

Roadway: means that portion of a highway or street improved, designated, or ordinarily used for vehicular travel. See Michigan Laws 324.82101

Route: means a forest road or other road that is designated for purposes of this part by the department. See Michigan Laws 324.81101

Rule: means a rule promulgated pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24. See Michigan Laws 324.301

Rules: means rules promulgated by the department in consultation with the board under this part. See Michigan Laws 333.18251

Sanitarian: means an individual who has specialized education and experience in the physical, biological, and sanitary sciences as applied to the educational, investigational, and technical duties in the field of environmental health. See Michigan Laws 333.18401

School: means any of the following accredited or licensed institutions of higher education that meet the minimum standards and curriculum, in compliance with section 16148:

(i) A public or private community college, college, or university. See Michigan Laws 333.17951

School board: means the governing body of a school district, including the board of trustees of a community college. See Michigan Laws 168.4

School board member: means an individual holding the office of school board member under the revised school code, 1976 PA 451, MCL 380. See Michigan Laws 168.4

School district: means a school district, a local act school district, or an intermediate school district, as those terms are defined in the revised school code, 1976 PA 451, MCL 380. See Michigan Laws 168.4

School district election coordinating committee: means 1 of the following:

(i) For a school district whose entire territory lies within a single city or township, a committee composed of the secretary of the school board or his or her designee, the city or township election commission, and the school district election coordinator. See Michigan Laws 168.4

School district election coordinator: means 1 of the following:

(i) For a school district whose entire territory lies within a single city or township, the city or township clerk. See Michigan Laws 168.4

seal: means a seal of high tensile strength that is approved by the secretary of state under section 36. See Michigan Laws 168.14a

seal: shall be construed to include any of the following:

(a) The impression of the seal on the paper alone. See Michigan Laws 8.3n

secular day: means a day that is not a Saturday, Sunday, or legal holiday. See Michigan Laws 168.2

Service of process: The service of writs or summonses to the appropriate party.

Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.

Shall: is a lways mandatory and "may" is always discretionary. See Michigan Laws 206.2

shall not apply: means that the pertinent provision is not operative as to certain persons or things or in conjunction with a particular date or dates. See Michigan Laws 8.4c

Shoulder: means that portion of a highway or street on either side of the roadway that is normally snowplowed for the safety and convenience of vehicular traffic. See Michigan Laws 324.82101

Site: means a location where a release has occurred or a threat of release exists from an underground storage tank system, excluding any location where corrective action was completed which satisfies the applicable RBSL or SSTL. See Michigan Laws 324.21303

Snowmobile: means any motor-driven vehicle that is designed for travel primarily on snow or ice and that utilizes sled-type runners or skis, an endless belt tread, or any combination of these or other similar means of contact with the surface upon which it is operated, but is not a vehicle that must be registered under the Michigan vehicle code, 1949 PA 300, MCL 257. See Michigan Laws 324.82101

Snowmobile account: means the snowmobile account of the Michigan conservation and recreation legacy fund provided for in section 2025. See Michigan Laws 324.82101

Snowmobile registration fee subaccount: means the snowmobile registration fee subaccount of the snowmobile account created in section 82111. See Michigan Laws 324.82101

Social service technician: means an individual registered under this article who is specially trained to practice only under the supervision of a licensed master's social worker or a licensed bachelor's social worker. See Michigan Laws 333.18501

Software: means a set of statements or instructions that when incorporated in a machine usable medium is capable of causing a machine or device having information processing capabilities to indicate, perform, or achieve a particular function, task, or result. See Michigan Laws 15.232

Solid waste: means putrescible and nonputrescible solid wastes, except body wastes, and includes garbage, rubbish, ashes, incinerator ash, incinerator residue, street cleanings, municipal and industrial sludges, commercial and industrial wastes, and any other wastes described in a solid waste management plan or an update of a solid waste management plan approved pursuant to part 115 of Act No. See Michigan Laws 45.582

Solid waste management plan: means the solid waste management plan of a county provided for in part 115 of Act No. See Michigan Laws 45.582

Special election: means an election to elect an individual to, or nominate an individual for, a partial term in office or to submit a ballot question to the electors. See Michigan Laws 168.4

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

Statute: A law passed by a legislature.

Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.

Subpoena: A command to a witness to appear and give testimony.

Surface water: means all of the following, but does not include groundwater or an enclosed sewer, other utility line, storm water retention basin, or drainage ditch:

(i) The Great Lakes and their connecting waters. See Michigan Laws 324.21303

system: means all plants, works, instrumentalities, properties, rights, processes, and contracts used or useful in connection with the collection, transportation, recycling, processing, storing, or disposing, by treatment, incineration, or otherwise, of solid waste, or as may be provided in a solid waste management plan or update of a solid waste management plan approved for a county pursuant to part 115 (solid waste management) of the natural resources and environmental protection act, Act No. See Michigan Laws 45.582

Task force: means the joint task force created in section 17025. See Michigan Laws 333.18001

Testimony: Evidence presented orally by witnesses during trials or before grand juries.

Therapeutic diet: means a diet intervention prescribed by a physician, or another health professional licensed under this article, that provides food or nutrients via oral, enteral, and parenteral routes as part of treatment of a disease or clinical condition to modify, eliminate, decrease, or increase identified micronutrients and macronutrients in the diet, or to provide mechanically altered food when indicated. See Michigan Laws 333.18351

threatened release: means any circumstance that may reasonably be anticipated to cause a release. See Michigan Laws 324.21303

Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.

Trager approach: means a form of movement education that uses subtle directed movements and the skilled touch of a practitioner. See Michigan Laws 333.17951

Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.

Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.

Underground storage tank system: means a tank or combination of tanks, including underground pipes connected to the tank or tanks, which is, was, or may have been used to contain an accumulation of regulated substances, and the volume of which, including the volume of the underground pipes connected to the tank or tanks, is 10% or more beneath the surface of the ground. See Michigan Laws 324.21303

United States: shall be construed to include the district and territories. See Michigan Laws 8.3o

Unrestricted practice of medical nutrition therapy: means the application of dietetics and nutrition knowledge and skills by an individual who regulates and is responsible for the individual's own practice or treatment procedures. See Michigan Laws 333.18351

Unusual circumstances: means any 1 or a combination of the following, but only to the extent necessary for the proper processing of a request:

(i) The need to search for, collect, or appropriately examine or review a voluminous amount of separate and distinct public records pursuant to a single request. See Michigan Laws 15.232

Uphold: The decision of an appellate court not to reverse a lower court decision.

vehicle: means a motor-driven off-road recreation vehicle capable of cross-country travel without benefit of a road or trail, on or immediately over land, snow, ice, marsh, swampland, or other natural terrain. See Michigan Laws 324.81101

Venue: The geographical location in which a case is tried.

Verdict: The decision of a petit jury or a judge.

Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House.

Writing: means handwriting, typewriting, printing, photostating, photographing, photocopying, and every other means of recording, and includes letters, words, pictures, sounds, or symbols, or combinations thereof, and papers, maps, magnetic or paper tapes, photographic films or prints, microfilm, microfiche, magnetic or punched cards, discs, drums, hard drives, solid state storage components, or other means of recording or retaining meaningful content. See Michigan Laws 15.232

Written request: means a writing that asks for information, and includes a writing transmitted by facsimile, electronic mail, or other electronic means. See Michigan Laws 15.232