WVC 29 B- 1 - 3
§29B-1-3. Inspection and copying of public record; requests of
Freedom of Information Act requests registry.
(a) Every person has a right to inspect or copy any public
record of a public body in this state, except as otherwise
expressly provided by section four of this article.
(b) A request to inspect or copy any public record of a public
body shall be made directly to the custodian of such public record.
(c) The custodian of any public records, unless otherwise
expressly provided by statute, shall furnish proper and reasonable
opportunities for inspection and examination of the records in his
or her office and reasonable facilities for making memoranda or
abstracts therefrom, during the usual business hours, to all
persons having occasion to make examination of them. The custodian
of the records may make reasonable rules and regulations necessary
for the protection of the records and to prevent interference with
the regular discharge of his or her duties. If the records
requested exist in magnetic, electronic or computer form, the
custodian of the records shall make copies available on magnetic or
electronic media, if so requested.
(d) All requests for information must state with reasonable
specificity the information sought. The custodian, upon demand for
records made under this statute, shall as soon as is practicable
but within a maximum of five days not including Saturdays, Sundays
or legal holidays:
(1) Furnish copies of the requested information;
(2) Advise the person making the request of the time and place
at which he or she may inspect and copy the materials; or
(3) Deny the request stating in writing the reasons for such
denial. A denial shall indicate that the responsibility of the
custodian of any public records or public body to produce the
requested records or documents is at an end, and shall afford the
person requesting them the opportunity to institute proceedings for
injunctive or declaratory relief in the circuit court in the county
where the public record is kept.
(e) The public body may establish fees reasonably calculated
to reimburse it for its actual cost in making reproductions of
records. A public body may not charge a search or retrieval fee or
otherwise seek reimbursement based on a man-hour basis as part of
costs associated with making reproduction of records.
(f) The Secretary of State shall maintain an electronic data
base of notices of requests as required by section three-a of this
article. The database shall be made available to the public via
the Internet and shall list each freedom of information request
received and the outcome of the request. The Secretary of State
shall provide on the website a form for use by a public body to
report the results of the freedom of information request, providing
the nature of the request and the public body's response thereto,
whether the request was granted, and if not, the exemption asserted
under section four of this article to deny the request.
Note: WV Code updated with legislation passed through the 2015 Regular Session
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