The Act is covered in the West Virginia Code under Chapter 29B. West Virginia Code. The Legislature Chapter 5. West Virginia Freedom of Information Law doesn’t mess around, as best summed up in the second sentence of its statute: “The people, in delegating authority, do not give their public … The State and Its Subdivisions Chapter 2. WV.gov is the official Web site for the State of West Virginia and is the result of an innovative public-private partnership between the state and West Virginia Interactive. These records can be Criminal proceedings, divorce, marital disputes, civil actions, and more records. (2) “Law-enforcement officer” shall have the same definition as this term is defined in W.Va. Code §30-29-1: Provided, That for purposes of this article, “law-enforcement officer” shall additionally include those individuals defined as “chief executive” in W.Va. Code §30-29-1. The Virginia Freedom of Information Act does not require a statement of purpose, nor are there any restrictions on the use of records. West Virginia Public Records are any documents that are available for public inspection and retrieval in WV. (1) Any person denied the right to inspect the public record of a public body may institute proceedings for injunctive or declaratory relief in the circuit court in the county where the public record is kept. West Virginia Board of Accountancy
(3) Deny the request stating in writing the reasons for such denial. To that end, the provisions of this article shall be liberally construed with the view of carrying out the above declaration of public policy. Free Search Floodplain Management As an agency for the State of West Virginia, the West Virginia Board of Accountancy is subject to the provisions of the West Virginia Freedom of Information Act (W. Va. Code §§ 29B-1 et seq.). (f) The Secretary of State shall maintain an electronic data base of notices of requests as required by section three-a of this article. West Virginia Public Records. (e) The public body may establish fees reasonably calculated to reimburse it for its actual cost in making reproductions of records. (2) In any suit filed under subsection one of this section, the court has jurisdiction to enjoin the custodian or public body from withholding records and to order the production of any records improperly withheld from the person seeking disclosure. Anyone can request public records and a statement of purpose is not required, nor are there restrictions on the use of the records. Vol. According to a document entitled The West Virginia Freedom of Information Act, published by the West Virginia Attorney General's Office: "The State statute on public records, known as the Freedom of Information Act, was enacted for the express purpose of providing full and complete information to all persons about the workings of government and the acts of those who represent them as public officials and employees so that the people may be informed and retain control. Any citizen of Virginia may request public records, however Virginia does limit the right of incarcerated felons to request any records whatsoever. The West Virginia Freedom of Information Act states that “every person” can have access to West Virginia public records. (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. (a) There is a presumption of public accessibility to all public records, subject only to the following categories of information which are specifically exempt from disclosure under this article: (1) Trade secrets, as used in this section, which may include, but are not limited to, any formula, plan pattern, process, tool, mechanism, compound, procedure, production data, or compilation of information which is not patented which is known only to certain individuals within a commercial concern who are using it to fabricate, produce, or compound an article or trade or a service or to locate minerals or other substances, having commercial value, and which gives its users an opportunity to obtain business advantage over competitors; (2) Information of a personal nature such as that kept in a personal, medical, or similar file, if the public disclosure of the information would constitute an unreasonable invasion of privacy, unless the public interest by clear and convincing evidence requires disclosure in this particular instance: Provided, That this article does not preclude an individual from inspecting or copying his or her own personal, medical, or similar file; (3) Test questions, scoring keys, and other examination data used to administer a licensing examination, examination for employment, or academic examination; (4) (A) Records of law-enforcement agencies that deal with the detection and investigation of crime and the internal records and notations of such law-enforcement agencies which are maintained for internal use in matters relating to law enforcement; (B) Records identifying motor vehicles used, and the agencies using them, for undercover investigation activities conducted by state law-enforcement agencies or other agencies that are authorized by this code to use undercover or unmarked vehicles; (5) Information specifically exempted from disclosure by statute; (6) Records, archives, documents, or manuscripts describing the location of undeveloped historic, prehistoric, archaeological, paleontological, and battlefield sites or constituting gifts to any public body upon which the donor has attached restrictions on usage or the handling of which could irreparably damage the record, archive, document, or manuscript; (7) Information contained in or related to examination, operating or condition reports prepared by, or on behalf of, or for the use of any agency responsible for the regulation or supervision of financial institutions, except those reports which are by law required to be published in newspapers; (8) Internal memoranda or letters received or prepared by any public body; (9) Records assembled, prepared, or maintained to prevent, mitigate, or respond to terrorist acts or the threat of terrorist acts, the public disclosure of which threaten the public safety or the public health; (10) Those portions of records containing specific or unique vulnerability assessments or specific or unique response plans, data, databases and inventories of goods or materials collected or assembled to respond to terrorist acts; and communication codes or deployment plans of law-enforcement or emergency response personnel; (11) Specific intelligence information and specific investigative records dealing with terrorist acts or the threat of a terrorist act shared by and between federal and international law-enforcement agencies, state and local law-enforcement, and other agencies within the Department of Military Affairs and Public Safety; (12) National security records classified under federal executive order and not subject to public disclosure under federal law that are shared by federal agencies and other records related to national security briefings to assist state and local government with domestic preparedness for acts of terrorism; (13) Computing, telecommunications, and network security records, passwords, security codes, or programs used to respond to or plan against acts of terrorism which may be the subject of a terrorist act; (14) Security or disaster recovery plans, risk assessments, tests, or the results of those tests; (15) Architectural or infrastructure designs, maps, or other records that show the location or layout of the facilities where computing, telecommunications, or network infrastructure used to plan against or respond to terrorism are located or planned to be located; (16) Codes for facility security systems; or codes for secure applications for facilities referred to in subdivision (15) of this subsection; (17) Specific engineering plans and descriptions of existing public utility plants and equipment; (18) Customer proprietary network information of other telecommunications carriers, equipment manufacturers and individual customers, consistent with 47 U.S.C. There are many different types of records, including West Virginia birth records, criminal records, and business records. Elections Chapter 4. This law specifies that all government information and records are presumed accessible to the public. West Virginia employers who hire West Virginia residents to work in the state of West Virginia must abide by the Federal FCRA. Its provisions must be liberally construed to carry out that purpose. (1) Any person denied the right to inspect the public record of a public body may institute proceedings for injunctive or declaratory relief in the circuit court in the county where the public record is kept. Contact Us |
West Virginia Legislature's Office of Reference & Information. (b) As used in subdivisions (9) through (16), inclusive, subsection (a) of this section, the term “terrorist act” means an act that is likely to result in serious bodily injury or damage to property or the environment and is intended to: (1) Intimidate or coerce the civilian population; (2) Influence the policy of a branch or level of government by intimidation or coercion; (3) Affect the conduct of a branch or level of government by intimidation or coercion; or. Explore the entire West Virginia Court System, and the Supreme Court of Appeals of West Virginia. Complaints of discriminatory treatment by the Commission or its employees may be lodged in writing with Belinda B. Jackson, Public Service Commission of West Virginia, 201 Brooks Street, Charleston, WV 25301, bjackson@psc.state.wv.us, or by calling (304) 340-0300. 2007). ... officials of any public agency to the extent that disclosure would violate their right to privacy are exempt from public disclosure and copying. Find out all court information related to a … Find out all court information related to selected county by clicking the map or click any of the text links below the map. 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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. The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know. West Virginia Public Records Exceptions to publicly available information include trade secrets, information of a personal nature, test questions & scoring keys, investigation files, records relating to undeveloped archaeological sites, and emergency scenario plans & security measures. West Virginia public records are governed by law enforcement agencies, vital records offices, medical institutions, churches and courthouses. Violation of article; penalties. The West Virginia Judiciary makes available searchable online databases of WV Supreme Court Opinions and Public Service Commission of West Virginia Web Dockets, but does not provide a convenient method of remotely accessing criminal case courts records to the general public. Several laws, policies, and guidelines have been instituted to help schools keep student information confidential. The West Virginia Freedom of Information Act makes public all the state’s public records. There are technically a lot of records that’s why you need to be particular when looking for one so you will be directed to the right agency or office. Given that West Virginia court records cover such a wide selection of topics, they could aid you in many different ways. Any custodian of any public records shall, at the expiration of his term of office, appointment or employment, deliver to his successor, or, if there be none, to The Library of Virginia, all books, writings, letters, documents, public records, or other information, recorded on any medium kept or received by him in the transaction of his official business; and any such person who shall refuse or … ", The Freedom of Information Act mandates that every person has a right to inspect and copy any public record of a public body in this state, except as otherwise exempted. (d) All requests for information must state with reasonable specificity the information sought. Links |
If the request is difficult, the government has to notify you about the delay, and you are allowed to appeal the delay if they do not provide you with the information you need. The court shall determine the matter de novo and the burden is on the publi… (5) "Public record" includes any writing containing information prepared or received by a public body, the content or context of which, judged either by content or context, relates to the conduct of the public's business. The legislature falls under the definition of public body found at West Virginia Code, 29B-1-2 and is subject to the West Virginia Freedom of Information Act. The state of West Virginia includes all the territory formerly belonging to the state of Virginia and now comprising the following counties, to wit: Barbour, Berkeley, Boone, Braxton, Brooke, Cabell, Calhoun, Clay, Doddridge, Fayette, Gilmer, Grant, Greenbrier, Hampshire, Hancock, Hardy, Harrison, Jackson, Jefferson, Kanawha, Lewis, Lincoln, Logan, Marion, Marshall, Mason, McDowell, Mercer, Mineral, Mingo, Monongalia, Monroe, Morgan, Nicholas, Ohio, Pendleton, Pleasants, Pocahontas, Preston, Putnam, Ralei… Lack of formal appeals process requires legal action. The court shall determine the matter de novo and the burden is on the public body to sustain its action. All Rights Reserved. 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