W. Va. Code R. § 52-2-8

Current through Register Vol. XLI, No. 44, November 1, 2024
Section 52-2-8 - Denials of Request
8.1.
(a) Denials of requests may be issued only in the following circumstances:
(i) the requested record is not known to exist;
(ii) the record is not in the Board's possession;
(iii) the record is exempt from disclosure under the Act; or
(iv) the description of the record sought in the request is not sufficient for the Board to identify and locate the record.
(b) Written notification informing the requestor of the denial must be sent within five days of the Board's receipt of the request. The notification must state the following:
(i) the reason for the denial;
(ii) that the agency's responsibility to provide information is at an end; and
(iii) that the requestor may pursue injunctive or declaratory relief in the circuit court in the county where the public record is kept.

W. Va. Code R. § 52-2-8