W. Va. Code R. § 69-10-11

Current through Register Vol. XLI, No. 36, September 6, 2024

Section 69-10-11 - Confidentiality and Immunity

11.1. The Secretary will treat and maintain any criminal background search information obtained under this article as confidential. The Secretary will limit the use of records solely to the purposes authorized by W. Va. Code §§ 16-49-1, et seq. The criminal history record information in the custody of the Secretary is not subject to subpoena, other than one issued in a criminal action or investigation; is confidential by law and privileged; and is not subject to discovery or admissible in evidence in any private civil action.

11.2. The Secretary, the Department, and its employees are immune from liability, civil or criminal, that might otherwise be incurred or imposed for good faith conduct in determining eligibility or granting variances permitted by this rule.