W. Va. Code R. § 46-8-8 - Denials of Requests
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 shall 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.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.