W. Va. Code R. § 48-17-5 - Responsibilities of the Department

5.01

(a) The Department shall, upon receipt of a written request, mark the request with the date of receipt, and begin to identify and locate the requested information or ask for a more specific request under Section 4.01(a) if necessary.

(b) The Department shall respond in writing to the requestor within five working days of the receipt of the request. Such response shall:

(1) Furnish copies of the requested information;

(2) Advise the requestor of the time and place at which he/she may inspect and copy the information; or

(3) Deny the request stating in writing the reason for such denial.

5.02

(a) Denials of requests may be issued only in following circumstances:

(1) The requested record is not known to exist;

(2) The record is not the Department's possession;

(3) The record is exempt from disclosure under the Act.

(b) A letter informing the requestor of the denial must be sent within the time period specified in Section 5. The letter must clearly state the basis for the denial. The denial notice shall inform the requestor that he or she may appeal the agency's action in accordance with the provisions of Chapter 29B.

Notes

W. Va. Code R. § 48-17-5