W. Va. Code R. § 141-36-11

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 141-36-11 - Processing Access and Amendment Requests

a. When the legality of access or amendment of records is questionable, the technicians responsible for an individual's records at unit level will acknowledge receipt of a request for access or amendment of a record within ten working days after receipt of the request from the individual.

b. An individual requesting access or amendment of his/her records will be informed, within thirty days after receipt of the request, of how access or amendment will be made.

c. When a person responsible for an individual's records at unit level determines that access or amendment should be denied, a copy of the denial, along with the records in question, will be forwarded to The Adjutant General, State of West Virginia, ATTN: WVAR-PA, within ten working days after receipt of a request for access or amendment from the individual concerned. The person responsible for maintenance of the individual's records will also notify the individual of the referral action within the same ten working days following receipt.

d. The packet forwarded in the case to The Adjutant General will include a copy of the request from the individual, a copy of the records in question, and a copy of the reason(s) recommending denial of amendment or access.

W. Va. Code R. § 141-36-11