Current through Register Vol. XLI, No. 40, October 4, 2024
Section 60-7-5 - Appeal of Confidentiality Determination5.1. Any person adversely affected by a determination regarding confidential information under the Act may appeal the determination to the appropriate circuit court pursuant to the provisions of W. Va. Code § 29A-5-1 et seq. Pursuant to W. Va. Code § 29A-5-4(b), an appeal must be filed within thirty (30) days after the date upon which the aggrieved person received notice of the final decision of the Secretary. The filing of a timely notice of appeal will stay any determination to disclose confidential information pending a final decision on appeal. The scope of review is limited to the question of whether the portion of the records, reports, data or other information sought to be deemed confidential, inspected or copied is entitled to be treated as confidential under the Act. The Secretary will take all measures to afford evidentiary protection in appeals as necessary to protect the confidentiality of the information at issue, including the use of in camera proceedings and the sealing of records when appropriate.