Current through Register Vol. XLI, No. 50, December 13, 2024
Section 61-21-5 - Responsibilities of the Department5.1. The Department shall, upon receipt of a properly filed request, affix the date of receipt and initiate a search for the requested information.5.2. The five (5) day time limit for requests for information set forth in W. Va. Code '29B-1-3 shall commence upon receipt of the written request.5.3. The Department's response shall: 5.3.a. Provide the requested information and an invoice for the total amount of fees due; or5.3.b. Advise the requestor of the time and place at which he may inspect and/or copy the information; or5.3.c. Advise the requestor that the description of the information sought is not sufficient to allow the Department to identify and locate the information and that the request cannot be further processed until additional identification is made available to the Department; or5.3.d. Advise the requestor that the information requested is not known to exist or is not in the Department's possession; or5.3.e. Advise the requestor that the information is exempt from disclosure under these rules; or5.3.f. Deny the request giving the reason for the denial and inform the person requesting the information that he has the opportunity to institute proceedings for injunctive or declaratory relief in the circuit court in the county where the public record is kept.5.4. The Department may decline to honor requests which require the creation of a record containing a compilation of records, extraction of information from other records or any statistical analysis of records.5.5. The Department may provide information on computer discs. The information will be provided utilizing the programs and formats in common use in the Department unless the person requesting the information specifies that he or she will be responsible for all costs involved in providing the information in the format that they request.5.6. The Department will not allow any non-employee to operate the computers of the Department for a search of the records.5.7. The Department will not furnish any software to any person. The Department will specify the software that generates the data provided. The Department may convert the data to a format requested, if possible, utilizing the software currently available to the Department.