Current through Register Vol. XLI, No. 50, December 13, 2024
Section 81-7-5 - 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 department shall respond to each request, in writing, as soon as practicable, but within a maximum of five (5) working days of receipt of the request. Such response shall: (a) Provide requested information,(b) Advise the requestor of the time and place at which he/she may inspect and/or copy the information,(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 information is made available to the department. Upon receipt by the department of additional information, the five (5) day time limit shall begin anew; or(d) Deny the request stating in writing the reason for such denial and informing the requestor that he/she may appeal the department's action in accordance with W. Va. Code § 29B-1-5. The basis for denial shall include, but not be limited to, the following: (1) The requested record is not known to exist,(2) The record is not in the department's possession, and/or(3) The record is exempt from disclosure under W. Va. Code § 29B-1-4 of the Act or other provisions of federal or state law.5.3. 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.5.4. The department will not honor requests received by department offices other than that of the Superintendent. The five (5) day time limit shall not begin until the request is properly filed with the Office of the Superintendent as detailed in 4.2 above.