West Virginia
West Virginia Freedom of Information Act
W. Va. Code § 29B-1-1 et seq.
Transparency Score: 67/100
Response Timeline
No fixed statutory response deadline. The statute requires that records be made available 'without unreasonable delay.' Courts have interpreted this on a case-by-case basis depending on the complexity of the request.
No residency requirement. Non-residents and non-taxpayers may request records. The statute applies to any 'person.'
How to Submit a Request
Accepted Methods
No specific format required. Written requests recommended for documentation. Request should identify the records sought with reasonable specificity.
Required Elements
- Description of records sought
- Contact information for response
Optional Elements
- Preferred format (paper vs electronic)
- Preferred delivery method
Fees
Fees for search, review, and duplication are permitted. The 1992 amendment added provisions for electronic records to be provided on electronic media. No statutory fee schedule; fees should be reasonable and reflect actual costs.
Fee Waivers
- In-person inspection is free
- Agencies may waive fees at discretion
In-person inspection is free. No explicit statutory fee waiver provision. Agencies may waive fees at their discretion.
Exemptions
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Personal information (legitimate interest test - balancing privacy against public interest)
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Trade secrets and confidential commercial information
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Public safety and health records (post-9/11 additions)
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Economic development records (§5B-2-1)
West Virginia uses a 'legitimate interest' balancing test for personal information exemptions, weighing privacy interests against public interest in disclosure. Post-9/11 amendments added public safety and health exemptions. Economic development records are exempt under separate statute.
Appeal Process
1
Appeal to the head of the agency or governing body.
2
File suit in circuit court to compel disclosure.
Administrative appeal to agency head, then court action. Mandatory attorney fees for prevailing parties who were unlawfully denied access. The burden is on the government to justify withholding.
Request Templates
NFOIC West Virginia Sample Request →
National Freedom of Information Coalition
RCFP Open Government Guide - West Virginia →
Reporters Committee for Freedom of the Press
MuckRock West Virginia Guide →
MuckRock
Records Retention
W. Va. Code Chapter 5A, Article 8 (5A-8-1 et seq.)
The Records Management and Preservation Board (RMPB) oversees records retention for both state agencies and county governments. No record may be destroyed unless the Director of Archives and History determines it has no further administrative, legal, fiscal, or historical value (5A-8-15).