Welcome to MuckRock's West Virginia Freedom of Information Act appeal guide!
Each entry provides background and context about an exemption to the public records laws in all fifty states, as well as federal FOIA. Read more about West Virginia's public records law or explore all our expert FOIA guides. Have a public records appeal or information on an exemption we should include? Consider sharing your knowledge with everyone by donating your FOIA appeal language.
Constructive Denial
This guide is for informational purposes only, is general in nature, and is not legal opinion nor legal advice regarding any specific issue or factual circumstance.
There is no legal basis for an agency being completely unresponsive.
Example Appeals
West Virginia Freedom of Information Act §29B-1-3 specifically requires that an agency provide a response to a public records request within 10 business days of receipt of that request.
By failing to respond to this request within the legally-mandated timeframe, this agency is in violation of the law.
Please provide acknowledgement of this request and the responsive materials forthwith. If such materials cannot be produced, please provide an appropriate explanation for this rejection, as is dictated by this agency's legal obligations under the West Virginia Freedom of Information Act. Your accelerated attention to this matter will be greatly appreciated.
Proper Use
An agency has 5 business days to respond to the initial request.
Improper Use
According to the West Virginia Freedom of Information Act “The custodian, upon demand for records made under this statute, shall as soon as is practicable but within a maximum of five days not including Saturdays, Sundays or legal holidays Furnish copies of the requested information, Advise the person making the request of the time and place at which he or she may inspect and copy the materials; or Deny the request stating in writing the reasons for such denial.”