WVFOIA Request Guide
This guide walks through the full lifecycle of a WVFOIA request: finding the right agency, writing an effective request, what to expect in return, and what to do if your request is denied.
Step 1 — Identify the Custodian
Section titled “Step 1 — Identify the Custodian”Every public body in West Virginia is subject to WVFOIA. Before submitting, determine which agency actually holds the records you want.
- Most state agencies publish a FOIA coordinator on their official website. Check the agency’s contact or public records page.
- For county and municipal bodies (county commissions, school boards, city councils), contact the clerk’s office.
- If you’re unsure which agency has the records, you can submit to multiple agencies or ask the most likely one to refer you.
Tip: The Secretary of State’s FOIA Request Database shows which agencies receive requests — useful for identifying active custodians.
Step 2 — Describe the Records
Section titled “Step 2 — Describe the Records”You do not need to use any magic words, cite specific code sections, or explain your purpose. You do need to describe the records with reasonable particularity so the agency can locate them.
A good description includes:
- The type of record (emails, contracts, meeting minutes, inspection reports, etc.)
- A date range (e.g., “January 1, 2023 through December 31, 2023”)
- Subject matter or keywords relevant to the records
- Names of individuals or offices involved, if known
Overly broad requests may be delayed or result in an agency seeking clarification. Overly narrow requests may miss responsive records. Strike a balance.
Step 3 — Write the Request
Section titled “Step 3 — Write the Request”Your request must be in writing. A simple letter or email is sufficient. Include:
- Your name and contact information (mailing address, email, or both)
- A clear description of the records you are seeking (see Step 2)
- Your preferred delivery method (email, postal mail, or in-person pickup)
- A statement that you are making the request pursuant to the West Virginia Freedom of Information Act, W. Va. Code §29B-1-1 et seq.
Sample Request Language
Section titled “Sample Request Language”[Date]
WVFOIA Request
To the FOIA Coordinator, [Agency Name]:
Pursuant to the West Virginia Freedom of Information Act, W. Va. Code §29B-1-1 et seq., I request copies of the following records:
[Describe records with specificity — type, date range, subject matter.]
Please provide the records electronically by email if possible. If any portion of this request is denied, please identify the specific exemption relied upon and provide all non-exempt portions.
Thank you for your assistance.
[Your Name] [Your Email / Mailing Address]
Step 4 — Submit and Document
Section titled “Step 4 — Submit and Document”Send your request by email, mail, fax, or hand-delivery. Agencies are not required to accept telephone requests.
- Email is the fastest and creates an automatic paper trail. Save the sent message and any acknowledgment.
- Mail: use certified mail with return receipt so you have proof of the delivery date.
- Note the date you submitted — the agency’s 5-business-day response window begins on receipt.
Step 5 — Await the Agency’s Response
Section titled “Step 5 — Await the Agency’s Response”Agencies must respond within 5 business days of receiving your request. The response must be one of:
| Response | What it means |
|---|---|
| Production of records | The agency provides the records (may be partial) |
| Denial | Agency asserts an exemption; must cite the specific statutory basis |
| Extension notice | Agency needs more time and must state a reasonable completion date |
| Clarification request | Agency cannot identify the records as described |
If you receive no response within 5 business days, that constructive denial may be treated as a denial and you may proceed to appeal.
Agencies may charge reasonable fees for search, duplication, and review time. They must notify you of estimated fees before incurring costs. You may request a fee waiver by showing that disclosure serves the public interest. Requests for expedited processing may also be made when there is urgency.
If Your Request Is Denied
Section titled “If Your Request Is Denied”Request Reconsideration
Section titled “Request Reconsideration”Start by contacting the agency’s FOIA coordinator to ask for clarification or reconsideration. Sometimes a narrowed or reworded request resolves the issue.
File a Petition in Circuit Court
Section titled “File a Petition in Circuit Court”If reconsideration fails, a requester may challenge any denial — or unreasonable delay — by filing a petition in the circuit court of the county where the public body is located. W. Va. Code §29B-1-5.
- The court reviews the matter de novo (fresh, not deferential to the agency).
- The court may examine records in camera (privately) to decide whether an exemption applies.
- If you prevail, the court must award reasonable attorney fees and costs.
- Willful violations are a misdemeanor, punishable by a fine up to $500.
Get Help
Section titled “Get Help”- Contact WVFOIC — We can offer general guidance on your situation.
- WV Press Association and Reporters Committee for Freedom of the Press maintain resources and referrals for journalists.
- The WV State Bar Lawyer Referral Service can connect you with an attorney experienced in open records law.