The Freedom of Information Act is in the West Virginia Code, Chapter 29B. This law exists in order to help journalists and any other citizen gain access to public records. The desire to inspect or copy any record must be made specifically to the custodian of the record. The law states the custodian "shall furnish proper and reasonable opportunities for inspection and examination of the records in his or her office and reasonable facilities for making memoranda or abstracts therefrom, during the usual business hours." This is important because it says that there cannot be unreasonable obstacles in place that prevents access to the public, like making just a half hour window of availability.
The person requesting the documents must provide a purpose for asking for the records. A response to the person requesting the records should be given as soon as possible, but within a maximum of five days, not including Saturdays, Sundays or legal holidays. The response must be one of the following:
"(a) Furnish copies of the requested information;
(b) Advise the person making the request of the time and place at which he or she may inspect and copy the materials; or
(c) Deny the request stating in writing the reasons for such denial."
If the custodian gives written reasoning of denial, his/her responsibility is over. The person requesting the public records can then appeal the denial by going to court. It is also noted that the public body or custodian may establish reasonable fees calculated to reimburse it for its actual cost in making reproducing the records.
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