FOIA Frequently Asked Questions (FAQ)

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The FOIA database will allow governmental entities who are subject to the FOIA to report information as required by W.Va. State Code §29B-1-3a.

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Any public body (state agency, county government, municipal government, etc.) must report certain information related to FOIA requests they receive into the database.

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Any request received must be reported to the database by the 10th day of the month following the completion of the request. For example, if an agency completes a request on April 15, it must be reported to the database by May 10, but may be reported to the database at any time between those two dates.

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The State of West Virginia FOIA database, as provided by the Secretary of State, is intended to show the resolution of a FOIA request. It is not intended to be used as an internal tracking software for a governmental entity. Statuses such as “pending” or “in progress” will not show in the database.

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The Secretary of State’s Office only accepts reports of FOIA requests electronically through the online system. In order to utilize the online database, follow these steps:

1. A user must first set up an account to begin the process. If you already have an account (i.e. for filing rules electronically), skip to step 2
2. Link to and fill out the FOIA Database Access Form.
3. Email the FOIA Database Access Form to foia@wvsos.gov
4. Receive a notification from the Secretary of State’s Office that you have access to the FOIA database.
5. Login to your account and enter the required information.

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No. There is sufficient space in the database for a user to enter “the nature of the request” (subject) as required by the law. And the law specifically says that governmental bodies are not to submit copies of the documents responsive to the request.

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Paper forms will ONLY be accepted if there is an issue with the availability of the online system and the downtime would cause a governmental body to miss a deadline. Otherwise anyone required by law to report FOIA requests to the database will be required to use the online system.

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The Secretary of State’s Office recognizes that some agencies, counties, and cities receive a high number of FOIA requests. Our system provides a Bulk Upload function. The format of the upload is already set. You should work with your own IT staff to get an export from your system in the format necessary for the Bulk Upload.

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The Secretary of State’s Office has no authority over how you respond to requests. If you are unsure on how to answer a request, you should speak with your governmental body’s attorney for legal guidance. The Secretary of State cannot provide legal assistance.

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All requests for technical assistance should go through our FOIA Database Helpline by emailing foia@wvsos.gov. If the need for assistance is an emergency, you may call our office at 304-558-6000 and ask for help with the FOIA database.

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W.Va. 153 CSR 52 requires that the information entered into the database must be available for a period of five (5) years. After that time, the information will be removed from the database.