HARDY COUNTY RURAL DEVELOPMENT AUTHORITY HARDY COUNTY, WEST VIRGINIA PROCEDURES AND GUIDELINES
WEST VIRGINIA FREEDOM OF INFORMATION ACT
I. Background
a. The Hardy County Rural Development Authority (“Authority”) is a public agency created and established pursuant to Chapter 7, Article 12 of the West Virginia Code.
b. As a public agency, the Authority is subject to the provisions of the West Virginia Freedom of Information Act as set forth in Chapter 29B, Article 1 of the West Virginia Code (“FOIA”).
c. The Authority’s purpose is to promote, develop and advance the business prosperity and economic welfare of Hardy County, West Virginia.
d. The Authority’s policy with respect to FOIA requests is to comply in all respects with FOIA and to respond to FOIA requests in a timely, consistent and lawful manner.
e. The Authority acknowledges that it has a legal obligation to disclose all nonexempt public records in its possession pursuant to a properly submitted FOIA request.
f. As a public agency whose primary responsibility is economic development, the Authority acknowledges that it needs to balance the public’s interest in having access to certain public records with the Authority’s interest in protecting the privacy of individuals, businesses, and other stakeholders considering an investment in Hardy County, West Virginia.
II. Procedure to Submit a FOIA Request to the Authority
a. A FOIA request must reasonably specify the public record or records sought. In general, this means that the request must sufficiently describe a public record so as to enable the Authority to find it.
b. A public record must relate to the public’s business, be in the possession of the Authority, and not be exempt from disclosure before the Authority can produce it for the requestor. The Authority will not create new documents or other records to satisfy a FOIA request.
c. Requests should include the words “FOIA” or “FOIA Request” to assist the Authority in providing a timely response.
d. Requests may be submitted on the FOIA request form. Click HERE or the link at the bottom of this page to print or download a copy of the FOIA request form.
e. The Authority’s FOIA Request Form is available on the Authority’s website at www.hardycountywv.com or at the Authority’s Office.
f. Requests may be delivered in person or by mail:
Hardy County Rural Development Authority
Executive Director
223 N Main St #102
Moorefield, WV 26836
g. Requests may be faxed to: (304) 530-6995. To ensure a prompt response, faxed requests should contain the term “FOIA” or “FOIA Request” on the first/cover page.
h. Requests may be emailed to: hardyrda@hardynet.com. To ensure a prompt response, email requests should contain the term “FOIA” or “FOIA Request” in the subject line.
III. Response by the Authority to a FOIA Request
a. The Authority will issue a response within five (5) business days after receiving a FOIA request. The date a FOIA request is received is not part of the five-business-day response period.
b. The Authority will respond in writing to your request and either:
i. Grant the request and furnish copies of the requested information or redacted portions of the requested information;
ii. Advise the person making the request of a time and place at which he or she may inspect and copy the materials; or
iii. Deny the request stating the reasons for such denial.
c. The Authority may request additional time to respond to a FOIA request if the nature of the request and reasonable circumstances warrant. If the Authority requests additional time, it will endeavor to substantively respond to the FOIA request as soon as practicably possible.
IV. Rules Necessary to Protect Records and Prevent Interference with the Authority’s Purpose.
a. The Authority may charge a fee reasonably calculated to compensate the Authority for the actual cost incurred by the Authority to produce the requested records. This means the Authority may charge for actual expenses necessary to reproduce records but it will not charge for the time spent by Authority personnel to respond to the request.
b. If the cost of processing a request is expected to exceed $50 the Authority may require a deposit before processing the request.
c. If the Authority elects to permit a person submitting a FOIA request to inspect and copy public records in its custody:
i. The Authority will define the time and place to so inspect and copy the records, which shall occur during regular business hours;
ii. The person inspecting and copying of the Authority’s records may not unreasonably disrupt the Authority’s ordinary activities or cause the Authority to incur unreasonable costs to accommodate such inspection and copying; and
iii. The Authority reserves the right to terminate such inspection and copying and provide an alternative response to the requestor if the requestor’s behavior, actions or request unreasonably interferes with the Authority’s business activities.
d. Confidential Business Records:
i. With the exception of agreements entered into or signed by the Authority which obligate public funds, the Authority is prohibited from disclosing any documentary material, data or other writing it makes or receives for the purpose of furnishing assistance to a new or existing business in Hardy County, West Virginia. See W. Va. Code§ SB-2-1.
ii. The Authority will deny a FOIA request seeking access to inspect or copy such Confidential Business Records.
iii. Copies of agreements that have been entered into or signed by the Development Office or the Authority that obligate public funds are not Confidential Business Records.
V. How to challenge the denial of a FOIA Request
a. A response by the Authority denying a FOIA request is final and not subject to appeal within the Authority.
b. Any requestor who believes that all or a portion of a public record has not been disclosed, or has been improperly exempted from disclosure, may institute proceedings for injunctive or declaratory relief in the Circuit Court of Hardy County, West Virginia.