VIRGINIA FREEDOM OF INFORMATION ACT (FOIA) REQUEST

(Comprehensive Template - Va. Code § 2.2-3700 et seq.)

TABLE OF CONTENTS

1. Overview of Virginia's Freedom of Information Act
2. FOIA Request Letter
3. Records Description Guidance
4. Fee Provisions
5. Response Timeline
6. Exemptions Overview
7. Appeal Procedures
8. Appeal Letter Template
9. Enforcement Mechanisms
10. Follow-Up Letter Template
11. Fee Waiver Request Template
12. Documentation Checklist
13. Key Differences from Federal FOIA
14. State-Specific Notes
15. Sources and References

1. OVERVIEW OF VIRGINIA'S FREEDOM OF INFORMATION ACT

1.1 The Virginia Freedom of Information Act

The Virginia Freedom of Information Act ("Virginia FOIA" or "VFOIA"), codified at Virginia Code § 2.2-3700 et seq., guarantees citizens of the Commonwealth of Virginia and representatives of the news media access to public records held by public bodies, public officials, and public employees. Virginia FOIA is widely regarded as one of the strongest state open records laws in the nation.

1.2 Legislative Policy

Under Va. Code § 2.2-3700(B), the General Assembly declared that:
- The affairs of government are not combative by nature
- Free and open access to government records is vital to an informed citizenry
- All public records shall be presumed open
- Exemptions shall be narrowly construed
- Any doubt about the applicability of an exemption shall be resolved in favor of disclosure

1.3 Who May Request Records

Virginia FOIA applies to:
- Citizens of the Commonwealth of Virginia (Va. Code § 2.2-3704(A))
- Representatives of newspapers and magazines with circulation in the Commonwealth
- Representatives of radio and television stations broadcasting in or into the Commonwealth

A public body may ask for the requester's name and legal address to verify Virginia citizenship or media status. No statement of purpose is required, and there are no restrictions on the use of records obtained through FOIA.

1.4 What Constitutes a "Public Record"

Under Va. Code § 2.2-3701, "public records" means all writings and recordings that consist of letters, words, or numbers, or their equivalent, set down by handwriting, typewriting, printing, photostating, photography, magnetic impulse, optical or magneto-optical form, mechanical or electronic recording, or other form of data compilation, however stored, and regardless of physical form or characteristics, prepared or owned by, or in the possession of a public body or its officers, employees, or agents in the transaction of public business.

1.5 What Constitutes a "Public Body"

Under Va. Code § 2.2-3701, a "public body" includes:
- Any legislative, executive, or judicial body, agency, commission, authority, or board of the Commonwealth
- Any political subdivision of the Commonwealth (counties, cities, towns)
- Any independent authority, board, bureau, commission, council, or committee
- Any other body created by or pursuant to Virginia law
- School boards and educational institutions
- Constitutional officers and their offices

1.6 The Virginia FOIA Council

The Virginia Freedom of Information Advisory Council (the "FOIA Council"), established under Va. Code § 30-178, provides:
- Advisory opinions on FOIA compliance
- Training and education for public officials and citizens
- Mediation of FOIA disputes
- Annual reports to the General Assembly with recommended legislative changes
- The FOIA Council's opinions are non-binding but highly persuasive

2. FOIA REQUEST LETTER

Virginia Freedom of Information Act Request

Date: [__/__/____]

TO:
[________________________________]
(Name of FOIA Officer / Records Custodian)

[________________________________]
(Title)

[________________________________]
(Public Body Name)

[________________________________]
(Street Address)

[________________________________]
(City, Virginia ZIP Code)

Email: [________________________________]
Telephone: [________________________________]

FROM:
[________________________________]
(Requester Full Legal Name)

[________________________________]
(Legal Address)

[________________________________]
(City, Virginia ZIP Code)

Telephone: [________________________________]
Email: [________________________________]

Re: Request for Public Records Pursuant to the Virginia Freedom of Information Act, Va. Code § 2.2-3704

Dear FOIA Officer:

Pursuant to the Virginia Freedom of Information Act, Va. Code § 2.2-3700 et seq., I hereby request access to inspect and/or obtain copies of the following public records maintained by [________________________________] (public body name):

Records Requested:

1. [________________________________]
   (Provide detailed description of first category of records, including date ranges, subject matter, names of individuals, departments, record types, and any other identifying information)

2. [________________________________]
   (Provide detailed description of second category of records)

3. [________________________________]
   (Provide detailed description of third category of records)

4. [________________________________]
   (Provide detailed description of additional records as needed)

Date Range:

This request covers all responsive records dated or created from [__/__/____] through [__/__/____].

Citizenship / Standing:

I am a citizen of the Commonwealth of Virginia as required by Va. Code § 2.2-3704(A). My legal address is provided above.

[If applicable: I am a representative of [________________________________] (news organization), which has circulation/broadcasts in or into the Commonwealth of Virginia.]

Preferred Format:

I request that responsive records be provided in the following format (select one or more):

☐ Paper copies (standard 8.5" x 11")
☐ Electronic copies via email to: [________________________________]
☐ Electronic copies on CD/DVD/USB drive
☐ Inspection of original records at your office
☐ Other format: [________________________________]

Fee Acknowledgment:

I understand that reasonable charges may apply for access to, duplication of, supplying, or searching for requested records pursuant to Va. Code § 2.2-3704(F). I agree to pay authorized charges up to $[____]. If the estimated cost exceeds this amount, please provide an advance cost estimate before proceeding, as required by Va. Code § 2.2-3704(F).

Response Deadline:

Pursuant to Va. Code § 2.2-3704(B), I respectfully request that you respond to this request within five (5) working days of receipt by: (1) providing the requested records; (2) citing specific FOIA exemptions and explaining their applicability to the records withheld; (3) notifying me in writing that the records do not exist; or (4) invoking the additional seven-working-day response period and providing the specific reasons for the extension.

Exemptions and Segregability:

If any portion of the requested records is claimed to be exempt from disclosure, please:
- Cite the specific Code section authorizing the exemption
- Explain in writing how the exemption applies to the specific records withheld
- Provide all reasonably segregable non-exempt portions of the records

Under Va. Code § 2.2-3704.01(B), no record shall be withheld from disclosure in its entirety when it contains both exempt and non-exempt information. The non-exempt portions must be disclosed after redaction of the exempt portions.

Record Preservation:

I respectfully request that all responsive records be preserved and that no destruction or disposal occur while this request is pending.

No Purpose Requirement:

I note that Virginia FOIA does not require me to state the purpose of my request, and there are no restrictions on the use of records obtained through FOIA.

Please contact me at the telephone number or email address listed above if you have any questions about this request.

Respectfully submitted,

[________________________________]
(Signature)

[________________________________]
(Printed Name)

Date: [__/__/____]

3. RECORDS DESCRIPTION GUIDANCE

3.1 Principles for Describing Records

Under Virginia FOIA, requests must identify records with "reasonable specificity" as provided in Va. Code § 2.2-3704(B). The following principles help satisfy this standard:

• Be specific - Identify records by type, date range, subject matter, and involved parties
• Use known terminology - Reference specific forms, report names, or record types used by the public body
• Provide context - Help the FOIA officer understand what you are seeking
• Include date ranges - Narrow the timeframe to reduce search burden and fees
• Reference known records - If you know a specific document exists, identify it directly

3.2 Sample Records Descriptions

Government Contracts and Expenditures:
"All contracts, purchase orders, invoices, and payment records between [Public Body Name] and [Vendor Name] for the period of [Start Date] through [End Date], including any amendments, addenda, change orders, and contractor performance evaluations."

Personnel Records (Non-Exempt Portions):
"All non-exempt personnel records related to [Employee Name or Position Title] within [Department Name] for the period of [Start Date] through [End Date], including records of salary, position, title, and dates of employment."

Meeting Records:
"All agendas, minutes, recordings, supporting documents, and packets for meetings of [Board/Commission/Committee Name] held between [Start Date] and [End Date], including any materials distributed to members in advance of the meetings."

Law Enforcement Records:
"All incident reports, arrest reports, and booking records related to case number [Number] or occurring at [Location] on or about [Date], excluding records specifically exempted under Va. Code §§ 2.2-3706 and 2.2-3706.1."

Financial Records:
"The annual operating budget, detailed line-item expenditure reports, revenue reports, and audited financial statements for [Public Body / Department Name] for fiscal year(s) [Year(s)]."

Communications:
"All emails, letters, memoranda, and text messages sent or received by [Official Name/Title] regarding [Subject Matter] during the period of [Start Date] through [End Date], to the extent not exempt from disclosure under Virginia FOIA."

Inspection and Regulatory Records:
"All inspection reports, notices of violation, corrective action orders, consent agreements, and enforcement records pertaining to [Entity/Facility Name] issued by [Public Body Name] during the period of [Start Date] through [End Date]."

Land Use and Zoning Records:
"All applications, staff reports, correspondence, and decision documents related to [Zoning Case Number / Application Number / Property Address] submitted to or issued by [Planning Commission / Board of Zoning Appeals]."

4. FEE PROVISIONS

4.1 General Fee Rules

Under Va. Code § 2.2-3704(F), the fee provisions for Virginia FOIA requests include:

4.2 Key Fee Principles

• Actual cost only: Public bodies may charge reasonable fees not to exceed actual cost incurred in accessing, duplicating, supplying, or searching for records (Va. Code § 2.2-3704(F))
• No extraneous fees: No public body shall impose any extraneous, intermediary, or surplus fees or expenses to recoup general costs of creating or maintaining records or transacting general business
• Lowest possible cost: Public bodies must make all reasonable efforts to supply records at the lowest possible cost
• Duplication cap: Duplicating fees shall not exceed the actual cost of duplication
• Advance estimate required: Before processing a request when charges will be assessed, the public body must provide the requester with a cost estimate if requested (Va. Code § 2.2-3704(F))

4.3 Advance Cost Estimate

Under Va. Code § 2.2-3704(F):
- A public body must provide a cost estimate in advance if one is requested
- The requester may request an advance estimate at any time before or during processing
- The public body may require payment before providing records if the total charges exceed $200

4.4 When Fees May Be Assessed

Fees may be assessed for:
- Staff time spent searching for records (when the search requires significant time)
- Duplication costs (paper copies, electronic media)
- Supplies or materials needed to fulfill the request
- Mailing or delivery costs if the requester requests delivery

4.5 Challenging Unreasonable Fees

If you believe fees are unreasonable, you may:
- Request an itemized breakdown of charges
- Negotiate with the public body to reduce scope or costs
- Contact the FOIA Council for an advisory opinion on the reasonableness of charges
- File a petition in court under Va. Code § 2.2-3713 challenging the fees as a violation of FOIA

5. RESPONSE TIMELINE

5.1 Initial Response Deadline

Under Va. Code § 2.2-3704(B), a public body must respond within five (5) working days of receiving a FOIA request by taking one of the following actions:

1. Provide the records - Make the requested records available for inspection or provide copies
2. Cite exemptions - In writing, cite the specific Code section that authorizes withholding and explain in writing how the exemption applies to the records withheld
3. Inform that records do not exist - Notify the requester in writing that the public body does not have the requested records
4. Invoke an extension - In writing, invoke the additional seven-working-day response period, providing specific reasons for the extension
5. Provide a cost estimate - Inform the requester of estimated costs if the request involves charges

5.2 Seven-Working-Day Extension

Under Va. Code § 2.2-3704(B)(5), the public body may extend the response period by an additional seven (7) working days (for a total of twelve working days) if:
- The requested records are in a remote location
- A voluminous amount of records has been requested
- A request requires an extensive search
- The requested records have not been located
- The requested records are in active use
- Legal counsel must be consulted regarding the applicability of exemptions

The public body must provide written notice of the extension, including the specific reasons, within the initial five-working-day period.

5.3 Criminal Investigative Files

For requests involving criminal investigative files pursuant to Va. Code § 2.2-3706.1, a law enforcement agency has 60 working days to respond, in addition to the initial five-working-day response period.

5.4 Court Petition for Additional Time

Under Va. Code § 2.2-3704(B)(6), a public body may petition the appropriate court for additional time to respond when:
- The request is for an extraordinary volume of records
- The request requires an extraordinarily lengthy search
- A response within the normal time frame would prevent the public body from meeting operational responsibilities

5.5 Constructive Denial

A failure to respond within the statutory time period (five working days, or twelve working days if an extension is properly invoked) constitutes a denial of the request and triggers the requester's right to seek judicial enforcement.

6. EXEMPTIONS OVERVIEW

6.1 General Principle

Under Virginia FOIA, all public records are presumed open, and exemptions are narrowly construed. The burden is on the public body to justify withholding records. Exemptions are permissive, not mandatory -- public bodies are not required to withhold records even if an exemption applies. They may choose to release exempt records at their discretion.

6.2 Exemption Categories

Virginia FOIA exemptions are organized into several categories under Va. Code §§ 2.2-3705.1 through 2.2-3705.8:

6.2.1 General Exemptions (Va. Code § 2.2-3705.1)

• Personnel records (§ 2.2-3705.1(1)): Records containing personal information about identifiable individuals, including personnel records, unless disclosed with the written consent of the individual or as otherwise allowed
• Attorney-client privilege (§ 2.2-3705.1(2)): Written advice of legal counsel to public bodies
• Attorney work product (§ 2.2-3705.1(3)): Work product of attorneys in pending or reasonably anticipated litigation
• Test questions (§ 2.2-3705.1(4)): Tests, examinations, or scoring keys administered by a public body
• Vendor proprietary information (§ 2.2-3705.1(6)): Trade secrets and proprietary information of private vendors furnished in connection with a contract or procurement
• Computer software (§ 2.2-3705.1(7)): Computer software developed by or for a public body
• Financial records of private citizens (§ 2.2-3705.1(10)): Financial information voluntarily submitted by private entities
• Contract negotiations (§ 2.2-3705.1(12)): Records relating to negotiations of contracts where competition or bargaining is involved, prior to the execution of the contract

6.2.2 Records Relating to Public Safety (Va. Code § 2.2-3705.2)

• Security plans, procedures, and assessments
• Emergency response plans and procedures
• Critical infrastructure vulnerability assessments
• Records relating to the security of government buildings and facilities

6.2.3 Records Relating to Administrative Investigations (Va. Code § 2.2-3705.3)

• Records relating to investigations of applicants for public employment
• Records of complaints, charges, and investigative notes during disciplinary proceedings before final disposition
• Records relating to the investigation of misconduct by public employees

6.2.4 Records Relating to Education (Va. Code § 2.2-3705.4)

• Scholastic records (consistent with FERPA)
• Records of persons admitted to institutions of higher education
• Library records that identify users

6.2.5 Records Relating to Health and Social Services (Va. Code § 2.2-3705.5)

• Health records and medical information
• Records of Department of Social Services regarding public assistance
• Records of abuse and neglect investigations

6.2.6 Records Relating to Law Enforcement (Va. Code § 2.2-3706)

• Criminal incident information is generally public under Va. Code § 2.2-3706(A)
• Criminal investigative files may be withheld under Va. Code § 2.2-3706(B) as they relate to a pending investigation or prosecution, or would reveal investigative techniques

6.2.7 Records of Specific Public Bodies (Va. Code § 2.2-3705.7)

• Records of certain boards, commissions, and authorities that are specifically exempted by statute

6.2.8 Certain Records of the Governor and Lieutenant Governor (Va. Code § 2.2-3705.8)

• Working papers and correspondence of the Governor, Lieutenant Governor, and their staff

6.3 Mandatory vs. Permissive Exemptions

Critically, Virginia FOIA exemptions are permissive under Va. Code § 2.2-3704.01(A). A public body may choose to disclose records that fall within an exemption. The only exceptions are records that must be withheld under other federal or state law (e.g., FERPA, HIPAA).

6.4 Segregability Requirement

Under Va. Code § 2.2-3704.01(B), no record shall be withheld from disclosure in its entirety when it contains both exempt and non-exempt information. The non-exempt portions must be released after redaction of the exempt portions.

7. APPEAL PROCEDURES

7.1 Overview of Remedies

Virginia FOIA provides multiple avenues for challenging a denial:

1. FOIA Council advisory opinion (informal, non-binding)
2. Petition in circuit or general district court (judicial enforcement)

Note: Virginia does not require exhaustion of administrative remedies before filing suit. A requester may proceed directly to court.

7.2 FOIA Council Advisory Opinions

The Virginia FOIA Council provides advisory opinions on FOIA compliance:
- Any person may request an advisory opinion from the FOIA Council
- Opinions are issued within a reasonable time
- Opinions are non-binding but highly persuasive
- The Council can also mediate disputes informally
- Contact: Virginia Freedom of Information Advisory Council, Division of Legislative Services
- Website: https://foiacouncil.dls.virginia.gov/
- Phone: (866) 448-4100 (toll-free)

7.3 Judicial Enforcement

Under Va. Code § 2.2-3713, any person denied rights under FOIA may file a petition for mandamus or injunction in:
- The general district court or circuit court of the jurisdiction where the public body is located or where the denial occurred

Filing Requirements:
- The petition must set forth the nature of the records sought and the grounds for claiming the right of access
- The petition should describe the denial and the public body's stated reasons
- Filing fees apply as in other civil actions

Court Review:
- The court may examine records in camera to determine if exemptions apply
- The court conducts de novo review
- The burden of proof is on the public body to justify withholding
- The public body must demonstrate that the exemption applies and that disclosure would cause the harm the exemption is designed to prevent

Timeline:
- Virginia FOIA petitions are given priority on the court's docket
- The court shall hear the petition within seven (7) days of the filing, if the court is in session, or if not, at the next term of court (Va. Code § 2.2-3713(A))

7.4 Attorney's Fees and Costs

Under Va. Code § 2.2-3713(D):
- The court may award reasonable attorney's fees and costs to the petitioner if the petitioner substantially prevails
- In determining whether to award fees, the court considers whether the public body acted in good faith
- The court also considers whether the public body had a reasonable basis for its position

7.5 Burden of Proof

The public body bears the burden of proving that:
- The exemption claimed actually applies to the specific records withheld
- The public body properly exercised its discretion in invoking the exemption
- Disclosure would cause the harm the exemption is designed to prevent

8. APPEAL LETTER TEMPLATE

8.1 Letter to FOIA Council

Request for Advisory Opinion / Complaint to FOIA Council

Date: [__/__/____]

Virginia Freedom of Information Advisory Council
Division of Legislative Services
Pocahontas Building
900 East Main Street, Suite 701
Richmond, Virginia 23219

Re: Request for Advisory Opinion Regarding Denial of FOIA Request by [________________________________] (Public Body Name)

Dear FOIA Council:

Pursuant to the authority of the Virginia Freedom of Information Advisory Council under Va. Code § 30-178, I respectfully request an advisory opinion regarding the denial of my FOIA request to [________________________________] (public body name).

Background

On [__/__/____], I submitted a FOIA request to [________________________________] (public body name) seeking the following records:

[________________________________]
(Brief description of records requested)

On [__/__/____], [________________________________] (public body name) responded by (select applicable):

☐ Denying the request citing the following exemption(s): [________________________________]
☐ Failing to respond within the five (5) working-day period required by Va. Code § 2.2-3704(B)
☐ Assessing fees in the amount of $[____] that I believe exceed actual costs
☐ Providing only partial production without adequate explanation for withholding
☐ Improperly invoking an extension without providing specific reasons
☐ Other: [________________________________]

Question Presented

[________________________________]
(State the specific FOIA question you want the Council to address)

My Position

[________________________________]
(Explain why you believe the public body violated FOIA, citing specific statutory provisions)

I enclose copies of my original FOIA request and the public body's response for your review.

Thank you for your assistance.

Respectfully submitted,

[________________________________]
(Signature)

[________________________________]
(Printed Name)

Address: [________________________________]
Telephone: [________________________________]
Email: [________________________________]

Date: [__/__/____]

Enclosures: Original FOIA request, Public body response

8.2 Pre-Litigation Demand Letter to Public Body

Demand Letter / Notice of Intent to Seek Judicial Enforcement

Date: [__/__/____]

VIA [________________________________] (Certified Mail / Email / Hand Delivery)

[________________________________]
(Name of FOIA Officer or Head of Public Body)

[________________________________]
(Title)

[________________________________]
(Public Body Name)

[________________________________]
(Street Address)

[________________________________]
(City, Virginia ZIP Code)

Re: Demand for Compliance with Virginia FOIA - Request Dated [__/__/____]

Dear [________________________________]:

On [__/__/____], I submitted a request under the Virginia Freedom of Information Act, Va. Code § 2.2-3700 et seq., seeking the following records:

[________________________________]
(Brief description of records originally requested)

Your response dated [__/__/____] (select applicable):

☐ Denied the request citing: [________________________________]
☐ Failed to respond within the statutory deadline
☐ Assessed unreasonable fees of $[____]
☐ Provided an incomplete production
☐ Other: [________________________________]

Basis for Demand

I respectfully submit that [________________________________] (public body name) has violated Virginia FOIA for the following reasons:

1. [________________________________]
   (Explain why the exemption does not apply or the response was deficient)

2. [________________________________]
   (Cite specific VFOIA provisions supporting your position)

3. [________________________________]
   (Address any additional legal arguments)

Demand for Compliance

I hereby demand that [________________________________] (public body name) provide the requested records within [____] working days of this letter.

Notice of Intent to File Petition

Please be advised that if the requested records are not provided within the time specified above, I intend to file a petition for mandamus or injunction pursuant to Va. Code § 2.2-3713 in the appropriate court. In such an action, I will seek:

1. An order compelling disclosure of the requested records;
2. An award of reasonable attorney's fees and costs pursuant to Va. Code § 2.2-3713(D);
3. Civil penalties as authorized by Va. Code § 2.2-3714; and
4. Such other and further relief as the court deems appropriate.

I also intend to file a complaint with the Virginia Freedom of Information Advisory Council.

I remain willing to resolve this matter without litigation. Please contact me at your earliest convenience.

Respectfully submitted,

[________________________________]
(Signature)

[________________________________]
(Printed Name)

Date: [__/__/____]

cc: Virginia Freedom of Information Advisory Council

9. ENFORCEMENT MECHANISMS

9.1 Judicial Enforcement

Under Va. Code § 2.2-3713, the courts have broad authority to enforce Virginia FOIA:

• Mandamus and injunction: The court may issue a writ of mandamus or injunction compelling the public body to disclose records
• In camera review: The court may examine records privately to determine applicability of exemptions
• De novo review: The court reviews the matter without deference to the public body's decision
• Priority scheduling: FOIA petitions must be heard within seven days of filing if the court is in session (Va. Code § 2.2-3713(A))
• Expedited proceedings: The statutory priority ensures quick resolution of FOIA disputes

9.2 Civil Penalties

Under Va. Code § 2.2-3714:
- A public body that willfully and knowingly violates Virginia FOIA may be assessed civil penalties:
- First violation: Up to $500
- Subsequent violations: Up to $2,000 per violation
- Civil penalties are payable to the Literary Fund
- In addition to penalties assessed against the public body, the court may assess penalties against individual officials who acted willfully and knowingly

9.3 Attorney's Fees and Costs

Under Va. Code § 2.2-3713(D):
- The court may award reasonable attorney's fees and costs to a petitioner who substantially prevails
- In determining the award, the court considers:
- Whether the public body acted in good faith and had a reasonable legal basis for withholding
- Whether the petition was necessary to obtain the records
- The public interest served by disclosure

9.4 Personal Liability

Under Va. Code § 2.2-3714(B):
- If a court finds that a public official willfully and knowingly violated FOIA, the official may be held personally liable for civil penalties
- This personal liability provision provides a strong deterrent against willful noncompliance

9.5 FOIA Council Enforcement (Informal)

While the FOIA Council does not have formal enforcement authority, it can:
- Issue advisory opinions finding that a public body violated FOIA
- Publicize noncompliance in its annual report to the General Assembly
- Recommend legislative changes to address systemic noncompliance
- Provide informal mediation to resolve disputes

10. FOLLOW-UP LETTER TEMPLATE

Follow-Up Letter - Virginia FOIA Request

Date: [__/__/____]

[________________________________]
(Name of FOIA Officer)

[________________________________]
(Title)

[________________________________]
(Public Body Name)

[________________________________]
(Street Address)

[________________________________]
(City, Virginia ZIP Code)

Re: Follow-Up to FOIA Request Dated [__/__/____]

Dear [________________________________]:

On [__/__/____], I submitted a request for public records to [________________________________] (public body name) pursuant to the Virginia Freedom of Information Act, Va. Code § 2.2-3700 et seq. As of the date of this letter, I have (select one):

☐ Not received any response within the five (5) working-day period required by Va. Code § 2.2-3704(B)
☐ Received a notice of extension on [__/__/____], with an additional seven-working-day period that has now expired as of [__/__/____]
☐ Received a partial production on [__/__/____] but am still awaiting additional responsive records
☐ Received a cost estimate of $[____] on [__/__/____] and authorized payment on [__/__/____], but have not yet received the records
☐ Other: [________________________________]

I am writing to inquire about the status of my request and to respectfully ask that responsive records be provided at your earliest opportunity.

Please be advised that under Virginia FOIA, a failure to respond within the statutory timeframe constitutes a denial that may be subject to judicial enforcement under Va. Code § 2.2-3713, including the potential for civil penalties under Va. Code § 2.2-3714 and an award of attorney's fees and costs.

If you require any clarification of my request, or if there are circumstances that prevent timely compliance, please contact me at:

Telephone: [________________________________]
Email: [________________________________]

Thank you for your prompt attention to this matter.

Respectfully submitted,

[________________________________]
(Signature)

[________________________________]
(Printed Name)

Date: [__/__/____]

11. FEE WAIVER REQUEST TEMPLATE

Fee Waiver / Fee Reduction Request - Virginia FOIA

Date: [__/__/____]

[________________________________]
(Name of FOIA Officer)

[________________________________]
(Title)

[________________________________]
(Public Body Name)

[________________________________]
(Street Address)

[________________________________]
(City, Virginia ZIP Code)

Re: Request for Fee Waiver or Reduction - FOIA Request Dated [__/__/____]

Dear [________________________________]:

In connection with my FOIA request dated [__/__/____], I received a cost estimate of $[____]. I respectfully request a waiver or reduction of fees for the following reasons:

Basis for Fee Waiver or Reduction (select all that apply):

☐ Public Interest / Benefit: Disclosure of the requested records is in the public interest because it will contribute significantly to public understanding of the operations or activities of [________________________________] (public body name). The information sought is [________________________________] (explain the public interest).

☐ Non-Commercial Purpose: I am not seeking the records for commercial purposes. The records will be used for [________________________________] (explain non-commercial purpose, such as research, journalism, civic engagement, government oversight, etc.).

☐ News Media Purpose: I am a representative of the news media affiliated with [________________________________] (news organization) and am requesting these records for the purpose of news gathering and public dissemination.

☐ Indigency / Financial Hardship: I am unable to pay the estimated fees of $[____] due to financial hardship. Requiring full payment would effectively deny me access to public records guaranteed by Virginia FOIA.

☐ Academic or Research Purpose: I am a researcher or student affiliated with [________________________________] (institution) and am requesting these records for academic research purposes.

☐ Government Oversight / Accountability: The records sought will be used to promote government accountability and transparency regarding [________________________________] (describe the issue).

☐ Excessive Charges: I believe the estimated fees of $[____] exceed the actual costs permitted under Va. Code § 2.2-3704(F). I request an itemized breakdown of the charges.

☐ Other Basis: [________________________________]

Supporting Information:

[________________________________]
(Provide additional details supporting the fee waiver request)

Virginia FOIA requires that public bodies supply records at the lowest possible cost and prohibits extraneous, intermediary, or surplus fees. I respectfully request that the public body exercise its discretion to waive or reduce fees in this instance.

If a full fee waiver cannot be granted, I request:
☐ A reduction in fees to $[____]
☐ A payment plan allowing installment payments
☐ Assistance in narrowing the request to reduce costs while preserving the core information sought

Thank you for your consideration.

Respectfully submitted,

[________________________________]
(Signature)

[________________________________]
(Printed Name)

Date: [__/__/____]

12. DOCUMENTATION CHECKLIST

12.1 Before Submitting a Request

☐ Identified the correct public body and FOIA officer / records custodian
☐ Verified the public body's FOIA policy and preferred submission method
☐ Confirmed Virginia citizenship or media standing (required under Va. Code § 2.2-3704(A))
☐ Drafted a detailed description of records sought with "reasonable specificity"
☐ Specified preferred format of production (paper, electronic, or inspection)
☐ Set a maximum fee authorization amount
☐ Made a copy of the request for personal records
☐ Noted the date of submission and calculated the five-working-day deadline
☐ Reviewed the public body's FOIA rights and responsibilities document (if posted online)

12.2 After Submitting a Request

☐ Confirmed receipt of request by the public body
☐ Recorded the date of submission: [__/__/____]
☐ Calculated the five-working-day response deadline: [__/__/____]
☐ If extension invoked, calculated the twelve-working-day total deadline: [__/__/____]
☐ Monitored for response within statutory deadlines
☐ Reviewed any cost estimate and authorized payment if acceptable
☐ Verified that the production is complete and includes all responsive records
☐ Checked for proper redactions (not excessive withholding)
☐ Reviewed any claimed exemptions for specific Code section citations and explanations

12.3 If Records Are Denied or Incomplete

☐ Reviewed the written denial for specific exemption citations and explanations
☐ Evaluated whether the cited exemptions actually apply
☐ Determined whether segregable non-exempt portions were provided
☐ Noted whether the denial was for permissive or mandatory exemptions
☐ Contacted the FOIA Council for an advisory opinion (see Section 8.1)
☐ Sent a follow-up letter requesting reconsideration (see Section 10)
☐ Sent a demand / pre-litigation letter (see Section 8.2)
☐ Consulted with an attorney regarding judicial remedies
☐ Filed a petition under Va. Code § 2.2-3713 if necessary
☐ Documented all communications and responses for court records

12.4 Fee-Related Documentation

☐ Requested advance cost estimate before charges were incurred
☐ Reviewed itemized breakdown of charges
☐ Verified that charges reflect actual costs only (no extraneous fees)
☐ Verified that the public body made reasonable efforts to supply records at lowest possible cost
☐ Retained copies of all invoices and payment records
☐ Submitted fee waiver request if applicable (see Section 11)
☐ Challenged unreasonable fees with the FOIA Council or through judicial petition

13. KEY DIFFERENCES FROM FEDERAL FOIA

14. STATE-SPECIFIC NOTES

14.1 Permissive Exemptions

One of Virginia FOIA's most distinctive features is that nearly all exemptions are permissive, not mandatory. Under Va. Code § 2.2-3704.01(A), a public body may choose to release records that fall within an exemption. This means that even if an exemption technically applies, the requester can argue that the public body should exercise its discretion to release the records.

14.2 The FOIA Council

The Virginia FOIA Council is one of the most active and effective FOIA oversight bodies in the nation:
- Provides free advisory opinions to citizens and public bodies
- Maintains a toll-free hotline: (866) 448-4100
- Publishes training materials and guidance documents
- Issues annual reports with legislative recommendations
- Website: https://foiacouncil.dls.virginia.gov/

14.3 FOIA Rights and Responsibilities

Under Va. Code § 2.2-3704.1, every public body is required to post a FOIA rights and responsibilities document:
- The document must include the name of the FOIA officer and how to contact them
- The document must describe the process for making FOIA requests
- The document must explain the public body's FOIA policy regarding fees
- The document must be posted on the public body's website

14.4 No Purpose Requirement

Virginia FOIA does not require a requester to state the purpose of the request. There are no restrictions on the use of records obtained under FOIA. A requester need not explain why the records are sought.

14.5 Court Priority

Virginia FOIA petitions receive statutory priority. Under Va. Code § 2.2-3713(A), the court must hear the petition within seven days of filing if the court is in session. This quick turnaround makes judicial enforcement a practical remedy, not just a theoretical one.

14.6 Civil Penalties for Willful Violations

Virginia's civil penalty provision under Va. Code § 2.2-3714 is one of the strongest in the nation:
- $500 for a first violation
- $2,000 for subsequent violations
- Penalties may be assessed against the public body and against individual officials
- Personal liability for officials who willfully and knowingly violate FOIA

14.7 Criminal Incident Information

Under Va. Code § 2.2-3706(A), certain criminal incident information is specifically required to be disclosed, including:
- The date, time, location, and general description of the crime
- The name and address of the victim (unless release is prohibited)
- The name, address, and charges of any person arrested
- The disposition of charges

14.8 Common Pitfalls for Requesters

• Not establishing Virginia citizenship or media standing in the request
• Failing to describe records with "reasonable specificity"
• Not setting a fee cap, leading to unexpectedly large charges
• Waiting too long to follow up after a missed deadline
• Not understanding that exemptions are permissive and failing to argue for discretionary release
• Not contacting the FOIA Council, which provides free assistance

15. SOURCES AND REFERENCES

Primary Statutory Authority

• Va. Code § 2.2-3700 et seq.: Virginia Freedom of Information Act (full text)
  https://law.lis.virginia.gov/vacode/title2.2/chapter37/

• Va. Code § 2.2-3704: Public records to be open to inspection; procedure for requesting; charges
  https://law.lis.virginia.gov/vacode/title2.2/chapter37/section2.2-3704/

• Va. Code §§ 2.2-3705.1 through 2.2-3705.8: Exemptions from mandatory disclosure

• Va. Code § 2.2-3704.01: Records to be released; discretionary exemptions; mandatory exemptions

• Va. Code § 2.2-3706: Criminal incident and criminal investigative information

• Va. Code § 2.2-3713: Enforcement of chapter; civil penalties

• Va. Code § 2.2-3714: Violations and penalties

• Va. Code § 30-178: Virginia Freedom of Information Advisory Council

Agency Resources

• Virginia FOIA Council: https://foiacouncil.dls.virginia.gov/
  Toll-Free Phone: (866) 448-4100
  Email: [email protected]

• FOIA Council Advisory Opinions: https://foiacouncil.dls.virginia.gov/opinions/opinions.htm

• FOIA Council Training Materials: https://foiacouncil.dls.virginia.gov/training.htm

• FOIA Charges Guide: https://foiacouncil.dls.virginia.gov/ref/FOIA%20Charges%20Guide%202024.html

Additional Resources

• Virginia Coalition for Open Government (VCOG): https://opengovva.org/

• Reporters Committee for Freedom of the Press - Virginia Open Government Guide: https://www.rcfp.org/open-government-guide/virginia/

• National Freedom of Information Coalition - Virginia FOIA Laws: https://www.nfoic.org/virginia-foia-laws/

• Virginia Bar Association - FOIA Information: https://vsb.org/Site/Site/calendar/vfoia.aspx

This template is provided for informational purposes only and does not constitute legal advice. The Virginia Freedom of Information Act and related statutes are subject to legislative amendment and judicial interpretation. Users should consult with a qualified Virginia attorney before relying on this template for any legal purpose. This template was last updated on 2026-02-24.