SERIES 6
ARCHIVES AND HISTORY LIBRARY
SERVICES AND FEE GUIDELINES
§ 82-6-1. General.
1.1. Scope. - These procedural rules set forth policies and procedures concerning the availability
to the public of all records and informational materials generated, developed, or held by Archives and
History.
1.2. Authority. - W. Va. Code § 29-1-6
1.3. Filing Date. - December 6, 2004
1.4. Effective Date. - January 15, 2005
1.5. Repeal of former rule. - This procedural rule repeals and replaces WV 82CSR6 "Archives
and History Library Services and Fee Guidelines" filed April 19, 1996, and effective July 1, 1996.
§ 82-6-2. Definitions.
2.1. Emergency requests are research inquiries involving the immediate health and
well-being of a patron, such as documentation necessary for acquiring or sustaining health benefits.
2.2. Research requests are inquiries for information submitted in writing to Archives and
History.
2.3. Rush requests are research inquiries needed on an immediate basis, but not involving
the health and well-being of a patron. These inquiries typically will be responded to within two days.
2.4. Specialized collections consist of any one of the following Archives and History
collections: archives collections, manuscript collections, special collections, photograph collections,
audiovisual archives, maps, state documents, rare books, and other materials requiring staff assistance.
§ 82-6-3. Public Availability and Use.
3.1. Availability of records.
Archives and History's administrative/office records are available to the greatest extent possible
in keeping with the spirit and intent of the Freedom of Information Act. Requestors should address their
requests to the state archivist. The person making the request need not have a particular interest in the
subject matter, nor provide justification for the request except to the extent necessary to determine the
requestor's category for fee assessment purposes. The FOIA requirement that records be available to
the
public refers only to records in existence when the request is submitted. The act does not require an
agency
to compile or create information or records in response to an FOIA request.
3.2. Applying exemptions.
The Freedom of Information Act need not be invoked to obtain access to accessioned collections.
Archives and History will restrict access to a collection or a portion of a collection on which restrictions
have been placed by the donor. To obtain access to a restricted collection, patrons are required to
apply
directly to the donor. Archives and History will not withhold a record unless there is a compelling or
legal
reason to do so.
3.3. Records of other agencies.
In some instances, Archives and History maintains on deposit, but does not accession, the records
of other state government agencies. If Archives and History receives a request to make available such
unaccessioned records on deposit, it shall refer the request to the agency concerned for appropriate
action.
§ 82-6-4. Hours of Use.
Hours for the Archives and History Library are established within the regular operating hours of
the Cultural Center.
§ 82-6-5. Availability of Records and Donated Historical Materials.
5.1. General provisions.
Researchers will normally use documents in the Archives and History Library. Original documents
will not normally be made available when microfilm, photocopies, or other alternative copies of the
documents are available.
5.2. Research procedures and rules.
5.2.a. All patrons must sign and complete the guest book at the registration desk each day
upon initial entry.
5.2.b. Patrons may pull books, materials and microfilm in the library and microfilm storage
rooms. Call slips, with all requested information printed legibly, must be submitted at the desk for
materials
not shelved in these rooms. Materials may be used in the library and microfilm reading rooms only and
may
not be removed. Patrons are not to reshelve any materials but are to return them to designated areas.
5.2.c. Patrons are to limit the number of books at their work area to three (3) and the
number of reels of microfilm to no more than two (2). Other restrictions apply for specialized
collections.
5.2.d. Only pencils may be used by researchers. Use of pens, highlighters, and other writing
and/or marking devices is prohibited.
5.2.e. Smoking, eating, and drinking are prohibited in all library and collections areas.
5.2.f. Arrangement of the materials is to be retained and all materials are to be treated with
great care so as to avoid marking, folding, or damaging in any way.
5.2.g. During the last one-half hour of operation, no materials will be pulled from the closed
stacks or copies made by staff. During the last one-half hour of operation, the microfilm storage room
will
be closed.
5.2.h. All photocopying is done by staff.
5.2.i. Staff is available at the reference or entrance desk to assist patrons.
5.2.j. Patrons are responsible for their personal property. Archives and History assumes
no responsibility for lost or stolen personal belongings or property.
5.2.k. All bags and packages are subject to inspection by staff before departure.
5.2.l. Use of the microfilm readers, reader/printers and on-line public access computers
is on a first-come, first-served basis with sign-up required. When other researchers are waiting to use a
microfilm reader, a two-hour limit is placed on using a reader and readers are assigned according to
sign-up
time on list. Use of reader/printers is limited to fifteen minutes. Use of on-line public access computers
is
limited to thirty minutes. Patrons are not permitted to use personal disks or other storage media on
library
computers.
5.2.m. Damaged materials must be reported immediately to the Archives and History staff.
5.2.n. Use of mechanized copying equipment by patrons is prohibited in all library and
microfilm rooms. Such equipment includes but is not limited to cameras, photocopiers, and scanning
devices.
5.2.o. Use of cellular phones is prohibited.
5.2.p. Patrons will not apply self-adhesive removable notes, tape, paper clips, staples, or
similar objects to any items in the collections.
5.3. Use of specialized collections.
5.3.a. To provide quality access to the specialized collections, researchers should make
an appointment with Archives and History staff at least one week in advance and provide information
on
research topic.
5.3.b. To use the specialized collections, researchers must complete an application form,
which will be kept on file by Archives and History. Refer to Form #1,
WVSA-01, "Library Registration
Form West Virginia State Archives."
5.3.c. Conditions for the use of photographic copies. Refer to Form
#2, WVSA-02,
"Conditions for the Use of Photographic Copies West Virginia State Archives," and Form #4,
WVSA-04,
"Permission for Use of Photographs and Moving Images West Virginia State Archives."
5.3.d. Conditions for the use of moving images footage. Refer to Form
#3, WVSA-03,
"Conditions for the Use of Moving Images Footage West Virginia State Archives," and Form #4,
WVSA-
04, "Permission for Use of Photographs and Moving Images West Virginia State Archives."
5.3.e. When material from the specialized collections is used in a publication, broadcast,
film, exhibition, etc., credit must be given as follows: "West Virginia State Archives." When a specific
collection name is provided by Archives and History, that name must also appear in the credit line.
§ 82-6-6. Requests for Services.
6.1. Research requests must be submitted in writing to the Archives and History Library and must
be accompanied by the applicable minimum research fee as outlined in section 6-7. Research requests
must
be limited to two (2) specific requests for information per letter. Staff research time is set at one-half
hour
per letter. If more than one-half hour of staff time is required, an additional fee will be assessed. If
requests
will require excessive research time, a list will be provided of individuals who conduct genealogical and
historical research for a fee.
6.2. All research requests are assigned in the order of the date of receipt, with the exception of
emergency requests and rush requests.
6.3. Rush and emergency requests may be placed by phone or facsimile transmission, but must be
accompanied by confirmation guaranteeing payment prior to any work on the order. A rush request
may
be denied if staff commitments preclude the completion of said request in the time specified.
§ 82-6-7. Fees.
7.1. Library fees.
7.1.a. A fee of fifteen dollars ($15.00) must accompany each and every
out-of-state research request. This fee is non-refundable and must be paid in advance. This entitles
patrons
to one-half hour of staff research time and two dollars and fifty cents ($2.50) in copy work and postage
and handling. If additional costs for copies, postage and handling, and/or additional research time are
incurred, patrons will be billed.
7.1.b. A fee of five dollars ($5.00) must accompany each and every in-state research
request. This fee is non-refundable and must be paid in advance. This entitles patrons to one-half hour
of
staff research time and two dollars and fifty cents ($2.50) in copy work and postage and handling. If
additional costs for copies, postage and handling, and/or additional research time are incurred, patrons
will
be billed. The fee may be adjusted for West Virginia primary and secondary school students.
7.1.c. If emergency requests can be filled, they will be assessed a ten dollar ($10.00)
fee in addition to the applicable minimum research fee, any additional research and copy costs, and
postage
and handling. If the response is to be transmitted by facsimile or other electronic means, an additional
fee
shall be assessed. Emergency requests are limited to single specific requests. Such requests may be
subject
to review and restrictions.
7.1.d. Rush requests will be assessed a twenty-five dollar ($25.00) fee in addition to
the applicable minimum research fee, any additional research and copy costs, and postage and
handling.
If the response is to be transmitted by facsimile or other electronic means, an additional fee shall be
assessed. Rush requests are limited to single specific requests. Such requests may be subject to review
and restrictions.
7.1.e. Requests requiring excessive staff time will be assessed a fee of twenty dollars
($20.00) per hour for all work exceeding the first half hour, plus all other applicable charges.
7.1.f. The photocopying cost for all 8 1/2" x 11" and 8 1/2" x 14" paper is twenty-five
cents ($.25) per sheet. The photocopying cost for 11" x 17" paper is fifty cents ($.50) per sheet.
7.1.g. The microfilm reader/printer copy cost is fifty cents ($.50) per sheet for 8 1/2"
x 11" and one dollar ($1.00) per sheet for 11" x 17" when staff is required to make the copies. When
patrons make their own copies, using self-service reader/printers, the cost is twenty-five cents ($.25)
per
sheet for 8 1/2" x 11" and fifty cents ($.50) per sheet for 11" x 17".
7.1.h. The computer printer copy cost is twenty-five cents ($.25) per sheet.
7.1.i. Vital Registration birth and death certificates are two dollars and fifty cents
($2.50) per copy.
7.1.j. Land grant records are one dollar and fifty cents ($1.50) for the first page and
one dollar ($1.00) for each subsequent page of the same grant.
7.1.k. Certification of a copied record, as a true and accurate copy of the said record
for historical purposes only, is two dollars and fifty cents ($2.50) for each use of the seal, each page of
a
document to be certified individually. Only copies made by staff can be certified.
7.1.l. Oversized items that can be copied at the Capitol Complex will be assessed a
ten dollar ($10.00) fee, plus the cost of copies, and postage and handling, if applicable. Collections
that
must be copied off the Capitol Complex will be assessed a twenty dollar ($20.00) fee, plus the cost of
copies, and postage and handling, if applicable.
7.1.m. Submission of a claim form for a Union Civil War medal must be accompanied
by a thirty dollar ($30.00) non-refundable payment, which includes the verification process, notification
of
acceptance or rejection, return of documentation, and certified mailing of the medal to successful
claimants.
Refer to Form #9, WVSA-09, "How to Apply for a Civil War Medal at
the West Virginia State
Archives,"
and Form #10, WVSA-10, "Claim Application for Civil War Medals."
7.1.n. Responses to emergency requests and rush requests may be sent via facsimile
transmission. A facsimile transmission fee of one dollar ($1.00) per page will be added to the costs of
those
requests.
7.1.o. Digital files that are transmitted electronically will be assessed a five dollar
($5.00) transmittal fee per file. This fee will be added to the costs of those requests.
7.2. Photograph fees.
7.2.a. The requestor must accept all charges in advance and payment may be
required prior to reproduction or use of photographs.
7.2.b. Reproduction fees. Refer to Form #5, WVSA-05,
"Photograph Reproduction
Fees West Virginia State Archives."
7.2.c. Use fees. Refer to Form #6, WVSA-06, "Photograph
Use Fees West Virginia
State Archives."
7.2.d. Reciprocal arrangements may be considered for state agencies, organizations,
institutions, or individuals who are donors to or supporters of Archives and History.
7.3. Audiovisual Archives fees.
7.3.a. The requestor must accept all charges in advance and payment may be
required prior to transfer, duplication, or use of moving images or audio.
7.3.b. Transfer and duplication fees. Refer to Form #7,
WVSA-07, "Audiovisual
Archives Transfer & Duplication Fees West Virginia State Archives."
7.3.c. Use fees. Refer to Form #8, WVSA-08, "Audiovisual
Archives Use Fees West
Virginia State Archives."
7.3.d. Reciprocal arrangements may be considered for state agencies, organizations,
institutions, or individuals who are donors to or supporters of Archives and History.
7.4. West Virginia History
West Virginia History, the state journal of history, biography, bibliography, and
genealogy, is available on a non-refundable subscription basis. Subscription rates are fifteen dollars
($15.00) per copy in the United States and eighteen dollars ($18.00) per copy outside the United
States.
7.5. Payment of fees
Fees may be paid in cash, by check, money order, or credit card. Remittances from outside the
United States must be made by credit card, international money order, payable in U.S. dollars, or a
check
drawn on a U.S. bank.
7.6. Non-Payment of fees
Non-payment of fees nullifies any additional requests for copies or use of collections until full
payment of outstanding obligations has been made.
