The FOIA does not specifically apply to nongovernmental bodies whose members include governmental officials, unless the body "is created by state or local authority or . . . is primarily funded by the state or local authority." W. Va. Code § 29B-1-2(3).
The use of prohibitive fees is an obvious, and favorite, tactic used by public agencies wishing to discourage requests. On one occasion, for example, West Virginia University initially demanded payment of over eight hundred dollars in search fees and 'overhead costs' for producing a document a few pages long. The fee was subsequently waived after objections were raised.