                                 CODE OF VIRGINIA

DUTIES OF CLERK; RECORDS; COPIES; PERSONAL IDENTIFIABLE INFORMATION; RECORDS
RELATED TO THE ADMINISTRATIVE ACTIVITIES OF THE COMMISSION; UNAUTHORIZED FILINGS
(§ 12.1-19)

A. The clerk of the Commission shall:

   1. Keep a record of all the proceedings, orders, findings, and judgments of
   the public sessions of the Commission, and the minutes of the proceedings of
   each day&#8217;s public session shall be read and approved by the Commission
   and signed by its chairman, or acting chairman;

   2. Subject to the supervision and control of the Commission, have custody of
   and preserve all of the records, documents, papers, and files of the
   Commission, or which may be filed before it in any complaint, proceeding,
   contest, or controversy, and such records, documents, papers, and files shall
   be open to public examination in the office of the clerk to the same extent as
   the records and files of the courts of this Commonwealth;

   3. When requested, make and certify copies from any record, document, paper,
   or file in the clerk&#8217;s office, and if required, affix the seal of the
   Commission (or a facsimile thereof) thereto, and otherwise furnish and certify
   information from the Commission records by any means the Commission may deem
   suitable; and, except when made at the instance of the Commission or on behalf
   of the Commonwealth, a political subdivision of the Commonwealth, or the
   government of the United States, the clerk shall charge and collect the fees
   fixed by &#xA7;&#xA7; 12.1-21.1 and 12.1-21.2; and any such copy or
   information, so certified, shall have the same faith, credit, and legal effect
   as copies made and certified by the clerks of the courts of this Commonwealth
   from the records and files thereof;

   4. Certify all allowances made by the Commission to be paid out of the public
   treasury for witness fees, service of process, or other expenses;

   5. Issue all notices, writs, processes, or orders awarded by the Commission,
   or authorized by law, or by the rules of the Commission;

   6. Receive all fines and penalties imposed by the Commission, all moneys
   collected on judgments, all registration fees required by law to be paid by
   corporations, limited liability companies, and other types of business
   entities, including delinquencies thereof, and all other fees collected by the
   Commission, and shall keep an accurate account of the same and the disposition
   of such receipts and shall, at least once in every 30 days during the
   clerk&#8217;s term of office, render a statement of all such receipts and
   collections to the Comptroller, and pay the same into the treasury of the
   Commonwealth, and shall keep all such other accounts of such collections and
   disbursements, and shall make all such other reports thereof as may be
   required by law or by the regulations prescribed by the Comptroller; and

   7. Generally have the powers, discharge the functions, and perform the duties
   of a clerk of a court of record in all matters within the jurisdiction of the
   Commission. The Commission may designate one or more deputies or assistants of
   the clerk who may discharge any of the clerk&#8217;s official duties during
   the clerk&#8217;s continuance in office.

B. A person who prepares or submits to the office of the clerk of the Commission
a document or any information for filing with the Commission pursuant to Title
8.9A, Title 13.1, or Title 50 is responsible for ensuring that the document or
information does not contain any personal identifiable information, unless such
information is otherwise publicly available or is required or authorized by law
to be included in the document or information provided. For purposes of this
subsection, &#8220;personal identifiable information&#8221; means (i) a social
security number or any other numbers appearing on driver&#8217;s licenses or
other documents issued under Chapter 3 (&#xA7; 46.2-300 et seq.) of Title 46.2
or the comparable law of another jurisdiction; (ii) information on credit cards,
debit cards, bank accounts, or other electronic billing and payment systems;
(iii) a date of birth identified with a particular individual; (iv) the maiden
name of an individual&#8217;s parent; or (v) any financial account number. Any
person who prepares or submits to the office of the clerk a document for filing
that contains personal identifiable information shall be deemed to have
authorized the clerk or any member of the clerk&#8217;s staff to remove, delete,
or obliterate, without prior notice, such information prior or subsequent to
recording or filing the document in the office of the clerk. Nothing in this
subsection shall be deemed to require the clerk to alter any document submitted
for filing. The clerk may refuse to accept for filing any document that includes
personal identifiable information and return it for modification or explanation.
The Commission, its members, the clerk of the Commission, and any member of the
clerk&#8217;s staff are immune from liability in any proceeding arising from any
acts or omissions in the implementation of this subsection. This subsection
shall not be construed to limit, withdraw, or overturn any defense or immunity
that exists under statutory or common law.

C. 1. The Commission shall make available for public inspection records related
to the administrative activities of the Commission.

   2. Disclosure of such records shall not be required, however, if (i) such
   records are otherwise covered by applicable legal privileges, (ii) disclosure
   of such records could threaten the safety or security of the
   Commission&#8217;s employees, physical plant, or information technology assets
   or data, or (iii) such records are not publicly available from other public
   entities under the laws of the Commonwealth, including &#xA7;&#xA7; 2.2-3705.1
   and 2.2-4342.

   3. Records held by the clerk of the Commission related to business entities
   shall be made public or held confidential in accordance with laws and
   regulations applicable specifically to such records.

   4. The Commission shall respond within five business days of receiving
   requests for administrative records. If it is impracticable to provide the
   records requested within such time period, the Commission shall notify the
   requester that an additional seven business days will be required, unless due
   to the scope of the records requested or length of search necessary to locate
   them the Commission requires additional time, which shall not be unreasonable
   in length. When any such requested records are not provided, the Commission
   shall notify the requester of the basis of the denial.

   5. As used in this subsection, &#8220;administrative activities&#8221; means
   matters related to the Commission&#8217;s operational responsibilities and
   operational functions, including its revenues, expenditures, financial
   management and budgetary practices, personnel policies and practices, and
   procurement policies and practices. &#8220;Administrative activities&#8221;
   shall not include the Commission&#8217;s formal or informal regulatory or
   legal proceedings or activities, records related to which shall be governed,
   inter alia, by laws and regulations applicable specifically to such regulatory
   and legal proceedings or activities, or in accordance with applicable legal
   privileges.

D. Notwithstanding any other provision of law, the clerk may review the
circumstances surrounding the execution or delivery of any document associated
with any business entity of record in the office of the clerk that was submitted
for filing under a business entity statute administered by the Commission
pursuant to Title 13.1 or Title 50. If the clerk determines that the person who
executed or delivered the document was without authority to act on behalf of the
business entity, the clerk is authorized (i) to refuse to accept the document
for filing or (ii) if the document has been filed, to summarily remove the
document and any documents and data related to the filing from the records in
the office of the clerk, correct such records, and provide notice to any
business entity affected by the filing. The Commission, its members, the clerk
of the Commission, and any member of the clerk&#8217;s staff are immune from
liability in any proceeding arising from any acts or omissions in the
implementation of this subsection. This subsection shall not be construed to
limit, withdraw, or overturn any defense or immunity that exists under statutory
or common law.

HISTORY: Code 1950, § 12-41; 1964, c. 551; 1971, Ex. Sess., c. 157; 1985, cc.
528, 607; 1991, c. 123; 2001, c. 545; 2002, c. 1; 2010, c. 513; 2014, cc. 174,
197, 347; 2020, cc. 1227, 1246.