12.1-19 - Duties of clerk; records; copies; personal identifiable information. - Virginia Statutes

§ 12.1-19. Duties of clerk; records; copies; personal identifiableinformation.

A. The clerk of the Commission shall:

1. Keep a record of all the proceedings, orders, findings, and judgments ofthe public sessions of the Commission, and the minutes of the proceedings ofeach day's public session shall be read and approved by the Commission andsigned by its chairman, or acting chairman;

2. Subject to the supervision and control of the Commission, have custody ofand preserve all of the records, documents, papers, and files of theCommission, or which may be filed before it in any complaint, proceeding,contest, or controversy, and such records, documents, papers, and files shallbe open to public examination in the office of the clerk to the same extentas 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 his office, and if required, affix the seal of the Commission (ora facsimile thereof) thereto, and otherwise furnish and certify informationfrom 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 theCommonwealth, a political subdivision of the Commonwealth, or the governmentof the United States, he shall charge and collect the fees fixed by §§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 andcertified by the clerks of the courts of this Commonwealth from the recordsand files thereof;

4. Certify all allowances made by the Commission to be paid out of the publictreasury 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 moneyscollected on judgments, all registration fees and franchise taxes required bylaw to be paid by corporations, including delinquencies thereof and all otherfees collected by the Commission, and shall keep an accurate account of thesame and the disposition of such receipts and shall, at least once in everythirty days during his term of office, render a statement of all suchreceipts and collections to the Comptroller, and pay the same into thetreasury of the Commonwealth, and shall keep all such other accounts of suchcollections and disbursements, and shall make all such other reports thereofas may be required by law or by the regulations prescribed by theComptroller; and

7. Generally have the powers, discharge the functions, and perform the dutiesof a clerk of a court of record in all matters within the jurisdiction of theCommission. The Commission may designate one or more deputies or assistantsof the clerk who may discharge any of his official duties during hiscontinuance in office.

B. A person who prepares or submits to the office of the clerk of theCommission a document or any information for filing with the Commissionpursuant to Title 8.9A, Title 13.1, or Title 50 is responsible for ensuringthat the document or information does not contain any personal identifiableinformation, unless such information is otherwise publicly available or isrequired or authorized by law to be included in the document or informationprovided. For purposes of this subsection, "personal identifiableinformation" means (i) a social security number or any other numbersappearing on driver's licenses, (ii) information on credit cards, debitcards, bank accounts, or other electronic billing and payment systems, (iii)a date of birth identified with a particular individual, (iv) the maiden nameof an individual's parent, or (v) any financial account number. Any personwho prepares or submits to the office of the clerk a document for filing thatcontains personal identifiable information shall be deemed to have authorizedthe clerk or any member of his staff to remove, delete, or obliterate,without prior notice, such information prior or subsequent to recording orfiling the document in the office of the clerk. Nothing in this subsectionshall be deemed to require the clerk to alter any document submitted forfiling. The clerk may refuse to accept for filing any document that includespersonal identifiable information and return it for modification orexplanation. The Commission, its members, the clerk of the Commission, andany member of his staff are immune from liability in any proceeding arisingfrom any acts or omissions in the implementation of this subsection. Thissubsection shall not be construed to limit, withdraw, or overturn any defenseor immunity that exists under statutory or common law.

(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.)