The Oregon Administrative Rules contain OARs filed through November 15, 2015
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OREGON YOUTH AUTHORITY
DIVISION 130
INSPECTION AND COPYING OF PUBLIC RECORDS
416-130-0000
Definitions
(1) "Person" includes any natural person, corporation, partnership, firm or association.
(2) "Public Record" includes any writing containing information relating to the conduct of the public's business prepared, owned, used or retained by a public body regardless of physical form or characteristics.
(3) "Writing" means handwriting, typewriting, printing, photostatting, photographing and every means of recording including letters, words, pictures, sounds or symbols, and all papers, maps, magnetic or paper tapes, photographic films and prints, magnetic or punched cards, disks, drums or other documents.
Stat. Auth.: ORS 420A.025
Stats. Implemented: ORS 192 & ORS 419A.255
Hist.: OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96; OYA 11-2000, f. & cert. ef 12-12-00
416-130-0010
Access
Every person has a right to inspect any public record of the OYA, except as otherwise prohibited by law. The OYA will comply with all federal and state laws and rules concerning disclosure of information.
(1) The OYA will respond to written requests to view or obtain copies of records. If an exemption exists to prohibit such disclosure, the OYA shall notify the requestor in writing, stating the reason for the exemption.
(2) If the public record is maintained in a machine readable or electronic form, OYA shall provide copies of the public record in the form requested, if available. If the public record is not available in the form requested, it shall be made available in the form in which it is maintained.
(3) Upon request of a person with a disability for public records otherwise available to the requester under these rules, OYA will consult with that individual about making the requested records available in alternative print format at no additional cost to the requester.
(4)(a) A person denied access to OYA records may appeal the decision within seven days of receipt of the denial by writing to the person sending the denial notice and stating that an appeal is being requested.
(b) Following the decision in that appeal, a person denied access may petition the Attorney General's office to review the public record to determine if it may be withheld from public inspection. Persons appealing to the Attorney General's office shall form their petition in the manner prescribed by that office.
Stat. Auth.: ORS 420A.025
Stats. Implemented: ORS 192 & ORS 419A.255
Hist.: OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96; OYA 11-2000, f. & cert. ef 12-12-00
416-130-0020
Exemptions from Disclosure
(1) The OYA will comply with exemptions from public disclosure that are defined in the Oregon Public Records Policy (ORS chapter 192), as well as other federal or state laws or rules that prohibit the release of specific types of information.
(2)(a) Individuals may request that a home address or personal telephone number that is otherwise available for public disclosure be exempt from such disclosure when the personal safety of the requestor or a family member residing with the requestor is in danger.
(b) Such requests shall be submitted in writing, signed by the requestor, and include the name or description of the public record that contains the information, the mailing address for the requestor, and evidence to establish that release of the information would constitute a danger. Such evidence includes:
(A) An affidavit, medical record, police report or court record showing that the individual is a victim of domestic violence;
(B) A citation or an order issued for the protection of the individual;
(C) An affidavit or police report showing that a law enforcement officer has been contacted concerning domestic violence, other physical abuse or threatening or harassing letters or telephone calls directed at the individual;
(D) Court records showing that criminal or civil proceedings have been filed regarding physical protection;
(E) A temporary restraining order or other no-contact order;
(F) A citation or court's stalking protective order;
(G) An affidavit or police report showing that the individual has been a victim of a person convicted of the crime of stalking, of violating a court's stalking protective order;
(H) A conditional release agreement providing protection for the individual;
(I) A protective order issued to protect the identity or place of residence;
(J) An affidavit from a district attorney or deputy district attorney stating that the person is scheduled to testify or has testified as a witness at a criminal trial, grand jury hearing or preliminary hearing and that such testimony places the personal safety of the witness in danger;
(K) A court order stating that the person is or has been a party, juror, judge, attorney or involved in some other capacity in a trial, grand jury proceeding or other court proceeding and that such involvement places the person in danger; or
(L) Other documentary evidence that establishes to the satisfaction of the public body that disclosure of the information would constitute a danger to the person.
(3)(a) The OYA shall notify the requestor in writing of its decision whether to grant such request.
(b) If the request is granted, the exemption is valid for five years, unless the requestor sends a written request to terminate the exemption before that time.
Stat. Auth.: ORS 420A.025
Stats. Implemented: ORS 192 & ORS 419A.255
Hist.: OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96; OYA 11-2000, f. & cert. ef 12-12-00
416-130-0030
Supervisor Review
Prior to any person inspecting or copying a public record held by the OYA, the local OYA supervisor/manager shall review the request to determine whether the material may be exempt from public disclosure, as defined in federal and state laws or rules. If there is any doubt as to whether information contained in the record is exempt, the supervisor/manager shall consult with designated regional or state office staff in appropriate program or administrative role to clarify the situation.
Stat. Auth.: ORS 420A.025
Stats. Implemented: ORS 192 & ORS 419A.255
Hist.: OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96; OYA 11-2000, f. & cert. ef 12-12-00
416-130-0040
Time Frame for Inspection and Copy
(1) The time frame for inspection and/or copying of records shall be as soon as reasonably possible from the date of the request, including time to locate and prepare the record.
(2) To protect its records and prevent interference with the regularly scheduled duties of its staff, OYA and the person requesting to inspect the record shall establish a reasonable time at which the records may be inspected.
Stat. Auth.: ORS 420A.025
Stats. Implemented: ORS 192 & ORS 419A.255
Hist.: OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96; OYA 11-2000, f. & cert. ef 12-12-00
416-130-0050
Viewing and Copying Procedures
(1) Prior to allowing examination or copying of a public record, OYA staff shall review the record and separate any material which is exempt from disclosure from non-exempt material. The non-exempt material shall be made available for examination.
(2) OYA shall provide the person requesting examination a place to review the record. A person designated by OYA shall sit with the person reviewing the record in order to assure it is not altered in any way.
(3) The person viewing the record may designate pages to be copied, or may request copies of specific information contained in the record. Only OYA staff shall copy the designated material.
Stat. Auth.: ORS 420A.025
Stats. Implemented: ORS 192 & ORS 419A.255
Hist.: OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96; OYA 11-2000, f. & cert. ef 12-12-00
416-130-0060
Charges
(1) OYA shall charge for the cost of making the record available. Charges for record review and copying are limited to the actual cost of making the record available.
(2) "Actual cost" may include a charge for the time spent in locating the requested records, reviewing the records in order to delete exempt material, supervising a person's inspection of original documents, or copying records, including:
(a) The cost of current salaries, including other payroll expenses, of staff given these duties.
(b) Cost per page for copies at a cost established by OYA.
(c) When an Attorney General's review of the records is required by OYA, a charge will be made to cover the cost of that service.
(d) "Actual cost" includes the cost of search and review time even if the records located are subsequently determined to be exempt from disclosure.
(3) OYA shall inform the requestor of estimated charges and may require a deposit before acting on the request, or may require prepayment of actual costs before making the record available for inspection.
(a) If the actual charges are less than the deposit or prepayment, any overpayment will be promptly refunded; if actual charges exceed the deposit or estimate, the additional charge may be recovered from the requester.
(b) The requester may ask OYA for a waiver of the charges for the cost of making the record available. While it is in the public interest to make the information available, it is also in the public interest to obtain reimbursement for the actual costs of making the record available. OYA shall consider the following when evaluating a request for a fee waiver:
(A) The requester's commercial interest and ability to pay;
(B) The extent of time and expense and interference with the business of the agency;
(C) The extent of the sheer volume of the records;
(D) The necessity to segregate exempt from non-exempt materials; and
(E) The extent to which an examination of the record by the requester is insufficient for the public interest or for the particular needs of the requester.
(c) If OYA denies the request for a waiver of all or part of the actual cost of providing the record, the requester may petition the Attorney General for a review of the denial of the waiver.
Stat. Auth.: ORS 420A.025
Stats. Implemented: ORS 192 & ORS 419A.255
Hist.: OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96; OYA 11-2000, f. & cert. ef 12-12-00
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contained in the Administrative Order filed at the Archives Division,
800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the
published version are satisfied in favor of the Administrative Order.
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