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BUREAU OF LABOR AND INDUSTRIES

 

DIVISION 30
PROCEDURAL RULES FOR PUBLIC RECORDS REQUESTS AND PERSONAL SERVICE CONTRACTS
Public Records Requests

839-030-0000
Purpose and Scope
(1) The policy of the State of Oregon gives every person the right to inspect the public records of a public body in this state, as provided in ORS 192.420.
(2) These rules govern Bureau of Labor and Industries procedures for processing public records requests.
(3) In any public records matter not governed by these rules, the Commissioner of the Bureau of Labor and Industries will exercise discretion under the law.
(4) As used in these rules:
(a) "Bureau" means the Bureau of Labor and Industries;
(b) "Commissioner" means the Commissioner of the Bureau of Labor and Industries.
Stat. Auth.: ORS 651.060(4)

Stats. Implemented: ORS 192.420 – ORS 192.430

Hist.: BL 4-1986, f. & ef. 6-16-86; BLI 25-2000, f.11-17-00, cert. ef. 12-1-00
839-030-0010
Public Records Requests
(1) The bureau will make available any
public record requested by any person pursuant to ORS 192.420, unless the record
requested is exempt from disclosure under the provisions of ORS chapter 192 or other
applicable law.
(2) Forms for making public
record requests may be obtained from the bureau’s website or the bureau’s
Custodian of Records.
(3) Upon receipt of a request
for public records, as soon as practicable and without unreasonable delay, bureau
staff will respond to the requester acknowledging receipt of the request and advising
the requester of one of the following:
(a) The bureau is the custodian
of at least some of the requested public records, the form in which the records
are available, and that those not exempt from disclosure under ORS 192.410 to 192.505
will be provided;
(b) The bureau does not possess,
or is not the custodian of, the public record;
(c) The bureau is uncertain
whether it possesses the public record and will search for the public record and
make an appropriate response as soon as practicable; or
(d) More information is needed
to fill the request.
(4) When the bureau determines
it is the custodian of a requested public record under subsection (3)(a) of this
rule, the bureau’s response will also include:
(a) An estimate of the time
the bureau requires before the records may be inspected or copies will be provided
and an estimate of the fees the requester must pay under this rule as a condition
of receiving the records, along with the manner of calculating the fees; or
(b) A statement that an estimate
of the time and fees for disclosure of the records, along with the manner of calculating
the fees, will be provided within a reasonable time.
(5) The bureau may take a
reasonable period of time to locate and retrieve the requested information.
(6) The bureau may charge
a fee reasonably calculated to reimburse the bureau for the actual costs of providing
and conveying copies of public records. If for operational or other reasons the
bureau uses the services of an outside facility or contractor to photocopy requested
records, the bureau may charge the actual costs incurred.
(7) After providing a written
estimate of the fees the requester must pay as a condition of receiving the records,
the bureau may require written confirmation that the requester wants the bureau
to proceed with making the public record available and the form in which the requester
wants the record to be made available. The bureau may require that the fees be paid
before the bureau provides the records.
(8) As used in these rules:
(a) "Page" refers to paper
either 8 1/2 x 11 inches or 8 1/2 x 14 inches. Staff will not reduce size, or otherwise
manipulate records to fit additional records on a page, unless staff concludes that
it will be the most effective use of their time. A double-sided copy is charged
as two pages. Because of the increased staff time involved in double-sided copying,
there is no reduction in the per-page fee;
(b) "Normal and reasonable"
staff time is 10 minutes or less per request.
(9) If the time required
to provide the records requested exceeds normal and reasonable staff time, the actual
costs of staff or supervisor time necessary for locating, reviewing, separating,
redacting, photocopying, certifying and preparing records for mailing or other delivery
or monitoring the review of records will be charged for each hour or fraction thereof
as follows:
(a) Office Specialist 2:
$31.97 per hour;
(b) Administrative Specialist
1: $34.34 per hour;
(c) Administrative Specialist
2: $37.08 per hour
(d) Civil Rights Field Rep
1: $38.48 per hour;
(e) Civil Rights Field Rep
2: $43.19 per hour;
(f) Wage and Hour Compliance
Specialist: $43.19 per hour;
(g) Apprenticeship Representative:
$43.19 per hour;
(h) Compliance Specialist
2: $46.82 per hour;
(i) Compliance Specialist
3: $55.07 per hour;
(j) Training and Development
Specialist 2: $50.75 per hour;
(k) Operations and Policy
Analyst 2: $50.75 per hour;
(l) Administrative Law Judge
3: $77.38 per hour;
(m) Principal Exec/Manager
A: $46.47 per hour;
(n) Principal Exec/Manager
C: $54.86 per hour;
(o) Principal Exec/Manager
E: $67.85 per hour;
(p) Principal Exec/Manager
F: $74.04 per hour;
(q) Principal Exec/Manager
G: $84.44 per hour; and
(r) The total hourly rate
for any other classifications used in processing the public records request.
(10) In addition to staff
time, the bureau will charge for supplies and use of equipment for producing records
as follows:
(a) Twenty-five cents (25¢)
per page for black and white photocopies and sixty cents (60¢) per page for
color copies to recover the costs of photocopying;
(b) The actual cost for postage
or other delivery costs.
(c) Fifty cents per page
for copies provided by facsimile (fax) machine with a limit of 20 pages.
(11) Charges for copies of
Civil Rights Division closed investigative files are calculated based on the weight
of the file.
(12) For electronic public
records, the requester must use blank reproduction media provided by the bureau.
The bureau will provide blank reproduction media at the following rates:
(a) Video cassettes, 2 hours:
$6.00 each;
(b) Audio cassettes: $2.00
each;
(c) Compact disks: $2.00
each;
(d) Flash drives/USB drives:
$7.50 each.
(13) The costs of any necessary
Attorney General review of requested public records will be charged to the requester
at the rate billed by the Department of Justice to the bureau.
(14) The bureau may require
that all fees assessed pursuant to this rule be paid in cash, in exact change, prior
to furnishing any copies, material or information.
(15) When a request is made
to inspect records, the bureau may impose restrictions regarding the location where
the requested information will be made available for inspection. When the bureau
allows the person requesting the information to search or inspect bureau records,
the bureau may, as it deems necessary for the protection of the records, assign
an employee to supervise the search or inspection. The charge for this service will
be in accordance with section (9) of this rule.
(16) The bureau may enter
into agreements to provide routine, periodic reports in a consistent format for
a negotiated price.
(17) The commissioner may
waive the requirements to pay part or all of the fees described in this rule if
the commissioner determines that the waiver or fee reduction is in the public interest
because making the record available primarily benefits the general public.
(a) The commissioner may
require that a request for a fee waiver or reduction be submitted in writing.
(b) In determining whether
making the record available primarily benefits the general public, relevant factors
include, but are not limited to:
(A) The requester’s
identity;
(B) The intended use of the
information;
(C) The character of the
information;
(D) Whether the requested
information is already in the public domain;
(E) Whether the requester
can demonstrate the ability to disseminate the information to the public;
(F) The requester’s
inability to pay, although this alone is not sufficient basis to waive a fee.
(c) Even if the commissioner
determines that making the record available primarily benefits the general public,
the commissioner has discretion whether to grant a fee waiver or reduction. With
respect to a particular records request, factors relevant to that discretion include,
but are not limited to:
(A) Financial hardship on
the agency;
(B) Impact on the operations
of the agency including but not limited to use of staff time, equipment and supplies;
(C) Extent to which inspection
of records would be sufficient for the public interest or the particular needs of
the requester;
(D) Volume of records requested;
and
(E) The necessity of segregating
exempt from non-exempt materials.
Stat. Auth.: ORS 651.060(4)

Stats. Implemented: ORS 192.410
- 192.505

Hist.: BL 4-1986, f. &
ef. 6-16-86; BL 4-1993(Temp), f. 4-7-93, cert. ef. 4-12-93; BL 8-1993, f. &
cert. ef. 9-3-93; BLI 9-1998, f. & cert. ef 11-2-98; BLI 25-2000, f.11-17-00,
cert. ef. 12-1-00; BLI 15-2006, f. 4-6-06, cert. ef. 4-7-06; BLI 34-2008, f. 10-22-08,
cert. ef. 10-25-08; BLI 12-2014, f. & cert. ef. 10-3-14
 
 

Administering Personal Service Contracts

839-030-0300
Personal Service Contracts
(1) The Bureau of Labor and Industries may contract with consultants to provide required services. It is the intent of the bureau to publicly announce requirements for consultant services, and to select consultants on the basis of demonstrated competence and qualifications for the type of professional services required. All such contracts will be executed at a fair and reasonable price.
(2) The personal services contract rules (OAR chapter 125, division 20) of the Oregon Department of Administrative Services are hereby adopted by reference as permanent rules for the Bureau of Labor and Industries, except to the extent modified in this or any other division of OAR chapter 839.
Stat. Auth.: ORS 651.060(4)

Stats. Implemented: ORS 279

Hist.: BL 11-1992, f. & cert. ef. 7-29-92; BLI 25-2000, f.11-17-00, cert. ef. 12-1-00

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