The Oregon Administrative Rules contain OARs filed through November 15, 2015

 

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DEPARTMENT OF CONSUMER AND BUSINESS SERVICES,

DIRECTOR'S OFFICE









 

DIVISION 5
ACCESS OF PUBLIC RECORDS, FEES FOR RECORD SEARCH

AND COPIES OF PUBLIC RECORDS

440-005-0001
Authority for Rules
The director has adopted OAR 440-005-0001 to 440-005-0030 by the director's authority under ORS 192.430, 192.440, 656.726, 697.732, 731.244, 731.282, 731.284 and 731.804.
Stat. Auth.: ORS 192.430, 192.440, 656.726, 697.732, 731.244, 731.282, 731.284 & 731.804

Stats. Implemented: ORS 192.410 - 192.505

Hist.: IF 1-1989, f. 6-7-89, cert. ef. 6-15-89; IF 2-1990, f. & cert. ef. 6-4-90
440-005-0005
Applicability of Rule
OAR 440-005-0001 to 440-005-0030 apply to all public records of the Department of Consumer and Business Services (department), and govern the application of ORS 192.410 to 192.505 to these records.
Stat. Auth.: ORS 192.430, 192.440, 656.726, 697.732, 731.244, 731.282, 731.284 & 731.804

Stats. Implemented: ORS 192.410 - 192.505

Hist.: IF 1-1989, f. 6-7-89, cert. ef. 6-15-89; DCBS 2-1994, f. 7-8-94, cert. ef. 8-1-94
440-005-0015
Access to Records
(1) The director, in carrying out responsibilities under ORS 192 as custodian of public records, shall make restrictions and take precautions necessary to protect the integrity of the records and prevent interference with the regular discharge of the department's duties.
(2) Public records of the department may be inspected or examined during the normal working days and hours of the offices of the department at which the records are kept. The inspection or examination shall take place at the main office, a field office, or any other reasonable location designated by the director.
(3) Access to and disclosure of the public records are subject to ORS 192.410 to 192.505, 654.120, 697.732, 706.720, 722.419, 731.264, 731.312, 734.650, 734.830, 744.245 and any other references establishing an exemption to disclosure of public records.
Stat. Auth.: ORS 192.430, 192.440, 656.726, 697.732, 731.244, 731.282, 731.284 & 731.804

Stats. Implemented: ORS 192.430, 192.440, 192.502, 654.120, 697.732, 706.720, 722.419, 731.264 & 731.312

Hist.: IF 1-1989, f. 6-7-89, cert. ef. 6-15-89; IF 2-1990, f. & cert. ef. 6-4-90; DCBS 2-1994, f. 7-8-94, cert. ef. 8-1-94; DO 2-2010, f. 4-15-10, cert. ef. 5-1-10
440-005-0020
Requests to Inspect or Obtain Copies of Public Records
(1) A request to inspect or obtain copies of a public record or information from public records may be made in writing, in person, or by phone. Written requests shall include:
(a) Contact information, such as name, mailing address, telephone number, and e-mail address of the requestor.
(b ) A sufficiently detailed description of the records requested to allow the department to search for and identify records.
(2) DCBS will maintain the procedure for making public records request on its Web site: http://www.oregon.gov/DCBS/Pages/public-records.aspx. The procedure includes a contact person for each division and a list of current fees and charges.
Stat. Auth.: ORS 192, 656, 697 & 731

Stats. Implemented: ORS 192.430

Hist.: IF 1-1989, f. 6-7-89, cert. ef. 6-15-89; DO 2-2010, f. 4-15-10, cert. ef. 5-1-10
440-005-0025
Payment for Inspection and Copies of Public Records
(1) A person who is receiving a copy of a public record or information from a public record shall pay for the department's actual cost for:
(a) Staff time necessary to locate and handle the records, to delete material exempt from disclosure and to supervise the inspection by the requester;
(b) Producing the copy or the information; and
(c) Other supplies or services necessary to furnish the copy or information.
(2) If the cost of providing the records is higher than $25, the department will provide a written cost estimate to the requestor. The requestor must confirm whether he or she wants the department to proceed with responding to the request.
(3) The director may reduce or waive payment of the fee for access of a public record if the director determines that the reduction or waiver will aid the effective administration of department operations or if the release of the information benefits the general public.
(4) The director shall not require payment of fees for the first copy of publications, statutes, administrative rules or public records from public libraries, public educational institutions, or from a federal, state, county or city agency participating in a cooperative program with the department or any company or individual who is the subject of documents such as workers' compensation claim files.
(5) The requester shall pay all fees for access of a public record in advance unless later payment is approved by the director.
Stat. Auth.: ORS 192.430, 192.440, 656.726, 697.732, 731.244, 731.282, 731.284 & 731.804

Stats. Implemented: ORS 192.440

Hist.: IF 1-1989, f. 6-7-89, cert. ef. 6-15-89; IF 2-1990, f. & cert. ef. 6-4-90; DCBS 2-1994, f. 7-8-94, cert. ef. 8-1-94; DO 2-2010, f. 4-15-10, cert. ef. 5-1-10
440-005-0030
Fees and Miscellaneous Charges
The director establishes fees and miscellaneous charges in agency policy, reviewed periodically to ensure all charges reflect no more than the actual cost of producing and processing. The department posts current fees and charges on its Web site: http://egov.oregon.gov/DCBS/records_request.shtml. This information is also available by calling or writing the department.
Stat. Auth.: ORS 192.430, 192.440, 656.726, 697.732, 731.244, 731.282, 731.284 & 731.804

Stats. Implemented: ORS 192.440, 731.282, 731.284 & 731.804

Hist.: IF 1-1989, f. 6-7-89, cert. ef. 6-15-89; IF 2-1990, f. & cert. ef. 6-4-90; DCBS 2-1994, f. 7-8-94, cert. ef. 8-1-94; DO 2-2003, f. 8-15-03, cert. ef. 1-1-04; DO 2-2010, f. 4-15-10, cert. ef. 5-1-10

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