Stat. Auth.:ORS184.340 & 192.430 Stats. Implemented:ORS192.410 - 192.505 Hist.: Bad 2-1997, F. 6-18-97, Cert. Ef. 7-1-97; Renumbered From 121-020-0050 By Das 2-2012, F. 11-20-12, Cert. Ef. 12-1-12; Das 3-2015, F. & Cert. Ef. 5-29-15

Link to law: http://arcweb.sos.state.or.us/pages/rules/oars_100/oar_125/125_020.html
Published: 2015

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

 

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DEPARTMENT OF ADMINISTRATIVE SERVICES

 





DIVISION 20
ACCESS TO
PUBLIC RECORDS AND PHOTOCOPY(ING) CHARGES
125-020-0010
Definitions
The following definitions shall apply
to all Oregon Administrative Rules contained in OAR chapter 125, division 20, unless
the context requires otherwise:
(1) "Custodian" refers to
a public body mandated, directly or indirectly, to create, maintain, care for or
control a public record. "Custodian" does not include a public body that has custody
of a public record as an agent of another public body that is the custodian, unless
the public record is not otherwise available.
(2) "Department" refers to
the Oregon Department of Administrative Services.
(3) "Designee" refers to
any officer or employee of the Department, appointed by the Director to respond
to requests for public records of the Department of Administrative Services.
(4) "Director" refers to
the Director of the Department of Administrative Services.
(5) "Division" refers to
an organizational component or operating unit of the Department of Administrative
Services.
(6) "Duplication or Duplicating"
refers to the process of reproducing a public record or writing in any format.
(7) "Person" includes any
natural person, corporation, partnership, firm or association.
(8) "Photocopy(ing)" includes
a photograph, microphotograph and any other reproduction on paper or film in any
scale, or the process of reproducing, in the form of a photocopy, a public record
or writing.
(9) "Public body" includes
every state officer, agency, department, division, bureau, board and commission;
every county and city governing body, school district, municipal corporation, and
any board, department, commission, council, or agency thereof; and any other public
agency of this state.
(10) "Public record or writing"
includes a document, book, paper, photograph, file, sound recording, machine readable
electronic record or other material regardless of physical form or characteristics,
made, received, filed or recorded in pursuance of law or in connection with the
transaction of public business, whether or not confidential or restricted in use.
(11) "Requestor" refers to
the person requesting inspection, copies, or other reproduction of a public record
of the Department.
Stat. Auth.: ORS 184.340 & 192.430
Stats. Implemented: ORS 192.410
- 192.505
Hist.: BAD 2-1997, f. 6-18-97,
cert. ef. 7-1-97; Renumbered from 121-020-0010 by DAS 2-2012, f. 11-20-12, cert.
ef. 12-1-12; DAS 3-2015, f. & cert. ef. 5-29-15
125-020-0020
Applicability of Rules
The Administrative Rules set forth in
Chapter 125, Division 20 shall apply to all public records for which the Department
is custodian, except as otherwise administered under OAR 105-010-0011 and 105-010-0016
of the Department's Human Resource Services Division.
Stat. Auth.: ORS 184.340 & 192.430
Stats. Implemented: ORS 192.410
- 192.505
Hist.: BAD 2-1997, f. 6-18-97,
cert. ef. 7-1-97; Renumbered from 121-020-0020 by DAS 2-2012, f. 11-20-12, cert.
ef. 12-1-12; DAS 3-2015, f. & cert. ef. 5-29-15
125-020-0030
Access to Public Records
The Director or designee, in carrying
out responsibilities of ORS 192.430, as custodian of public records:
(1) Shall allow access to
and disclosure of the public records subject to ORS 192.410 to 192.505.
(2) 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; and
(3) Shall allow for inspection
of the Department's public records during normal working days and hours at the location
which the records reside, or any other reasonable location designated by the Director
or designee.
Stat. Auth.: ORS 184.340 & 192.430
Stats. Implemented: ORS 192.410
- 192.505
Hist.: BAD 2-1997, f. 6-18-97,
cert. ef. 7-1-97; Renumbered from 121-020-0030 by DAS 2-2012, f. 11-20-12, cert.
ef. 12-1-12; DAS 3-2015, f. & cert. ef. 5-29-15
125-020-0040
Requests to Inspect or Obtain Copies
of Public Records
(1) A request to inspect or obtain copies
of a public record of the Department shall be made in writing to the Director, and
shall include:
(a) The name, address and
telephone number of the requestor;
(b) Identification of the
records from which information is requested, if known.
(c) The time period the records
were produced and officials involved in producing the records or other relevant
information, if known;
(d) The format in which the
information is needed (i.e. photocopies, audio or video cassette, machine readable,
or electronic format, etc.);
(e) The number of copies
needed, if copies are requested; and
(f) Instruction to the Department
to certify copies, if necessary.
(2) The Director or designee
may waive the requirement, under paragraph (1) of this rule, for a request to be
in writing, if it is determined that effective administration is aided by the waiver.
(3) A review of the requested
records will be conducted by the Department as necessary to determine whether the
records are exempt from disclosure, in accordance with ORS 192.410 to 192.505 and
any other references establishing an exemption to disclosure of public records.
(4) The Director or designee
will advise the requestor, within a reasonable amount of time, whether the records
may be disclosed, the date, time, and place they may be inspected or obtain copies
of the records, and the estimated cost of inspection, duplication, and other related
fees as described in OAR 125-020-0050.
(5) If the requested records
contain information exempt from disclosure, the requestor will be furnished a copy
of the record with the exempt material removed.
(6) The Director or designee
may require and designate a Department employee to supervise the inspection of requested
records.
Stat. Auth.: ORS 184.340 & 192.430
Stats. Implemented: ORS 192.410
- 192.505
Hist.: BAD 2-1997, f. 6-18-97,
cert. ef. 7-1-97; Renumbered from 121-020-0040 by DAS 2-2012, f. 11-20-12, cert.
ef. 12-1-12; DAS 3-2015, f. & cert. ef. 5-29-15
125-020-0050
Fees for Public Records and Other
Services
(1) The Department will establish fees
and miscellaneous charges, for providing access to or copies of public records in
paper, electronic, or other format, based on the Department's actual costs of preparing
and providing the records. Costs associated with a request for public records may
include per page copy and facsimile fees, postage when applicable, staff time to
locate, review, remove information exempt from disclosure, and/or transfer the material
to a requested electronic or other necessary format appropriate for releasing the
public record(s).
(2) No additional fee will
be charged for providing records in an alternative format when required by the Americans
with Disabilities Act.
(3) The Director or designee
may reduce or waive fees when:
(a) Time spent making the
records available for inspection or preparation for photocopying was negligible;
or
(b) Supplying the requested
records is within the normal scope of Department activity; or
(c) Payment would cause extreme
or undue financial hardship upon the requestor; or
(d) Making the record available
primarily benefits the general public.
(4) All fees and charges
must be paid in advance of releasing the requested public records for inspection
or before photocopies are provided. Payments must be made by check or money order
and made payable to the Department of Administrative Services.
(5) Consistent with ORS 279.550,
to conserve and protect the State's resources, photocopies will be produced on recycled
paper in double-sided print format whenever feasible to reduce costs and paper waste.
(6) Due to the threat of
computer virus, the Department will not permit requestors to provide diskettes for
electronic reproduction of computer records. Requests for other electronic reproduction
will be evaluated at the time of the request and a determination made as to the
feasibility and accessibility of the requested electronic format. The Department
may require the requestor to provide the electronic media to which the record(s)
will be copied.
(7) A request for public
records requiring the Department to access the State's mainframe computer system,
may include but not be limited to fees for computer usage time, data transfer costs,
disk work space costs, programming, and fixed portion costs for printing and/or
tape drive usage. Any fees charged the requestor as a result of accessing the State's
mainframe computer system would be included in subsection (9)(h) of this rule.
(8) The Department limits
the transmission of facsimile copies for public record requests to 30 pages.
(9) Fees:
(a) Photocopies (single or
double-sided): 25 cents per page;
(b) Facsimile: $5 1st page,
$1 per page thereafter;
(c) Diskette — 3 1/2
in.: $1 ea.;
(d) Audio Cassette —
90 min.: $1 ea.;
(e) Video Cassette —
2 hrs.: $2 ea.;
(f) Postage/Freight: First
Class or Bulk rate based on weight;
(g) Staff Time: Calculated
based on employee(s) hourly rate of pay;
(h) Indirect Costs/Third
Party Charges: Based on actual/ invoiced fees;
(i) Publications: Fees for
specific publications will be based on actual costs of development, printing and
distribution, and determined by the Division distributing or releasing the publication.
(j) Certification of Public
Record: $5
Stat. Auth.: ORS 184.340 & 192.430
Stats. Implemented: ORS 192.410
- 192.505
Hist.: BAD 2-1997, f. 6-18-97,
cert. ef. 7-1-97; Renumbered from 121-020-0050 by DAS 2-2012, f. 11-20-12, cert.
ef. 12-1-12; DAS 3-2015, f. & cert. ef. 5-29-15



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