Policy, Purpose, And Definitions

Link to law: http://arcweb.sos.state.or.us/pages/rules/oars_100/oar_166/166_005.html
Published: 2015

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

 

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SECRETARY OF STATE, ARCHIVES DIVISION




 

DIVISION 5
POLICY, PURPOSE, AND DEFINITIONS

166-005-0000
Policy
It is the policy of the State of Oregon to assure the preservation of records essential to meet the needs of the state, its political subdivisions and its citizens and to assure the prompt destruction of records without continuing value. Unlawful destruction of any public record, regardless of medium or physical format, is a crime punishable under the provisions of ORS 162.305. Public records may be created and retained in a variety of media and physical formats, including but not limited to paper, microfilm, sound recordings, video recordings, and electronic media, devices and recordkeeping systems.
Stat. Auth.: ORS 192 & 357

Stats. Implemented: ORS 192 & 357

Hist.: OSA 5, f. 12-30-77, ef. 1-1-78; OSA 3-1988, f. & cert. ef. 10-20-88; OSA 3-1996, f. 4-9-96, cert. ef. 4-15-96; OSA 9-2009, f. & cert. ef. 10-15-09
166-005-0005
Purpose
The purpose of these rules is to implement the provisions of ORS 192.005 to 192.170, and 357.825 to 357.895, by providing procedures for the orderly retention and disposition of public records, regardless of medium or physical format; specify standards for appropriate use of microforms and electronic records; specify standards for the protection and storage of public records; and specify rules for the use of the State Archives, State Records Center and Security Copy Depository. General Records Retention Schedules published as a part of these rules provide state and local agencies with the lawful authority to destroy or otherwise dispose of commonly occurring public records.
Stat. Auth.: ORS 192 & 357

Stats. Implemented: ORS 192 & 357

Hist.: OSA 5, f. 12-30-77, ef. 1-1-78; OSA 3-1988, f. & cert. ef. 10-20-88; OSA 3-1996, f. 4-9-96, cert. ef. 4-15-96; OSA 9-2009, f. & cert. ef. 10-15-09
166-005-0010
Definitions for Divisions 5 through 475
As used in these rules, "photocopy",
"political subdivision", "public record", "public writings", and "state agency"
are defined by ORS 192. As used in these rules unless otherwise required by context:
(1) "Accession" means to
take into physical custody a group of records or other materials and to formally
document their receipt.
(2) "Agency" when used alone
means either a state agency or a political subdivision.
(3) "Exempt records" are
public records that do not need to be disclosed under ORS 192.410.
(4) "Excluded records" are
records which are excluded from the definition of public records by ORS 192.005(5)
or other state or federal laws or rules.
(5) “Hard Copy”
means a printout of data stored in a computer.
(6) "Local agency" means
any officer, department, board, commission or institution created by or under the
jurisdiction of a political subdivision of this state.
(7) "Official copy" is that
version of a public record that has been designated by the agency as the record
of a transaction or event, and which is subject to the requirements of laws, rules
and the records retention schedule authorized by the State Archivist.
(8) "Permanent" public records
are those deemed worthy of permanent preservation by the State Archivist and the
official copy of permanent records must be retained in paper or in microfilm.
(9) "Records Management"
means the planning, controlling, directing, organizing, training, promoting and
other managerial activities involving the life cycle of information, including creation,
maintenance (use, storage, retrieval) and disposal, regardless of physical form.
Records management procedures are used to achieve adequate and proper documentation
of state policies and transactions and effective and economical management of agency
and organizational operations.
(10) "Records Officer" refers
to the person designated by a state agency or political subdivision in accordance
with ORS 192.105(2)(a). Records Officers organize and coordinate the agency’s
Records Management Program. Records Officers also serve as their agency’s
primary liaison with the State Archivist and receive training from the State Archivist
in performing their duties. Typical duties include planning, controlling, directing,
organizing, training, promoting the program, and other activities involving the
life cycle of information including records scheduling, retirement, storage and
destruction.
(11) "Record series" is an
itemized listing on a records retention schedule which identifies a single record
or a group of records for purposes of retention and disposition.
(12) "Records Retention Schedule"
means a document produced and approved by the State Archivist listing the length
of time a record needs to be kept for administrative, legal, fiscal or historic
purposes. For state agencies this time represents both the minimum and maximum length
of time a record must be kept. A records retention schedule approved by the State
Archivist is an agency’s legal authorization to destroy public records. The
State Archivist writes two types of records retention schedules. The first is a
special schedule that is written for records unique to an agency, and the second
is a general schedule representing those records that are common to most agencies.
(13) "Retention Period" means
the length of time a public record must be retained as authorized by an applicable
records retention schedule produced and approved by the State Archivist. Retention
periods for state agency records are both a minimum and maximum retention meaning
that the records must be destroyed when the retention has been met as long as there
is no pending litigation and all audit requirements have been satisfied. Retention
periods for local governments are required minimums only.
(14) "Security Copy Depository"
is a storage and retrieval facility operated by the State Archivist for security
copies of microfilm for state and local agencies. The depositing agency maintains
custody of the records and all requests for access to the stored records are made
through authorized persons of that agency.
(15) “Special District”
is any unit of local government other than a city, county, state agency, board,
commission, school, school district, educational service district, college, or university.
(16) "State Archivist" is
the public employee who serves under the Secretary of State and who administers
the Archives Division which operates the State Archives, the State Records Center
and the Security Copy Depository (ORS 192 and 357).
(17) "State Records Center"
is a storage and retrieval facility operated by the State Archivist for inactive
records of state agencies. The depositing agency maintains custody of the records
and all requests for access to the stored records are made through authorized persons
of that agency.
Stat. Auth.: ORS 192 & 357
Stats. Implemented: ORS 192
& 357
Hist.: OSA 5, f. 12-30-77,
ef. 1-1-78; OSA 1-1986, f. & ef. 3-17-86; OSA 3-1988, f. & cert. ef. 10-20-88;
OSA 3-1996, f. 4-9-96, cert. ef. 4-15-96; OSA 9-2009, f. & cert. ef. 10-15-09;
OSA 1-2014, f. & cert. ef. 2-25-14

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