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Oregon Bulletin

June 1, 2011

 

Department of Public Safety Standards and Training
Chapter 259

Rule Caption: Update public record request procedures and fees.

Adm. Order No.: DPSST 4-2011

Filed with Sec. of State: 5-5-2011

Certified to be Effective: 6-1-11

Notice Publication Date: 4-1-2011

Rules Amended: 259-025-0000

Subject: This rule update removes language referring to obsolete practices and establishes a more comprehensive fee schedule, taking into consideration the labor and materials needed to fulfill a request. Language is also added that allows DPSST to withhold records until payment is received.

Rules Coordinator: Linsay Bassler—(503) 378-2431

259-025-0000

Department Fees and Public Records Requests

(1) All information in the custody of the Department of Public Safety Standards and Training (Department) will be disclosed or protected from disclosure in accordance with ORS Chapter 192 and other applicable state and federal laws.

(2) Records Request Procedure: A request for photocopies, facsimile (fax) copies, electronically distributed (e-mail) copies and certifications of public records that are on file with the Department must be made in writing. Submission may be made by mail, fax, e-mail, or in person. The request must include:

(a) The name, address, and telephone number of the person requesting the public record;

(b) The date the request is being made; and

(c) An adequate description of the records being requested including subject matter and approximate creation dates when applicable.

(3) The Department will acknowledge records requests in a reasonable amount of time. In its response, the Department will:

(a) Indicate if they are in possession of the requested records;

(b) Identify the requested records that are exempt from disclosure under current Public Records Law;

(c) Provide an estimate of the expected cost of meeting the request; and

(d) Identify an estimated date by which the information will be provided.

(4) The regular duties of the Department will not be interrupted or interfered with because of time or effort required to respond to records requests.

(5) Records Request Fees: Unless otherwise provided by statute or other administrative rule, the Department may charge fees for recovering actual costs of:

(a) Staff time to research, locate, review, redact, compile and copy records;

(b) All material and media; and

(c) Postage, where applicable.

(6) Basic records requests requiring less than 10 minutes of staff time to compile and provide electronically will be charged a flat rate of $5.

(7) Records requests that require no redacting and are copied and provided to the requestor in paper form will be charged at the rate of $5 for the first 1–10 pages and $.50 for each additional page.

(8) There will be no charge for furnishing normal and necessary records or publications to public safety officers or public safety agencies.

(9) The Department may require payment in advance.

(10) Other Fees: The Department may charge for the use of facilities at the Public Safety Academy.

(11) The Department may charge replacement cost for lost or damaged keys, equipment, or meal cards.

Stat. Auth.: ORS 181.640 & 703.230

Stats. Implemented: ORS 181.640 & 703.230

Hist.: PS 1-1983, f. & ef. 12-15-83; PS 1-1990, f. & cert. ef. 2-7-90; PS 2-1995, f. & cert. ef. 9-27-95; PS 10-1997(Temp), f. & cert. ef. 11-5-97; BPSST 1-1998, f. & cert. ef. 5-6-98; BPSST 2-1998(Temp), f. & cert. ef. 5-6-98 thru 6-30-98; BPSST 3-1998, f. & cert. ef. 6-30-98; BPSST 19-2002, f. & cert. ef. 11-21-02; DPSST 10-2007, f. & cert. ef. 10-15-07; DPSST 4-2011, f. 5-5-11, cert. ef. 6-1-11

Notes
1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2010.

2.) Copyright 2011 Oregon Secretary of State: Terms and Conditions of Use

Oregon Secretary of State • 136 State Capitol • Salem, OR 97310-0722
Phone: (503) 986-1523 • Fax: (503) 986-1616 • oregon.sos@state.or.us

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