Oregon Bulletin
Rule Caption: Clarifying Agencies adopting or amending rules incorporating published standards
by reference.
Adm. Order No.: OSA 2-2011(Temp)
Filed with Sec. of State: 7-1-2011
Certified to be Effective: 7-1-11 thru 12-7-11
Notice Publication Date:
Rules Amended: 166-500-0040
Rules Suspended: 166-500-0040(T)
Subject: This rule amendment eliminates a discrepancy found
between ORS 183.355 and OAR 166-500-0040(1)(C).
Rules Coordinator: Julie Yamaka—(503) 378-5199
166-500-0040
Components
of a Permanent Administrative Rule Filing
(1)
Permanent Administrative Rule filings have these three components:
(a) Two
Certificate and Order for Filing Permanent Administrative Rules forms,
including:
(A) One
original filing form bearing the original signature of the agency’s authorized
signer; and
(B) One
photocopy of the original filing form.
(b) One 8
1/2 by 11 inch paper copy of the complete and final rule text for each rule
listed on the Certificate:
(A)
Agencies shall number paper copy pages consecutively and note any special
instructions where needed.
(B)
Agencies shall include tables, appendices and other specially formatted
material in the original paper copy filed with the Administrative Rules Unit.
These items may be omitted from print Oregon Administrative Rule publications
per ORS 183.360(2)(a).
(C)
Agencies adopting or amending rules incorporating published standards by
reference may omit copies of the publications per ORS 183.355(1)(b).
(c) A
diskette or CD that contains:
(A) The
final rule text as described in 166-500-0055;
(B) A Word
copy of the Certificate and Order for Filing Administrative Rules; and
(C) PDFs of
any tables, appendices or other specially formatted material appearing in the
rule text, submitted as described in 166-500-0055(2). These items may be
omitted from print publications, but when possible the Administrative Rules
Unit will include these items in the on-line Administrative Rules Compilation.
(2) Each
Certificate and Order for Filing Permanent Administrative Rules shall be
comprised only of administrative rules for which prior notice was published in
the Oregon Bulletin. This provision does not apply in the case of rules being
renumbered only.
(3) Forms
are available from the Administrative Rules Unit or downloadable from the
Administrative Rules Unit Web Site at
<http://arcweb.sos.state.or.us/banners/rules.htm>.
Stat.
Auth.: ORS 183.360
Stats.
Implemented: ORS 183.325, 183.330, 183.335, 183.355 & 183.360
Hist.: OSA
9-1997(Temp), f. & cert. ef. 10-6-97; [OSA 4-1995, f. 8-15-95, cert. ef.
9-1-95; Suspended by OSA 9-1997(Temp), f. & cert. ef. 10-6-97]; OSA
13-1997, f. & cert. ef. 11-3-97, Renumbered from 166-510-0011; OSA 3-2003,
f. & cert. ef. 11-20-03; OSA 2-2007, f. & cert. ef. 7-31-07; OSA
5-2009, f. & cert. ef. 7-1-09; OSA 1-2011(Temp), f. & cert. ef. 6-10-11
thru 12-7-11; OSA 2-2011(Temp), f. & cert. ef. 7-1-11 thru 12-7-11
Rule Caption: Removing reference to additional destruction requirements found in OAR
166-017-0061, which has not yet been adopted.
Adm. Order No.: OSA 3-2011(Temp)
Filed with Sec. of State: 7-15-2011
Certified to be Effective: 7-15-11 thru 1-11-12
Notice Publication Date:
Rules Amended: 166-030-0060
Subject: This rule amendment removes a reference to
additional destruction requirements in OAR 166-017-0061, which has not yet been
adopted. It is anticipated that 166-017-0061 will be adopted by the conclusion
of the effective dates of this temporary rule change.
Rules Coordinator: Julie Yamaka—(503) 378-5199
166-030-0060
Public
Records Disposition and Destruction (State and Local Agencies)
A Special
Schedule approved by the State Archivist, or an applicable General Schedule
published in OAR Chapter 166, authorizes disposition of public records.
Disposition includes:
(1)
Transfer to the custody of the State Archivist. When the scheduled retention
period specifies transfer to the State Archives, an agency shall transfer its
custody of the specified records to the custody of the State Archivist.
(2)
Shredding, Pulping, or Incineration. Public Records which are confidential by
law and negotiable instruments (even when cancelled or satisfied in writing)
must be destroyed by shredding, pulping, or incineration. The destruction
should be supervised and witnessed by a responsible employee of the agency.
When using a contractor to destroy public records, the state or local agency
must require posting of a bond or undertaking by the contractor to indemnify
the state or local agency against any claims or actions resulting from his
failure to protect the confidentiality of the public records, and must require
a provision precluding sale, transfer, or delivery of the public records to a
third party prior to data obliteration. The agreement shall also include
provisions requiring secure transit to and handling by the contractor; and
prompt processing of the public records by the contractor to fully obliterate
the data they contain by shredding, pulping, or incineration.
(3)
Recycling. Records which are not confidential by law may be sold or traded for
recycling of the fiber or chemical they contain, provided that the sale or
trade agreement includes provisions to ensure that the public records are
promptly converted into a form which precludes use of the information they
contain.
(4) Deposit
in a Library, Museum, or Historical Society with the permission of the State
Archivist. The originals of public records that have been microfilmed in
compliance with ORS 192.040 to 192.070 and OAR 166-025, and other public
records which have continuing local historical value although destruction is
authorized, may be deposited in a Library, Museum, or Historical Society if
disclosure of the record is not prohibited by law and the depository agrees to
comply with ORS 162.305, 192.420, and 192.430. Agreements for such deposits
must stipulate that the depository cannot sell or otherwise dispose of the
records except by lawful and complete destruction or by returning them to the
depositing agency. Permission of the State Archivist is required prior to
transfer of records.
Stat.
Auth.: ORS 192 & 357
Stats.
Implemented: ORS 192, 357.855 & 357.895
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;
OSA 3-2011(Temp), f. & cert. ef. 7-15-11 thru 1-11-12
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 |