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Oregon Bulletin

August 1, 2011

 

Secretary of State,
Archives Division
Chapter 166

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

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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