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Oregon Bulletin

October 1, 2012

Department of Justice, Chapter 137

Rule Caption: Adoption of Temporary Rules for Public Records Requests for Concealed Handgun License Records or Information.

Adm. Order No.: DOJ 14-2012(Temp)

Filed with Sec. of State: 8-21-2012

Certified to be Effective: 8-21-12 thru 2-8-13

Notice Publication Date:

Rules Adopted: 137-004-0900

Subject: The 2012 Legislature enacted House Bill 4045, which addresses when public bodies may disclose certain records or information concerning concealed handgun licenses. Specifically, that law prohibits public bodies from disclosing records or information that identify a person as a Current or former holder of, or applicant for, a concealed handgun license, except in certain circumstances. One exception is when a public body determines that a compelling public interest requires disclosure in a particular instance, and the disclosure is limited to the name, age and county of residence of the holder or applicant.

 Additionally, section 2(4) of House Bill 4045 requires the Attorney General to adopt administrative rules to carry out the law. At a minimum, the administrative rules must contain (1) a description of the procedures for submitting a request based upon the “compelling public interest” exception described above, and (2) a description of the materials that an individual must provide to the public body to establish a compelling public interest that supports the disclosure. The proposed rules would satisfy the Attorney General’s obligation under the law to adopt administrative rules.

 If the Department of Justice (the Department) adopts the proposed, temporary rules, the Department plans to initiate a separate and subsequent process to adopt permanent administrative rules that would implement all of House Bill 4045, including but not limited to the “compelling public interest” exception from the prohibition against disclosure. The Department would plan to adopt permanent rules with an effective date of January 2, 2013. The Department anticipates that it would convene a rulemaking advisory committee to make recommendations to the Department, which would consist of interested stakeholders from many different viewpoints, in order to obtain a broad range of perspectives.

Rules Coordinator: Carol Riches—(503) 947-4700

137-004-0900

Public Records Requests for Concealed Handgun License Records or Information

(1) Except as otherwise provided by Oregon Laws 2012, chapter 93, a public body may not disclose records or information that identifies a person as a current or former holder of, or applicant for, a concealed handgun license, unless the public body determines that a compelling public interest requires disclosure in the particular instance and the disclosure is limited to the name, age and county of residence of the holder or applicant.

(2) Requests seeking records or information on the basis of a compelling public interest pursuant to section (1) shall:

(a) Be made in writing and signed by the requestor;

(b) Include a mailing address for the requestor;

(c) Be addressed to the custodian of public records of the public body that possesses the records or information;

(d) Identify the records or information being sought;

(e) State with specificity the reasons why the requestor contends that a compelling public interest requires disclosure of the requested records or information; and

(f) Include any records containing information supporting the requestor’s contention that a compelling public interest requires disclosure.

(3) As used in this rule:

(a) “Custodian” has the meaning given that term in ORS 192.410(1); and

(b) “Public body” has the meaning given that term in ORS 192.410(3).

Stat. Auth.: 2012 OL Ch. 93, §2(4)
Stats. Implemented: 2012 OL Ch. 93, §2(4)
Hist.: DOJ 14-2012(Temp), f. & cert. ef. 8-21-12 thru 2-8-13

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, 2011.

2.) Copyright 2012 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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