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The Oregon Administrative Rules contain OARs filed through August 15, 2014
 
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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

The official copy of an Oregon Administrative Rule is contained in the Administrative Order filed at the Archives Division, 800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the published version are satisfied in favor of the Administrative Order. The Oregon Administrative Rules and the Oregon Bulletin are copyrighted by the 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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