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The Oregon Administrative Rules contain OARs filed through July 15, 2014
 
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SECRETARY OF STATE, BUSINESS SERVICES DIVISION

 

DIVISION 60

PUBLIC RECORDS AND DISCLOSURE RULES

167-060-0100

Policy on Public Records

It is the policy of the Secretary of State that public records will be available to all persons, consistent with all laws governing the disclosure of such records and consistent with the need to protect such records, to prevent interference with the regular discharge of duties and to recover fees reasonably calculated to reimburse the Agency for its actual cost in making such records available.

Stat. Auth: ORS 192.430

Stats. Implemented: ORS 192.502

Hist.: BSD 3-2008. f. & cert. ef. 7-16-08

167-060-0110

Requests for Disclosure

(1) Any person may apply for release of public record information.

(2) The request must be in writing, addressed to the Business Services Division Director, 255 Capitol Street NE, Salem, OR 97310 or faxed to (503) 378-4991, and must specify the record(s) from which information is requested, if known. Where applicable, the request must be accompanied by a signed release of information.

(3) The request must include:

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

(b) The telephone number or other contact information for the person requesting the public record; and

(c) A sufficiently detailed description of the record(s) requested to allow the agency to search for and identify responsive records.

(4) The request should be dated and signed by the person requesting the public record.

Stat. Auth: ORS 192.430

Stats. Implemented: ORS 192.502

Hist.: BSD 3-2008. f. & cert. ef. 7-16-08

167-060-0120

Costs for Complying with Request

(1)(a) The Secretary of State may charge a fee reasonably calculated to reimburse its costs of providing and conveying copies of public records. The agency shall charge 25¢ per page for the first 20 pages and 15¢ per page thereafter to recover the costs of photocopying and normal and reasonable staff time to locate, separate, photocopy and return document(s) to file and to prepare/mail public record(s) to requestors. If, for operational or other reasons, the Secretary of State uses the services of an outside facility or contractor to photocopy requested records, it shall charge the actual costs incurred.

(b) “Normal and reasonable” staff time is 10 minutes or less per request.

(2) Additional charges for staff time may be made when responding to record requests that require more than the “normal and reasonable” time for responding to routine record requests. Staff time shall be charged at the hourly billing rate, by position.

(3) In addition to any costs identified under subsections (1) and (2), the Secretary of State may also recoup the cost of time spent by an attorney in reviewing the public records, redacting material from the public records, or segregating the public records into exempt and nonexempt records.

(4) No inspection and/or duplication of record(s) is authorized until payment has been received.

Stat. Auth.: ORS 192
Stats. Implemented: ORS 192.430 & 192.440
Hist.: BSD 3-2008. f. & cert. ef. 7-16-08

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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