(1)The director or his designee shall provide nonexempt program records for inspection in accordance with ORS Chapter 192 (Records).
(2)The person requesting inspection of the records may be charged in advance the Department’s cost for locating, compiling, copying, and mailing the records. Such costs shall include but not be limited to costs incurred in locating records, separating exempt and nonexempt records, having a custodian present during the inspection, preparing lists of data, making photocopies, and telefaxing materials. Fees to be collected shall be set forth in the Department’s schedule of fees and may be amended from time to time as the Department in its sole discretion may determine.
(3)Except as otherwise provided in ORS Chapter 192 (Records), records exempt from disclosure include but are not limited to:
(a)Reports and analyses of reports obtained in confidence from creditors, employers, customers, suppliers, and others which bear on the borrower’s character, finances, management ability, and reliability and which were obtained from persons or firms not required by law to submit them;
(b)Financial statements, tax returns, business records, employment history and other personal data submitted by or for borrowers, or analysis of such data;
(c)Interdepartmental advisory memoranda developed prior to a loan insurance decision;
(d)Formulas, plans, designs and related information which constitute trade secrets under ORS Chapter 192 (Records);
(e)Personal financial statements;
(f)Financial statements of borrower’s;
(h)Information of a borrower pertaining to litigation to which the borrower is a party if the complaint has been filed, or if the complaint has not been filed, if the borrower shows that such litigation is reasonably likely to occur. This exemption does not apply to litigation which has been concluded and nothing is this section shall limit any right or opportunity granted by discovery or deposition statutes to a party to litigation or potential litigation;
(i)Production, sales or cost data; and
(j)Marketing strategy information that relates to a borrower’s plan to address specific markets and borrower’s strategy regarding specific competitors.
Rule 123-021-0140 — Confidential Records,