OAR 137-079-0180
Public Body Exemption Waiver
(1)
A request for a waiver from the requirements of the Program made by a public body pursuant to ORS 192.836 (Use of substitute address)(3) may be for an individual Program participant, for a class of Program participants or for all Program participants. The request must be in writing and must contain:(a)
The information specified in ORS 192.836 (Use of substitute address)(3)(a) and (b), including a description of the specific record or records for which the exemption is requested and identifying the individual(s) who will have access to the record; and(b)
A description of the alternatives to the waiver the public body has considered and why those alternatives are not feasible.(2)
When the Program receives a request for a waiver pursuant to ORS 192.836 (Use of substitute address)(3), the Administrative Coordinator will determine if the request meets the requirements of 192.836 (Use of substitute address)(3). If the request is not in writing, or fails to include the explanation or the affirmation described in 192.836 (Use of substitute address)(3)(a) and/or (b), or is otherwise incomplete, the Administrative Coordinator will inform the requestor of the incompletion within five (5) business days of receiving the request, and that no determination will be made until the request is complete.(3)
When the Program receives a request for a waiver that is complete, the Attorney General or designee shall consider whether the public body submitting the request has demonstrated its inability to meet its statutory or administrative obligations by possessing or using the substitute address. The Attorney General or designee’s acceptance or denial of the request:(a)
Shall be recorded pursuant to ORS 192.836 (Use of substitute address)(4);(b)
Shall specify the duration of the waiver, if approved, which shall be based upon the reason or reasons for which the waiver is approved; and(c)
Shall be sent to the requestor within ten (10) business days of the date on which the complete request was received.
Source:
Rule 137-079-0180 — Public Body Exemption Waiver, https://secure.sos.state.or.us/oard/view.action?ruleNumber=137-079-0180.