Review of Public Records
(1)The functional unit manager will designate one or more employees to review record(s) for release.
(2)Upon direction from the functional unit manager, the designated staff member(s) will review the record(s) as necessary and will determine whether the record(s) are exempt from disclosure, in accordance with all applicable laws, including but not necessarily limited to the “Public Records Law,” now codified at ORS 192.410 to 192.505 and 179.495 (Disclosure of written accounts of adult in custody) to 179.505 (Disclosure of written accounts by health care services provider).
(3)Except as specifically provided for by statute, the designated staff member will advise the person requesting a public record, within a reasonable amount of time, whether the record(s) may be disclosed and the cost of inspection and/or duplication. If the record(s) requested contains information exempt for disclosure, the designated staff member will furnish a copy with the exempt material blanked out:
(a)The cost of duplication will be based upon actual cost, including staff time to locate, review and copy the record(s), all material and first class postage, where applicable:
(A)Unless circumstances warrant a different conclusion, it may be presumed that, if the request is for a specific releasable document, the cost of the duplication is 50 cents a page;
(B)Unless circumstances warrant a different conclusion, it may be presumed that, if the request requires record review and a determination of whether the record can or should be released, the actual cost of such review, determination and duplication is $1.25 a page;
(C)If requested, the designated staff member will certify the copy as a true copy.
(b)Except as noted below, no inspection and/or duplication of record(s) is authorized until payment has been received;
(c)Payments must be received in the form of a money order, cashier’s check, or personal check made payable to the Oregon Department of Corrections. An inmate must submit a signed Inmate Account Withdrawal Form (CD 28D) along with his/her request for records.
(4)Fees for inspection and/or duplication by other government agencies or contractors responsible for the treatment of inmates/parolees or probationers of the Department may be waived.
(5)Indigent inmates need not be charged fees immediately for inspection and/or duplication of an inmate’s own records if the request is for the inmate’s own medical, dental, or psychiatric records; however, in all such cases inmates’ trust accounts will be debited to recover costs when funds become available in the inmates’ accounts.
(6)Fees for inspection and/or duplication of record(s) related to litigation may be waived upon advice of legal counsel.
(7)Proper and reasonable opportunity for inspection and/or duplication of record(s) will be provided, consistent with security requirements at each Department facility and functional unit and as the circumstances warrant.
Rule 291-037-0020 — Review of Public Records,