OAR 645-020-0030
Commission Procedure for Responses to Public Records Requests
(a) Confirm that the commission is the custodian of the requested record; or
(b) Inform the requester that the commission is not the custodian of the requested record; or
(c) Notify the requester that the commission is uncertain whether the commission is the custodian of the requested record.
(b) Names any exemptions from disclosure that the commission believes apply to any requested records and, if the commission cites ORS 192.355 (Public records exempt from disclosure) (8) or (9), identifies the state or federal law that the commission relied on in asserting the exemption(s); or,
(c) Provides public records, or portions of public records, that are not exempt from records that are exempt from disclosure; or,
(d) To the extent that the commission is not the custodian of records that have been requested, provides a written statement to that effect; or,
(e) To the extent that state or federal law prohibits the commission from acknowledging whether any requested record exists or that acknowledging whether a requested record exists would result in the loss of federal benefits or imposition of another sanction, provides a written statement to that effect, citing the state or federal law that the commission relies on, unless the written statement itself would violate state or federal law; or
(f) If the commission asserts that one or more requested records are exempt from public disclosure, includes a statement that the requester may seek review of the commission’s determination pursuant to ORS 192.401 (Records of health professional regulatory boards, Health Licensing Office), 192.411 (Petition to review denial of right to inspect state public record), 192.415 (Procedure to review denial of right to inspect other public records), 192.418 (Effect of failure of Attorney General, district attorney or elected official to take timely action on inspection petition), 192.422 (Petition form), 192.427 (Procedure to review denial by elected official of right to inspect public records) and 192.431 (Court authority in reviewing action denying right to inspect public records).
Source:
Rule 645-020-0030 — Commission Procedure for Responses to Public Records Requests, https://secure.sos.state.or.us/oard/view.action?ruleNumber=645-020-0030
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