OAR 731-070-0280
Public Records Requests
(1)
Upon written request and within a reasonable time, the Director or his designee will provide records relating to Transportation Project proposals for inspection in accordance with ORS Chapter 192 (Records), ORS 367.804 (Goals of Oregon Innovative Partnerships Program) and these rules.(2)
ODOT may charge fees to cover its reasonable and actual costs in responding to public records requests. Such costs may include but are not limited to costs associated with locating records, separating exempt from nonexempt records, monitoring the requester’s inspection of requested records, copying records and delivering copies of requested records. In accordance with OAR 731-001-0025 (Public Records Request Requirements and Fees), ODOT may charge fees calculated to reimburse it for its reasonable and actual costs as authorized by the relevant provisions of the Public Records Law.(3)
ODOT will prepare an estimate of the costs of responding to any request for public records as required by ORS 192.440(1)(c), and may prepare an estimate of costs in other circumstances. ODOT may require payment of all or a portion of the estimated costs before acting on the request.(4)
Records related to a proposal for a Transportation Project submitted to ODOT under the Oregon Innovative Partnerships Program are exempt from disclosure under the Oregon Public Records Law until:(a)
ODOT shares the records or the information contained in them with a local government, metropolitan planning organization or area commission on transportation as part of the consultation process described in OAR 731-070-0295 (Consultation with Local Government, Metropolitan Planning Organization or Area Commission on Transportation); or(b)
ODOT completes its evaluation of the proposed Project and has selected the proposal for negotiation of an agreement.(5)
Notwithstanding section (4) of this rule, sensitive business, commercial or financial information that is not customarily provided to business competitors that is submitted to the Department in connection with a Transportation Project is exempt from disclosure under the Oregon Public Records Law until the records or information contained in them is submitted to the Commission in connection with its review and approval of the final agreement for a Transportation Project under ORS 367.806 (Agreements)(6) and OAR 731-070-0230 (Commission Review of Final Agreement).(6)
On ODOT’s receipt of a request, under the Public Records Law, for the disclosure of records or information that have been submitted to ODOT by a proposer under the program authorized by ORS 367.800 (Findings) to 367.826, ODOT will notify the proposer of the request and provide the proposer a reasonable opportunity to demonstrate that all or part of the requested records or information are exempt from disclosure under ORS 367.800 (Findings) to 367.826, the Public Records Law, ORS 192.410 to 192.505, the Uniform Trade Secrets Act, ORS 646.461 (Definitions for ORS 646.461 to 646.475) to 646.475 (Application and construction of ORS 646.461 to 646.475), or other applicable law recognizing the confidentiality of public records and information. In determining whether the information or records are exempt from disclosure, ODOT will consider the evidence and objections to disclosure presented by the proposer, but as custodian of the records or information, ODOT must make the initial determination of the records that may be withheld from disclosure.(7)
An affected proposer who seeks to demonstrate that public records pertaining to it are exempt from disclosure must respond to ODOT with its evidence and objections within four business days of ODOT’s issuance of notice of the request to the proposer. After considering the proposer’s evidence and objections, ODOT will inform the proposer of its disclosure decision, giving the proposer no fewer than three business days in which to institute appropriate proceedings in its own behalf to protect the proposer’s interests in preventing the disclosure or maintaining the confidentiality of the records or information. The proposer shall be exclusively responsible for all costs, expenses and attorney fees incurred in taking any action to prevent the disclosure of information or records under this section.
Source:
Rule 731-070-0280 — Public Records Requests, https://secure.sos.state.or.us/oard/view.action?ruleNumber=731-070-0280.