OAR 813-005-0055
Access to Public Records and Related Charges

(1) The Administrative Rules set forth in Chapter 813, Division 005, Section 0055 apply to all public records for which OHCS is custodian.
(2) The Director or designee, in carrying out responsibilities of ORS 192.318 (Functions of custodian of public records), as custodian of
public records, shall:
(a) Allow access to and disclosure of the public records subject to ORS 192.311 (Definitions for ORS 192.311 to 192.478) to 192.338 (Exempt and nonexempt public record to be separated);
(b) Make restrictions and take precautions necessary to protect the integrity of the records and prevent interference with the regular discharge of OHCS’s duties; and
(c) Allow for inspection of OHCS’s public records during normal working days and hours at the location which the records reside, or any other reasonable location designated by the Director or designee.
(3) A request to inspect or obtain copies of a public record of OHCS shall be made in writing to the Director or designee, and shall include:
(a) The name, address and telephone number of the requestor;
(b) Identification of the records from which information is requested, if known;
(c) The time period the records were produced and officials involved in producing the records or other relevant information, if known;
(d) The format in which the information is needed (i.e. photocopies, audio or video cassette, machine readable, or electronic format, etc.);
(e) The number of copies needed, if copies are requested; and
(f) Instruction to OHCS to certify copies, if necessary.
(4) The Director or designee may waive the requirement, under paragraph (2) of this rule, for a request to be in writing, if it is determined that effective administration is aided by the waiver.
(5) A review of the requested records will be conducted by OHCS as necessary to determine whether the records are exempt from disclosure, in accordance with ORS 192.311 (Definitions for ORS 192.311 to 192.478) to 192.478 (Exemption for Judicial Department) and any other references establishing an exemption to disclosure of public records.
(6) The Director or designee will advise the requestor, within a reasonable amount of time, whether the records may be disclosed, the date, time, and place they may be inspected or obtain copies of the records, and the estimated cost of inspection, duplication, and other related fees as described in OAR 813-005-0055 (Access to Public Records and Related Charges)(9).
(7) If the requested records contain information exempt from disclosure, the requestor will be furnished a copy of the record with the exempt material redacted.
(8) The Director or designee may require and designate an OHCS employee to supervise the inspection of requested records.
(9) OHCS will follow Department Administrative Services’ (DAS) established fees and miscellaneous charges for providing access to or copies of public records in paper, electronic, or other format, based on the actual costs of preparing and providing the records. Costs associated with a request for public records may include per page copy and facsimile fees, postage when applicable, staff time to locate, review, redact information exempt from disclosure, and/or transfer the material to a requested electronic or other necessary format appropriate for releasing the public record(s).
(10) No additional fee will be charged for providing records in an alternative format when required by the Americans with Disabilities Act.
(11) The Director or designee may reduce or waive fees when:
(a) Time spent making the records available for inspection or preparation for photocopying was negligible; or
(b) Supplying the requested records is within the normal scope of OHCS activity; or
(c) Payment would cause extreme or undue financial hardship upon the requestor; or
(d) Making the record available primarily benefits the general public, within the determination of the custodian of the records.
(12) All fees and charges must be paid in advance of releasing the requested public records for inspection or before photocopies are provided. Payments must be made by check or money order and made payable to OHCS.
(13) To conserve and protect public resources, photocopies will be produced on recycled paper in double-sided print format whenever feasible to reduce costs and paper waste.
(14) Due to the threat of computer virus, OHCS will not permit requestors to provide removable data storage devices for electronic reproduction of computer records. Requests for other electronic reproduction will be evaluated at the time of the request and a determination made as to the feasibility and accessibility of the requested electronic format. OHCS may charge the requestor for the electronic media to which the record(s) will be copied.

Source: Rule 813-005-0055 — Access to Public Records and Related Charges, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=813-005-0055.

Last Updated

Jun. 8, 2021

Rule 813-005-0055’s source at or​.us