OAR 839-003-0080
Access to Records in Investigative Files

(1)

Investigatory information relating to any complaint filed under ORS 659A.820 (Complaints) or 659A.825 (Complaints filed by Attorney General or commissioner), until such time as the complaint is resolved under ORS 659A.835 (Investigation), or a final order is issued under ORS 659A.850 (Hearing), is exempt from disclosure under Oregon Public Records Law (ORS 192.410 to 192.505) unless the public interest requires disclosure in the particular instance, as determined by the division.

(2)

Section (1) of this rule applies to all records in the investigative file of a complaint other than the complaint document.

(3)

Notwithstanding sections (1) and (2) of this rule, an aggrieved person, respondent or witness interviewed by the division may request a copy of the summary report of the individual’s own interview, and may request to inspect or receive copies of records that the individual has given to the division.

(4)

After a complaint is closed, any person may request to inspect or obtain a copy of the file as provided under Oregon Public Records Law by following the procedures set out by the division in the case closing letter, or by following the procedures for requesting public records as set out on the Bureau of Labor and Industries’s web site at http:/­/­www.oregon.gov/­boli/­Pages/­Public-Records-Requests/­Landing.aspx.

(5)

The division will not disclose information prohibited from disclosure by ORS 659A.840 (Settlement)(6) or by any other state or federal law or under any contractual agreement between the bureau and federal, state and local agencies.

(6)

An aggrieved person’s or respondent’s designation of information as confidential will not supersede the Oregon Public Records Law.

Source: Rule 839-003-0080 — Access to Records in Investigative Files, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=839-003-0080.

839‑003‑0000
Purpose and Scope 839‑003‑0005
Definitions: Employment and Public Accommodation 839‑003‑0010
Who May File: Employment and Public Accommodation 839‑003‑0015
Equal Employment Opportunity Commission 839‑003‑0020
Civil Action: Employment and Public Accommodation 839‑003‑0025
Filing a Complaint: Employment (other than OSEA) and Public Accommodation 839‑003‑0031
Filing a Complaint under the Oregon Safe Employment Act (OSEA) 839‑003‑0040
Amendment of Complaints: Employment and Public Accommodation 839‑003‑0045
Withdrawal of Complaint: Employment and Public Accommodation 839‑003‑0050
Administrative Dismissal: Employment and Public Accommodation 839‑003‑0055
Conciliation Agreements Prior to Completion of the Investigation 839‑003‑0060
Fact-Finding Conference 839‑003‑0065
Investigations: Employment and Public Accommodation 839‑003‑0070
Settlement Process After Substantial Evidence Determination: Employment and Public Accommodation 839‑003‑0080
Access to Records in Investigative Files 839‑003‑0085
Subpoenas 839‑003‑0090
Remedy: Employment and Public Accommodation 839‑003‑0095
Enforcement of Settlement Agreements and Orders: Employment and Public Accommodation 839‑003‑0100
Commissioner’s Complaint: Employment and Public Accommodation 839‑003‑0200
Filing a Housing Discrimination Complaint 839‑003‑0205
Amending a Housing Discrimination Complaint 839‑003‑0210
Withdrawal of a Housing Discrimination Complaint 839‑003‑0215
Administrative Dismissal of a Housing Discrimination Complaint 839‑003‑0220
Housing Discrimination Investigations 839‑003‑0225
Settlement Process After Substantial Evidence Determination in Housing Discrimination Complaints 839‑003‑0230
Remedies in Housing Discrimination Complaints 839‑003‑0235
Civil Action under State and Federal Housing Law 839‑003‑0240
Enforcement of Settlement Agreements and Orders in Housing Discrimination Complaints 839‑003‑0245
Commissioner’s Complaint in Housing Discrimination Cases
Last Updated

Jun. 8, 2021

Rule 839-003-0080’s source at or​.us