ORS 192.311
Definitions for ORS 192.311 to 192.478

As used in ORS 192.311 (Definitions for ORS 192.311 to 192.478) to 192.478 (Exemption for Judicial Department):

(1)

“Business day” means a day other than Saturday, Sunday or a legal holiday and on which at least one paid employee of the public body that received the public records request is scheduled to and does report to work. In the case of a community college district, community college service district, public university, school district or education service district, “business day” does not include any day on which the central administration offices of the district or university are closed.

(2)

“Custodian” means:

(a)

The person described in ORS 7.110 (Custody of records and files) for purposes of court records; or

(b)

A public body mandated, directly or indirectly, to create, maintain, care for or control a public record. “Custodian” does not include a public body that has custody of a public record as an agent of another public body that is the custodian unless the public record is not otherwise available.

(3)

“Person” includes any natural person, corporation, partnership, firm, association or member or committee of the Legislative Assembly.

(4)

“Public body” includes every state officer, agency, department, division, bureau, board and commission; every county and city governing body, school district, special district, municipal corporation, and any board, department, commission, council, or agency thereof; and any other public agency of this state.

(5)

Intentionally left blank —Ed.

(a)

“Public record” includes any writing that contains information relating to the conduct of the public’s business, including but not limited to court records, mortgages, and deed records, prepared, owned, used or retained by a public body regardless of physical form or characteristics.

(b)

“Public record” does not include any writing that does not relate to the conduct of the public’s business and that is contained on a privately owned computer.

(6)

“State agency” means any state officer, department, board, commission or court created by the Constitution or statutes of this state but does not include the Legislative Assembly or its members, committees, officers or employees insofar as they are exempt under section 9, Article IV of the Oregon Constitution.

(7)

“Writing” means handwriting, typewriting, printing, photographing and every means of recording, including letters, words, pictures, sounds, or symbols, or combination thereof, and all papers, maps, files, facsimiles or electronic recordings. [Formerly 192.410]

Source: Section 192.311 — Definitions for ORS 192.311 to 192.478, https://www.­oregonlegislature.­gov/bills_laws/ors/ors192.­html.

Notes of Decisions

Oregon State Bar is state agency for purpose of Public Records Act and must submit challenged records to Attorney General for review and determination. State ex rel Frohnmayer v. Oregon State Bar, 91 Or App 690, 756 P2d 689 (1988), aff’d 307 Or 304, 767 P2d 893 (1989)

Oregon State Bar is state agency under subsection (2) of this section and Attorney General is thus proper person to receive and review petitions for production of bar’s records. State ex rel Frohnmayer v. Oregon State Bar, 307 Or 304, 767 P2d 893 (1989)

Where public body’s only basis for claiming records are exempt from disclosure as confidential is contract whereby it agreed to keep them confidential, it did not make other required showings under [former] ORS 192.502 for exception. AA Ambulance Co., Inc. v. Multnomah County, 102 Or App 398, 794 P2d 813 (1990)

Factors relevant to whether entity is “public body” are origin, nature of function, scope of authority, nature and level of government financing, nature and scope of government control and status of entity officers and employees. Marks v. McKenzie High School Fact-Finding Team, 319 Or 451, 878 P2d 417 (1994)

Whether entity is government agency or department is governed by same factors used to identify public bodies. Laine v. City of Rockaway Beach, 134 Or App 655, 896 P2d 1219 (1995)

Attorney General Opinions

Information concerning allegations of unfair labor practices of public record, (1976) Vol 38, p 467

192.001
Policy concerning public records 192.005
Definitions for ORS 192.005 to 192.170 192.015
Secretary of State as public records administrator 192.018
Written policies on use, retention and ownership of public records 192.040
Making, filing and recording records by photocopying 192.050
Copying records 192.060
Indexing and filing copied records 192.070
Duplicate rolls of microfilm required 192.072
State Archivist performing microfilm services for public body 192.105
State Archivist authorization for state officials to dispose of records 192.108
Retention schedules 192.130
Disposition of valueless records in custody of State Archivist 192.170
Disposition of materials without authorization 192.173
Records and reports required by law to be in English 192.180
Coordination of executive department response to public records request 192.183
Compiling public records stored in electronic form 192.191
Department of Justice information sharing guide 192.210
Definitions for ORS 192.210 and 192.220 192.220
Standardized report forms 192.230
Definitions for ORS 192.235 to 192.245 192.235
Policy for ORS 192.230 to 192.250 192.240
Duties of state agency issuing report 192.243
Availability of report on Internet 192.245
Form of report to legislature 192.250
Director of Oregon Department of Administrative Services to report to legislature on ORS 192.230 to 192.250 192.270
Definitions for ORS 192.270 and 192.275 192.275
Notice when report required 192.311
Definitions for ORS 192.311 to 192.478 192.314
Right to inspect public records 192.318
Functions of custodian of public records 192.324
Copies or inspection of public records 192.329
Public body’s response to public records request 192.335
Immunity from liability for disclosure of public record 192.338
Exempt and nonexempt public record to be separated 192.340
Attorney General catalog of exemptions from disclosure 192.345
Public records conditionally exempt from disclosure 192.355
Public records exempt from disclosure 192.360
Condensation of public record subject to disclosure 192.363
Contents of certain requests for disclosure 192.365
Disclosure of information pertaining to home care worker, personal support worker, operator of child care facility, exempt child care provider or operator of adult foster home 192.368
Nondisclosure on request of home address, home telephone number and electronic mail address 192.371
Nondisclosure of public employee identification badge or card 192.374
Nondisclosure of concealed handgun license records or information 192.377
Required redaction of certain personal information 192.380
Immunity from liability for disclosure of certain personal information 192.385
Nondisclosure of certain public safety officer investigation records 192.390
Inspection of records more than 25 years old 192.395
Health services costs 192.398
Medical records 192.401
Records of health professional regulatory boards, Health Licensing Office 192.407
When petition for review of public records request allowed 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 192.431
Court authority in reviewing action denying right to inspect public records 192.461
Public Records Advocate 192.464
Facilitated dispute resolution services of Public Records Advocate 192.468
Discretion of Public Records Advocate in dispute resolution services 192.472
Confidentiality of Public Records Advocate records 192.475
Public records request training 192.477
Public Records Advocate Fund 192.478
Exemption for Judicial Department 192.481
Public Records Advisory Council 192.483
Duties of Public Records Advisory Council 192.485
Definitions for ORS 192.485 to 192.513 192.488
Open government impact statement 192.492
Notification of change to public records laws 192.499
Public records subcommittee 192.508
Rules 192.511
Oregon Sunshine Committee 192.513
Review of exemptions from disclosure by Oregon Sunshine Committee 192.515
Definitions for ORS 192.515 and 192.517 192.517
Access to records of individual with disability or individual with mental illness 192.531
Definitions for ORS 192.531 to 192.549 192.533
Legislative findings 192.535
Informed consent for obtaining genetic information 192.537
Individual’s rights in genetic information 192.538
Notice by health care provider regarding anonymous or coded research 192.539
Disclosure of genetic information 192.540
Use of deceased individual’s DNA sample or genetic information for research 192.541
Private right of action 192.543
Criminal penalty 192.545
Enforcement 192.547
Oregon Health Authority rules 192.549
Advisory Committee on Genetic Privacy and Research 192.551
Health care records at colleges, universities 192.553
Policy for protected health information 192.556
Definitions for ORS 192.553 to 192.581 192.558
Use or disclosure by health care provider or state health plan 192.561
Disclosure by health care provider in coordinated care organization 192.563
Health care provider and state health plan charges 192.566
Authorization form 192.567
Disclosure without authorization form 192.568
Confidentiality 192.571
No right of action 192.573
Personal representative of deceased individual 192.576
Disclosure to individual appealing denial of Social Security benefits 192.577
Disclosure of information concerning adult in custody of Department of Corrections 192.579
Allowed disclosure for coordinating care 192.581
Allowed retention or disclosure of genetic information 192.582
Confidentiality of bedbug infestation reports 192.583
Definitions for ORS 192.583 to 192.607 192.586
Disclosure of financial records prohibited 192.588
Disclosure to Department of Human Services or Oregon Health Authority 192.589
Financial institution records of deceased individual 192.591
Disclosure to state court 192.593
Authorization by customer for disclosure 192.596
Disclosure under summons or subpoena 192.597
Disclosure pursuant to abuse investigation 192.598
Disclosure under search warrant 192.600
Liability of financial institution for disclosure 192.602
Time for compliance 192.603
Procedure for disclosure to law enforcement agency 192.605
Charges for participation in attorney trust account overdraft notification program 192.606
Civil liability for violation of ORS 192.583 to 192.607 192.607
Severability 192.610
Definitions for ORS 192.610 to 192.690 192.620
Policy 192.630
Meetings of governing body to be open to public 192.640
Public notice required 192.650
Recording or written minutes required 192.660
Executive sessions permitted on certain matters 192.670
Meetings by means of telephone or electronic communication 192.672
State board or commission meetings through telephone or electronic means 192.680
Enforcement of ORS 192.610 to 192.690 192.685
Additional enforcement of alleged violations of ORS 192.660 192.690
Exceptions to ORS 192.610 to 192.690 192.695
Prima facie evidence of violation required of plaintiff 192.715
Short title 192.720
Definitions for ORS 192.715 to 192.760 192.725
Electronic record as official record 192.730
Authentication of electronic official record 192.735
Evidentiary rules concerning authenticated electronic record 192.740
Preservation and security of electronic official record 192.745
Availability for public use 192.750
Implementation 192.755
Uniform construction 192.760
Relationship of ORS 192.715 to 192.760 to federal law 192.800
Definitions for ORS 192.800 to 192.810 192.805
Reimbursement required prior to disclosure 192.810
Applicability of ORS 192.805 192.820
Definitions for ORS 192.820 to 192.868 192.822
Address Confidentiality Program 192.826
Application for participation in program 192.828
Prohibitions 192.832
Notice of change in name, address or telephone number 192.834
Cancellation of certification 192.836
Use of substitute address 192.842
Use of actual or substitute address in specified circumstances 192.844
Prohibition on disclosure of actual address or telephone number by public body 192.846
Records of Department of Transportation 192.848
When Attorney General may disclose actual address or telephone number 192.852
Prohibition on obtaining actual address or telephone number 192.854
Application assistants 192.856
Additional response time for notice or other paper 192.858
Disclosures to participants 192.860
Rules 192.865
Criminal penalty 192.868
Grants, donations and gifts
Green check means up to date. Up to date

Current through early 2024

§ 192.311’s source at oregon​.gov