Records
Copies or inspection of public records
- public body response
- fees
- procedure for records requests
(formerly 192.440)
See also annotations under ORS 192.020 in permanent edition.
Notes of Decisions
Although fees charged by public body to provide edited copies of public records were authorized by city ordinance, public body failed to carry its burden under this provision to show that fees charged were reasonably related to its actual costs, when it provided no evidence to determine its actual costs. Davis v. Walker, 108 Or App 128, 814 P2d 547 (1991)
Public body could not require payment of copying fee where records were not made available for examination without copying. U.S. v. Van Horn, 156 FRD 231 (D. Or. 1994)
Public body's decision whether to grant or deny fee waiver or reduction must be objectively reasonable under totality of circumstances. In Defense of Animals v. OHSU, 199 Or App 160, 112 P3d 336 (2005)
Atty. Gen. Opinions
Home-rule county may not charge fee in excess of actual cost incurred in making public record available, (1979) Vol 39, p 721
(formerly 192.410 to 192.505)
Notes of Decisions
Failure of legislature to include reference to courts and court records such as those particularly named in ORS 192.005 tells against application of these sections to courts. State ex rel KOIN-TV v. Olsen, 300 Or 392, 711 P2d 966 (1985)
School district's blanket policy exempting public records from disclosure without individualized showing, violates public records law and is therefore unenforceable. Guard Publishing Co. v. Lane County School Dist., 310 Or 32, 791 P2d 854 (1990)
Atty. Gen. Opinions
Financial statements of hospitals as public records, (1974) Vol 36, p 893; criminal records subject to Public Records Law, (1974) Vol 37, p 126; power of county to refuse the right to copy maps, which are public records, with an individual's own equipment and to refuse to supply magnetic tape containing public records, (1979) Vol 39, p 721; Oregon Medical Insurance Pool is fundamentally private-sector body, under virtually total private control, created by state to fulfill public purpose and is not state agency or public body subject to Public Records Law, (1989) Vol 46, p 155; applicability to prison work program records, (1996) Vol 48, p 134; disclosure of personal information obtained from motor vehicle records, (1998) Vol 49, p 127
Law Review Citations
53 OLR 354-363 (1974); 55 OLR 354-359 (1976); 56 OLR 387 (1977)
Atty. Gen. Opinions
Attorney General's Public Meetings and Records Manual, (1973) Vol 36, p 543; public meetings and records manual, (1976) Vol 37, p 1087; prohibition on disclosing marriage records, (1998) Vol 49, p 21