ORS 192.324
Copies or inspection of public records

  • public body response
  • fees
  • procedure for records requests

(1)

A public body that is the custodian of any public record that a person has a right to inspect shall give the person, upon receipt of a written request:

(a)

A copy of the public record if the public record is of a nature permitting copying; or

(b)

A reasonable opportunity to inspect or copy the public record.

(2)

If an individual who is identified in a public body’s procedure described in subsection (7)(a) of this section receives a written request to inspect or receive a copy of a public record, the public body shall within five business days after receiving the request acknowledge receipt of the request or complete the public body’s response to the request. An acknowledgment under this subsection must:

(a)

Confirm that the public body is the custodian of the requested record;

(b)

Inform the requester that the public body is not the custodian of the requested record; or

(c)

Notify the requester that the public body is uncertain whether the public body is the custodian of the requested record.

(3)

If the public record is maintained in a machine readable or electronic form, the public body shall provide a copy of the public record in the form requested, if available. If the public record is not available in the form requested, the public body shall make the public record available in the form in which the public body maintains the public record.

(4)

Intentionally left blank —Ed.

(a)

The public body may establish fees reasonably calculated to reimburse the public body for the public body’s actual cost of making public records available, including costs for summarizing, compiling or tailoring the public records, either in organization or media, to meet the request.

(b)

The public body may include in a fee established under paragraph (a) of this subsection the cost of time spent by an attorney for the public body in reviewing the public records, redacting material from the public records or segregating the public records into exempt and nonexempt records. The public body may not include in a fee established under paragraph (a) of this subsection the cost of time spent by an attorney for the public body in determining the application of the provisions of ORS 192.311 (Definitions for ORS 192.311 to 192.478) to 192.478 (Exemption for Judicial Department).

(c)

The public body may not establish a fee greater than $25 under this section unless the public body first provides the requester with a written notification of the estimated amount of the fee and the requester confirms that the requester wants the public body to proceed with making the public record available.

(d)

Notwithstanding paragraphs (a) to (c) of this subsection, when the public records are those filed with the Secretary of State under ORS chapter 79 or ORS 80.100 (Definitions for ORS 80.100 to 80.130) to 80.130 (Place to register as buyer of farm product, commission merchant or selling agent), the fees for furnishing copies, summaries or compilations of the public records are the fees established by the Secretary of State by rule under ORS chapter 79 or ORS 80.100 (Definitions for ORS 80.100 to 80.130) to 80.130 (Place to register as buyer of farm product, commission merchant or selling agent).

(5)

The custodian of a public record may furnish copies without charge or at a substantially reduced fee if the custodian determines that the waiver or reduction of fees is in the public interest because making the record available primarily benefits the general public.

(6)

A requester who believes that there has been an unreasonable denial of a fee waiver or fee reduction may petition the Attorney General or the district attorney in the same manner as a requester who petitions when inspection of a public record is denied under ORS 192.311 (Definitions for ORS 192.311 to 192.478) to 192.478 (Exemption for Judicial Department). The Attorney General, the district attorney and the court have the same authority in instances when a fee waiver or reduction is denied as when inspection of a public record is denied.

(7)

A public body shall make available to the public a written procedure for making public records requests that includes:

(a)

The name of one or more individuals within the public body to whom public records requests may be sent, with addresses; and

(b)

The amounts of and the manner of calculating fees that the public body charges for responding to requests for public records.

(8)

This section does not apply to signatures of individuals submitted under ORS chapter 247 for purposes of registering to vote as provided in ORS 247.973 (Status of signature on voter registration card as public record). [Formerly 192.440]

Source: Section 192.324 — Copies or inspection of public records; public body response; fees; procedure for records requests, https://www.­oregonlegislature.­gov/bills_laws/ors/ors192.­html.

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)

Attorney General Opinions

Home-rule county may not charge fee in excess of actual cost incurred in making public record available, (1979) Vol 39, p 721

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

§ 192.324’s source at oregon​.gov