ORS 192.329
Public body’s response to public records request


(1)

A public body shall complete its response to a written public records request that is received by an individual identified in the public body’s procedure described in ORS 192.324 (Copies or inspection of public records) as soon as practicable and without unreasonable delay.

(2)

A public body’s response to a public records request is complete when the public body:

(a)

Provides access to or copies of all requested records within the possession or custody of the public body that the public body does not assert are exempt from public disclosure, or explains where the records are already publicly available;

(b)

Asserts any exemptions from disclosure that the public body believes apply to any requested records and, if the public body cites ORS 192.355 (Public records exempt from disclosure) (8) or (9), identifies the state or federal law that the public body relied on in asserting the exemptions;

(c)

Complies with ORS 192.338 (Exempt and nonexempt public record to be separated);

(d)

To the extent that the public body is not the custodian of records that have been requested, provides a written statement to that effect;

(e)

To the extent that state or federal law prohibits the public body from acknowledging whether any requested record exists or that acknowledging whether a requested record exists would result in the loss of federal benefits or imposition of another sanction, provides a written statement to that effect, citing the state or federal law that the public body relies on, unless the written statement itself would violate state or federal law; and

(f)

If the public body asserts that one or more requested records are exempt from public disclosure, includes a statement that the requester may seek review of the public body’s determination pursuant to ORS 192.401 (Records of health professional regulatory boards, Health Licensing Office), 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) and 192.431 (Court authority in reviewing action denying right to inspect public records).

(3)

Intentionally left blank —Ed.

(a)

If a public body has informed a requester of a fee permitted under ORS 192.324 (Copies or inspection of public records) (4), the obligation of the public body to complete its response to the request is suspended until the requester has paid the fee, the fee has been waived by the public body pursuant to ORS 192.324 (Copies or inspection of public records) (5) or the fee otherwise has been ordered waived.

(b)

If the requester fails to pay the fee within 60 days of the date on which the public body informed the requester of the fee, or fails to pay the fee within 60 days of the date on which the public body informed the requester of the denial of the fee waiver, the public body shall close the request.

(4)

Intentionally left blank —Ed.

(a)

A public body may request additional information or clarification from a requester of public records for the purpose of expediting the public body’s response to the request. If the public body has requested additional information or clarification in good faith, the public body’s obligation to further complete its response to the request is suspended until the requester provides the requested information or clarification or affirmatively declines to provide that information or clarification.

(b)

If the requester fails to respond within 60 days to a good faith request from the public body for information or clarification, the public body shall close the request.

(5)

As soon as reasonably possible but not later than 10 business days after the date by which a public body is required to acknowledge receipt of the request under ORS 192.324 (Copies or inspection of public records), a public body shall:

(a)

Complete its response to the public records request; or

(b)

Provide a written statement that the public body is still processing the request and a reasonable estimated date by which the public body expects to complete its response based on the information currently available.

(6)

The time periods established by ORS 192.324 (Copies or inspection of public records) and subsection (5) of this section do not apply to a public body if compliance would be impracticable because:

(a)

The staff or volunteers necessary to complete a response to the public records request are unavailable;

(b)

Compliance would demonstrably impede the public body’s ability to perform other necessary services; or

(c)

Of the volume of public records requests being simultaneously processed by the public body.

(7)

For purposes of this section, staff members or volunteers who are on leave or are not scheduled to work are considered to be unavailable.

(8)

A public body that cannot comply with the time periods established by ORS 192.324 (Copies or inspection of public records) and subsection (5) of this section for a reason listed in subsection (6) of this section shall, as soon as practicable and without unreasonable delay, acknowledge a public records request and complete the response to the request. [2017 c.456 §4]
Note: 192.329 (Public body’s response to public records request), 192.335 (Immunity from liability for disclosure of public record) and 192.340 (Attorney General catalog of exemptions from disclosure) were added to and made a part of 192.311 (Definitions for ORS 192.311 to 192.478) to 192.478 (Exemption for Judicial Department) by legislative action but were not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 192.329 — Public body’s response to public records request, https://www.­oregonlegislature.­gov/bills_laws/ors/ors192.­html.

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
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