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)

(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)

(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.
§§ 192.311 to 192.478

(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)

Chapter 192

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


Source
Last accessed
May. 15, 2020