Records

ORS 192.407
When petition for review of public records request allowed

  • order granting petition
  • penalty


(1)

A person who has submitted a written public records request in compliance with a public body’s policy may seek review of the following, in the same manner as a person 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):

(a)

The failure of a public body to provide the response required by ORS 192.329 (Public body’s response to public records request) within the prescribed period. A failure of the public body to timely respond shall be treated as a denial of the request unless the public body demonstrates that compliance was not required under ORS 192.329 (Public body’s response to public records request).

(b)

An estimate of time provided by a public body pursuant to ORS 192.329 (Public body’s response to public records request), if the person believes that the estimated time frame for the response is unreasonably long and will result in undue delay of disclosure.

(c)

Any other instance in which the person believes that the public body has failed to comply with ORS 192.329 (Public body’s response to public records request).

(2)

Except as provided in subsection (3) of this section, the Attorney General, the district attorney and the court have the same authority with respect to petitions under this section as when inspection of a public record is denied.

(3)

If the Attorney General, the district attorney or a court grants a petition filed under this section, the order granting the petition:

(a)

May require disclosure of nonexempt material responsive to the request within seven days, or within any other period that the Attorney General, district attorney or court concludes is appropriate to comply with ORS 192.329 (Public body’s response to public records request);

(b)

May require the public body to pay a penalty of $200 to the requester if the Attorney General, district attorney or court determines that the public body responded to the request with undue delay or failed to respond to the request; and

(c)

May order a fee waiver or a fee reduction if a public body has responded to the request with undue delay or has failed to respond to the request in the time and manner prescribed in ORS 192.329 (Public body’s response to public records request). Nothing in this subsection prohibits a reviewing body from finding an unreasonable denial of a fee waiver or a fee reduction on other grounds.

(4)

Nothing in this section limits the authority of a court to act under ORS 192.431 (Court authority in reviewing action denying right to inspect public records). [2017 c.456 §5; 2019 c.205 §1]
Note: 192.407 (When petition for review of public records request allowed) was 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 was 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
Jun. 26, 2021