Records

ORS 192.415
Procedure to review denial of right to inspect other public records

  • effect of disclosure


(1)

ORS 192.401 (Records of health professional regulatory boards, Health Licensing Office) and 192.411 (Petition to review denial of right to inspect state public record) apply to the case of a person denied the right to inspect or to receive a copy of any public record of a public body other than a state agency, except that:

(a)

The district attorney of the county in which the public body is located, or if it is located in more than one county the district attorney of the county in which the administrative offices of the public body are located, shall carry out the functions of the Attorney General;

(b)

Any suit filed must be filed in the circuit court for the county described in paragraph (a) of this subsection; and

(c)

The district attorney may not serve as counsel for the public body, in the cases permitted under ORS 192.411 (Petition to review denial of right to inspect state public record) (3), unless the district attorney ordinarily serves as counsel for the public body.

(2)

Disclosure of a record to the district attorney in compliance with subsection (1) of this section does not waive any privilege or claim of privilege regarding the record or its contents.

(3)

Disclosure of a record or part of a record as ordered by the district attorney is a compelled disclosure for purposes of ORS 40.285 (Rule 512. Privileged matter disclosed under compulsion or without opportunity to claim privilege). [Formerly 192.460]

(formerly 192.460)

Law Review Citations

53 OLR 363, 364 (1974)

§§ 192.410 to 192.505

See annotations under ORS 192.311 to 192.478.

§§ 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