Records

ORS 192.422
Petition form

  • procedure when petition received


(1)

A petition to the Attorney General or district attorney requesting the Attorney General or district attorney to order a public record to be made available for inspection or to be produced shall be in substantially the following form, or in a form containing the same information:

______
(Date)
I (we), ____________ (name(s)), the undersigned, request the Attorney General (or District Attorney of ______ County) to order ______ (name of governmental body) and its employees to (make available for inspection) (produce a copy or copies of) the following records:
1. ____________________
2. ____________________
I (we) asked to inspect and/or copy these records on ______ (date) at ______ (address). The request was denied by the following person(s):
1. ____________________
(Name of public officer or employee;
title or position, if known)
2. ____________________
(Name of public officer or employee;
title or position, if known)
______________________
(Signature(s))

This form should be delivered or mailed to the Attorney General’s office in Salem, or the district attorney’s office in the county courthouse.

(2)

Promptly upon receipt of such a petition, the Attorney General or district attorney shall notify the public body involved. The public body shall thereupon transmit the public record disclosure of which is sought, or a copy, to the Attorney General, together with a statement of its reasons for believing that the public record should not be disclosed. In an appropriate case, with the consent of the Attorney General, the public body may instead disclose the nature or substance of the public record to the Attorney General. [Formerly 192.470]

(formerly 192.470)

Notes of Decisions

Oregon State Bar is state agency for purpose of Public Records Act and must submit challenged records to Attorney General for review and determination. State ex rel Frohnmayer v. Oregon State Bar, 91 Or App 690, 756 P2d 689 (1988), aff'd 307 Or 304, 767 P2d 893 (1989)

Where public body fails to transmit public record to Attorney General or district attorney, public body necessarily fails to meet burden to sustain actions but does not forfeit right to institute or defend court action for relief. Klamath County School District v. Teamey, 207 Or App 250, 140 P3d 1152 (2006), Sup Ct review denied

§§ 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