Time for compliance
(1)(a) A financial institution shall have a reasonable period of time in which to comply with any proper customer authorization, summons, subpoena or search warrant permitting or seeking disclosure of financial records. Except as provided in paragraphs (b) and (c) of this subsection, a “reasonable period of time” shall in no case be less than 10 days from the date upon which the financial institution receives or is served with a customer authorization, summons, subpoena or search warrant.
(b)When disclosure is sought under ORS 192.596 (Disclosure under summons or subpoena), the reasonable period of time shall be not less than 20 days.
(c)When disclosure is sought under ORS 192.597 (Disclosure pursuant to abuse investigation), the reasonable period of time shall be that period of time required by the circumstances but in no case more than 10 days from the date upon which the financial institution receives or is served with a subpoena under ORS 192.597 (Disclosure pursuant to abuse investigation).
(2)Before making disclosures, a financial institution may require that the requesting state or local agency reimburse the financial institution for the reasonable costs incurred by the financial institution in the course of compliance. These costs include, but are not limited to, personnel costs, reproduction costs and travel expenses. The following charges shall be considered reasonable costs:
(a)Personnel costs, $30 per hour per person, computed on the basis of $7.50 per quarter hour or fraction thereof, for time expended by personnel of the financial institution in searching, locating, retrieving, copying and transporting or conveying the requested material to the place of examination.
(b)Reproduction costs, $1 per page, including copies produced by reader and printer reproduction processes. Photographs, films and other materials shall be reimbursed at actual costs.
(c)Travel expenses, 50 cents per mile, plus other actual costs, necessary to transport personnel to locate and retrieve the information required or requested and to convey the required or requested material to the place of examination.
(3)The provisions of subsection (2) of this section do not apply in the case of records subpoenaed by a prosecuting attorney as evidence of the crimes of negotiating a bad check under ORS 165.065 (Negotiating a bad check), forgery under ORS 165.007 (Forgery in the second degree) and 165.013 (Forgery in the first degree), theft by deception by means of a bad check under ORS 164.085 (Theft by deception), fraudulent use of a credit card under ORS 165.055 (Fraudulent use of a credit card), identity theft under ORS 165.800 (Identity theft) or racketeering activity under ORS 166.720 (Racketeering activity unlawful) or of an offense listed in ORS 137.700 (Offenses requiring imposition of mandatory minimum sentences). [Formerly 192.580; 2012 c.70 §§10c,28; 2013 c.352 §4]
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