Use of substitute address
- waiver of requirement
(1)(a) A program participant may request that public bodies use the substitute address designated by the Attorney General as the address of the program participant in any ongoing actions or proceedings or when creating a new public record.
(b)A public body is not responsible for requesting that departments, divisions, affiliates or other organizational units of the public body or other public bodies use the substitute address as the address of the program participant.
(c)Unless requested by the program participant, when the actual address of a program participant is contained in a public record that is filed with the public body, the public body is not responsible for modifying the public record to contain the substitute address designated by the Attorney General.
(d)The Attorney General is not responsible for making requests under this subsection.
(2)Except as provided in this section and ORS 192.842 (Use of actual or substitute address in specified circumstances), when a program participant submits a current and valid Address Confidentiality Program authorization card to a public body, the public body shall accept the substitute address on the authorization card as the address of the program participant when creating a new public record. Upon the request of the program participant, the public body shall use the substitute address on the authorization card in any ongoing actions or proceedings.
(3)A public body may request a waiver from the requirements of the Address Confidentiality Program by submitting a waiver request to the Attorney General. The waiver request shall be in writing and include:
(a)An explanation of why the public body cannot meet its statutory or administrative obligations by possessing or using the substitute address; and
(b)An affirmation that if the Attorney General accepts the waiver, the public body will only use the actual address of the program participant for those statutory or administrative purposes included in the waiver request.
(4)The Attorney General shall accept or deny a waiver request from a public body in writing and include a statement of specific reasons for acceptance or denial. An acceptance or denial made under this subsection is not considered an order as defined in ORS 183.310 (Definitions for chapter) and is not subject to judicial review under ORS 183.480 (Judicial review of agency orders).
(5)Except as provided in ORS 192.820 (Definitions for ORS 192.820 to 192.868) to 192.868 (Grants, donations and gifts), if a law or rule requires the use of a residence address, the substitute address may be used instead. [2005 c.821 §7; 2007 c.542 §2]
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