Or. Admin. Code § 166-020-0010

Current through Register Vol. 63, No. 12, December 1, 2024

Section 166-020-0010 - Duties of Public Records Custodians

Public records custodians are charged with protecting and providing access to public records:

(1) The term "public records" as used in statutes and rules pertaining to disposition of public records means records which are the property of the public. Alienation of public records is prohibited by public policy and statute (ORS 192.001). Custodians of public records are specifically charged by statute with the responsibility of protecting them, and, except as expressly provided by statute, furnishing reasonable opportunities for inspection and examination of them by any person (ORS 192.430(1).

(2) State and local agencies are responsible for public records in their custody, wherever deposited, until the public records have been transferred to the custody of the State Archivist or otherwise disposed of as authorized by an approved records retention schedule produced by the State Archivist

(3) Pursuant to ORS 357.875, no state agency or local government shall enter into or renew an agreement with any records storage entity that restricts the access or inspection of Oregon public records by the State Archivist.

(4) When a state agency is abolished or ceases to operate, its public records shall be deposited in the official custody of the State Archivist, except as otherwise provided by ORS 357.835(2).

(5) Public records deposited in the State Records Center or Security Copy Depository remain in the official custody of the agency which deposited them.

Or. Admin. Code § 166-020-0010

OSA 2, f. & ef. 11-21-75; OSA 5, f. 12-30-77, ef. 1-1-78; OSA 3-1988, f. & cert. ef. 10-20-88; OSA 9-2009, f. & cert. ef. 10-15-09

Stat. Auth.: ORS 357

Stats. Implemented: ORS 357.825(2), 357.835, 357.855 & 357.895