Or. Admin. Code § 250-001-0020

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

Section 250-001-0020 - Fees for Public Records

(1) Oregon's Public Records Law (ORS 192) provides that every person has a right to inspect any public records of a public body, except records that are exempt from disclosure.

(2) A public record request may be submitted in person, by U.S Mail, fax or by email to the Oregon State Marine Board (agency). The written request must include:

(a) The name and address of the person requesting the public record;

(b) The telephone number or other contact information of the person requesting the public record;

(c) A sufficiently detailed description of the record(s) requested to allow the agency to search for and identify responsive records; and the

(d) Date and signature of the person requesting the public record.

(3) Public records, except those exempt from disclosure, will be made available upon request for review and copies will be provided at a fee reasonably calculated.

(4) The Oregon Public Records Law allows agencies to recover their actual costs in fulfilling a public records request including actual costs for supplies, research, compilation, postage, shipping and staff time.

(5) Fees will be payable prior to fulfilling a public records request. If the fee is estimated to be greater than $25:

(a) The agency will provide the requestor with a written notice of the estimated amount of the fee.

(b) The public records request will not be fulfilled until the requestor confirms in writing that the requestor wants to proceed with the request.

(6) Standard fees for Public Records:

(a) Per page fees reflect current Oregon Department of Administrative Services policy;

(b) Electronic record files for individuals or firms requesting an alphabetical or numerical listing of boat owners and information concerning their boats (i.e. database) $165.00;

(c) $5.00 for each true notarized certification;

(d) Other applicable fees: actual costs or best estimate of costs; and

(e) Miscellaneous fees may include archive retrieval costs, costs of software companies/contracts; other third party costs.

(f) No charge for the first 30 minutes of staff time for processing request. The hourly rate charged for additional staff time is based on the level of skill or expertise required to complete the work performed not the employee-level of the individual actually fulfilling the request.

(g) Clerical labor charges are $25.00 per hour; Managerial labor charges are $40 per hour; Professional (IT, HR, high-level Analyst $75.00 per hour; and DOJ, special attorney and other applicable legal fees: at the actual hourly rate charged for Public Records Request-related services. Fees are subject to statutory limitation described in ORS 192.440(4)(b).

(7) The agency may furnish copies of public information without charge or at a reduced fee if it is determined that the waiver or reduction of fees is in the public interest because providing access primarily benefits the general public under ORS 192.440(5).

(8) A person desiring a waiver or reduction in fees must submit a written request for a waiver.

(9) The agency Director will consider each request on a case-by-case basis based on the information provided by the requestor and the totality of the circumstance at the time of the request.

(10) The agency Director will make fee waiver or reduction decisions based on the guidelines outlined in the Oregon Department of Administrative Services Statewide Standardized Fee Process.

Or. Admin. Code § 250-001-0020

MB 12, f. 3-27-62; MB 8-1978(Temp), f. & ef. 10-5-78; MB 10-1978, f. & ef. 12-21-78; Renumbered from 250-010-0165; MB 16-1984, f. & ef. 12-3-84; MB 2-1986, f. & ef. 1-30-86; MB 1-1997, f. & cert. ef. 4-4-97; OSMB 1-2003, f. & cert. ef. 1-14-03; OSMB 1-2018, amend filed 01/17/2018, effective 2/1/2018; OSMB 1-2020, amend filed 01/27/2020, effective 2/3/2020

Statutory/Other Authority: ORS 194.430 & ORS 194.440

Statutes/Other Implemented: ORS 194.440