Or. Admin. Code § 585-001-0008

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

Section 585-001-0008 - Request to Inspect or Obtain Copies of Public Records

(1) A request to inspect or obtain copies of a public record of Commission shall be made in writing and submitted to the "Custodian of Records" at Commission's central office located at: 535 SE 12th, Portland 97214. The request shall include the following information:

(a) The name, address and telephone number and e-mail address of the requestor;

(b) Identification of the records from which information is requested, if known.

(c) The time period the records were produced and officials involved in producing the records or other relevant information, if known;

(d) The format in which the information is needed (i.e. photocopies, machine readable, or electronic format, etc.);

(e) The number of copies needed, if copies are requested; and

(f) Instruction to Commission to certify copies, if necessary.

(2) The Executive Director or designee may waive the requirement, under section (1) of this rule, for a request to be in writing, if it is determined that effective administration is aided by the waiver.

(3) A review of the requested records will be conducted by Commission as necessary to determine whether the records are exempt from disclosure, in accordance with ORS 192.311 to 192.478 and any other references establishing an exemption to disclosure of public records.

(4) The Executive Director or designee shall respond to a public records request by acknowledging receipt of the request and disclosing the requested materials, subject to the exemptions set forth in ORS 192.311 to 192.478, within the timelines established in ORS 192.324 and 192.329. The Executive Director or designee shall advise the requestor whether the records may be disclosed, the date, time, and place they may be inspected or obtain copies of the records, and the estimated fees that the requester must pay as a condition of receiving the public records, if any. Additional time to respond to a request may be based upon the need to clarify the intent of the request, to locate and assemble the information requested, to notify third persons or agencies affected by the request, or to determine whether any of the information requested is exempt and that a denial should be made as to all or part of the request.

(5) If the requested records contain information exempt from disclosure, the requestor will be furnished a copy of the record with the exempt material redacted. If the Executive Director or designee determines that any exemptions apply, they shall identify the specific grounds for exemption.

(6) The Executive Director or designee may require and designate a Commission employee to supervise the review of requested records.

(7) The Administrative Rules set forth in OAR Chapter 585, Division 1 shall apply to all public records for which Commission is custodian.

(8) The Executive Director or designee, in carrying out responsibilities of ORS 192.318, as custodian of public records:

(a) Shall allow access to and disclosure of the public records subject to ORS 192.311 to 192.478;

(b) Shall make restrictions and take precautions necessary to protect the integrity of the records and prevent interference with the regular discharge of Commission's duties; and

(c) Shall allow for inspection of Commission's public records during normal working days and hours at the location which the records reside, or any other reasonable location designated by the Executive Director or designee.

Or. Admin. Code § 585-001-0008

CFTB 1-1999, f. & cert. ef. 4-15-99; CFTB 1-2013, f. & cert. ef. 10-10-13; CFTB 2-2021, amend filed 02/23/2021, effective 2/24/2021

Statutory/Other Authority: ORS 346.150 & ORS 192.311-192.478

Statutes/Other Implemented: ORS 192.311-192.478