Or. Admin. Code § 603-001-0160

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

Section 603-001-0160 - Fee Waivers and Reductions

(1) Ordinarily there will be no charge for one copy of a public record:

(a) When the material requested is currently being distributed or has been distributed as part of the public participation process such as a news release or public notice;

(b) When the requested material has been distributed through mass mailing and is readily available from the department at the time of request;

(c) When a records request is made by a local, state, or federal public/governmental entity or a representative of a public/governmental entity acting in a public function or capacity. Even if a person qualifies under this subsection, the department may still charge for record review and copying based on the following factors:

(A) Any financial hardship to the department;

(B) The extent of time, expense, and interference with the department's regular business;

(C) The volume of the records requested; or

(D) The necessity to segregate exempt from non-exempt materials.

(2) Public Interest Annual Fee Waivers:

(a) An approved annual fee waiver allows the requester to either review or obtain one copy of a requested record at no charge. Fee waivers are effective for a one-year period.

(b) A person, including members of the news media and non-profit organizations, may be entitled to an annual fee waiver provided that a Fee Waiver Form is completed and approved by the department. The form must identify the person's specific ability to disseminate information of any kind maintained by the department to the general public and that such information is generally in the interest of and in the benefit to the public within the meaning of the Public Records Law. Additional information may be requested by the department before granting any fee waiver.

(c) Even if a person has a fee waiver, the department may charge for record review and copying based on the following factors:

(A) Any financial hardship on the department;

(B) The extent of time, expense, and interference with the department's regular business;

(C) The volume of the records requested;

(D) The necessity to segregate exempt from non-exempt materials; and

(E) The extent to which the record request does not further the public interest or the particular needs of the requester.

(3) Case-by-case waivers or reductions: A person who does not request, or who is not approved for an annual waiver, may request a waiver or reduction of record review and reproduction costs on a case-by-case basis.

Or. Admin. Code § 603-001-0160

DOA 15-2005, f. 6-16-05, cert. ef. 6-30-05

Stat. Auth: ORS 192.410 - 505 & 468.020

Stats. Implemented: ORS 192.440