Or. Admin. Code § 813-005-0055

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

Section 813-005-0055 - Access to Public Records and Related Charges

(1) The Administrative Rules set forth in Chapter 813, Division 005, Section 0055 apply to all public records for which Oregon Housing and Community Services (OHCS) is custodian.

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

(a) Allow access to and disclosure of the public records subject to ORS 192.311 to 192.338;

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

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

(3) A request to inspect or obtain copies of a public record of OHCS shall be made in writing to the Director or designee, and shall include:

(a) The name, address and telephone number 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, audio, machine readable, or electronic format, etc.);

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

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

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

(5) A review of the requested records will be conducted by OHCS 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.

(6) The Director or designee will advise the requestor, within a reasonable amount of time, whether the records may be disclosed, the date, time, and place they may be inspected or obtain copies of the records, and the estimated cost of inspection, duplication, and other related fees as described in OAR 813-005-0055(9).

(7) If the requested records contain information exempt from disclosure, the requestor will be furnished a copy of the record with the exempt material redacted.

(8) The Director or designee may require and designate an OHCS employee to supervise the inspection of requested records.

(9) OHCS will follow Department Administrative Services' (DAS) established fees and miscellaneous charges for providing access to or copies of public records in paper, electronic, or other format, based on the actual costs of preparing and providing the records. Costs associated with a request for public records may include per page copy and facsimile fees, postage when applicable, staff time to locate, review, redact information exempt from disclosure, and/or transfer the material to a requested electronic or other necessary format appropriate for releasing the public record(s).

(10) No additional fee will be charged for providing records in an alternative format when required by the Americans with Disabilities Act.

(11) The Director or designee may reduce or waive fees when the requester submits a completed the Public Interest Waiver Form, found on the OHCS Public Records website. If the waiver form contains missing or incomplete information, the Department may seek clarification from the requester.

(12) All fees and charges must be paid in advance of releasing the requested public records for inspection or before photocopies are provided. Payments must be made by check or money order and made payable to OHCS and mailed to 725 Summer St NE Salem, OR 97301.

(13) To conserve and protect public resources, photocopies will be produced on recycled paper in double-sided print format whenever feasible to reduce costs and paper waste.

(14) Electronic delivery is the preferred delivery method of OHCS records response.

(15) Records request fees will only apply to the review and redaction of the first public records request for records. Any subsequential public records requests for the same records, will not result in any invoicing as the records have previously been made available for public disclosure.

Or. Admin. Code § 813-005-0055

OHCS 16-2020, adopt filed 07/30/2020, effective 7/30/2020; OHCS 34-2023, amend filed 12/29/2023, effective 1/1/2024

Statutory/Other Authority: ORS 192.318, ORS 192.430 & ORS 456.555

Statutes/Other Implemented: ORS 192.311, ORS 192.355 & ORS 192.338