Or. Admin. Code § 859-045-0005

Current through Register Vol. 63, No. 11, November 1, 2024

Section 859-045-0005 - Written Records

(1) Pursuant to Oregon public records law, Board orders and information releasable to the public within the Public Records Law will be made available upon request within a reasonable time.

(2) All requests will be made in writing and final determination on disclosure will be made by the Board or Board staff. Delays in releasing written material may occur when consultation with counsel is necessary to determine whether a record falls under the exemption from disclosure laws.

(3) At a minimum, public records requests will be reviewed by PSRB staff to determine whether any of the records are exempt under the Public Records Law including, but not limited to, the following provisions:

(a) Information of a personal nature such as that kept in a personal, medical or similar file, if the public disclosure thereof would constitute an unreasonable invasion of privacy, unless the public interest by clear and convincing evidence requires disclosure in the particular instance; or

(b) Medical records, health information, individually identifiable health information and protected health information will be withheld from public inspection if the Board determines that the disclosure would interfere with the rehabilitation of the person and if the public interest in confidentiality clearly outweighs the public interest in disclosure.

(4) PSRB will charge a fee of $0.25 per hard copy page for copying material, unless the request is voluminous, in which case the requested materials will be placed on a compact disc (CD) at a charge of $5.00 per CD. For all requests for one hundred (100) pages or more, PSRB may provide the requestor with a written estimate of the associated copying fees. Appeals of determinations on disclosure may be made by petition to the Attorney General in accordance with statutory requirements.

Or. Admin. Code § 859-045-0005

PSRB 6-2016, f. & cert. ef. 3/17/2016

Stat. Auth.: ORS 192.501, 192.502, 192.440, 192.496(3), 179.505, 192.556, 161.387

Stat. Implemented: ORS 192.501, 192.502, 192.496(3), 179.505, 192.556, 161.387