Loading
The Oregon Administrative Rules contain OARs filed through September 15, 2014
 
QUESTIONS ABOUT THE CONTENT OR MEANING OF THIS AGENCY'S RULES?
CLICK HERE TO ACCESS RULES COORDINATOR CONTACT INFORMATION

 

DEPARTMENT OF CORRECTIONS

 

DIVISION 37

RELEASE OF PUBLIC RECORDS

 

291-037-0005

Authority, Purpose and Policy

(1) Authority: The authority for this rule is granted to the Director of the Department of Corrections in accordance with ORS 423.020, 423.075, 192. 430, and 192.440.

(2) Purpose: To establish uniform procedures and guidelines for release of Department of Corrections public records.

(3) Policy: It is the policy of the Department of Corrections that public records will be available to all persons, consistent with all laws governing the disclosure of such records and consistent with the need to protect such records, to prevent interference with the regular discharge of duties and to recover fees reasonably calculated to reimburse the Department for its actual cost in making such records available.

Stat. Auth.: ORS 179, ORS 183, 192 & 423
Stats. Implemented: ORS 179.040, 192.430, 192.440, 423.020, 423.030 & 423.075
Hist.: CD 36-1978(Temp), f. & ef. 11-17-78 thru 3-16-79; CD 6-1979, f. 3-2-79, ef. 3-7-79; CD 13-1983, f. & ef. 3-18-83; CD 44-1985, f. & ef. 8-16-85; CD 43-1986, f. & ef. 10-17-86; Suspended by CD 3-1989(Temp), f. & cert. ef. 3-10-89; CD 10-1989(Temp), f. & cert. ef. 6-20-89; CD 18-1989, f. & cert. ef. 9-8-89

291-037-0010

Definition

(1) "Offender": Any person under the supervision of the Department who is on parole or probation status. For purposes of this rule, the term "in custody" as used in ORS 192.502(4) includes persons under the supervision of the Community Services Division.

(2) "Department of Corrections Facility": An institution or its satellite, release service, or office, including the grounds, operated by the Department of Corrections.

(3) "Employee": Any person employed full-time, part-time or under temporary appointment by the Department; any person employed under contractual arrangement to provide services to the Department; any person employed by private or public sector agencies who is serving under Department-sanctioned special assignment to provide service or support to Department programs.

(4) "Functional Unit": Any organizational component within the Department, responsible for the delivery of services or the coordination of programs.

(5) "Functional Unit Manager": Any person within the Department who reports to the Director, an assistant director or an administrator and has day-to-day responsibility for the delivery of services or coordination of programs.

(6) "Government Agency": Any state or local government officer, agency, department, division, bureau, board, commission, and employees of an independent contractors with such agencies.

(7) "Inmate": Any person in the custody of Department who is not on parole or probation status.

Stat. Auth.: ORS 179, 183, 192 & 423
Stats. Implemented: ORS 179.040, 192.430, 192.440, 423.020, 423.030 & 423.075
Hist.: CD 36-1978(Temp), f. & ef. 11-17-78 thru 3-16-79; CD 6-1979, f. 3-2-79, ef. 3-7-79; CD 13-1983, f. & ef. 3-18-83; CD 44-1985, f. & ef. 8-16-85; CD 43-1986, f. & ef. 10-17-86; Suspended by CD 3-1989(Temp), f. & cert. ef. 3-10-89; CD 10-1989(Temp), f. & cert. ef. 6-20-89; CD 18-1989, f. & cert. ef. 9-8-89

Procedures

291-037-0015

Requests for Release of Department Public Records

(1) Any person may apply for release of public record information.

(2) The request must be in writing, addressed to the Department's functional unit manager where the record(s) is located, and must specify the record(s) from which information is requested, if known. Where applicable, the request must be accompanied by a signed release of information. If the record(s) is not in the location where the request is received, the request will be forwarded to the functional unit manager in the location where the record is situated.

Stat. Auth.: ORS 179, 183, 192 & 423
Stats. Implemented: ORS 179.040, 192.430, 192.440, 423.020, 423.030 & 423.075
Hist.: CD 32, f. & ef. 4-5-76; CD 36-1978(Temp), f. & ef. 11-17-78 thru 3-16-79; CD 6-1979, f. 3-2-79, ef. 3-7-79; Renumbered from 291-10-100; CD 13-1983, f. & ef. 3-18-83; Suspended by CD 3-1989(Temp), f. & cert. ef. 3-10-89; CD 10-1989(Temp), f. & cert. ef. 6-20-89; CD 18-1989, f. & cert. ef. 9-8-89

291-037-0020

Review of Public Records

(1) The functional unit manager will designate one or more employees to review record(s) for release.

(2) Upon direction from the functional unit manager, the designated staff member(s) will review the record(s) as necessary and will determine whether the record(s) are exempt from disclosure, in accordance with all applicable laws, including but not necessarily limited to the "Public Records Law", now codified at ORS 192.410 to 192.505 and 179.495 to 179.505.

(3) Except as specifically provided for by statute, the designated staff member will advise the person requesting a public record, within a reasonable amount of time, whether the record(s) may be disclosed and the cost of inspection and/or duplication. If the record(s) requested contains information exempt for disclosure, the designated staff member will furnish a copy with the exempt material blanked out:

(a) The cost of duplication will be based upon actual cost, including staff time to locate, review and copy the record(s), all material and first class postage, where applicable:

(A) Unless circumstances warrant a different conclusion, it may be presumed that, if the request is for a specific releasable document, the cost of the duplication is 50 cents a page;

(B) Unless circumstances warrant a different conclusion, it may be presumed that, if the request requires record review and a determination of whether the record can or should be released, the actual cost of such review, determination and duplication is $1.25 a page;

(C) If requested, the designated staff member will certify the copy as a true copy.

(b) Except as noted below, no inspection and/or duplication of record(s) is authorized until payment has been received;

(c) Payments must be received in the form of a money order, cashier's check, or personal check made payable to the Oregon Department of Corrections. An inmate must submit a signed Inmate Account Withdrawal Form (CD 28D) along with his/her request for records.

(4) Fees for inspection and/or duplication by other government agencies or contractors responsible for the treatment of inmates/parolees or probationers of the Department may be waived.

(5) Indigent inmates need not be charged fees immediately for inspection and/or duplication of an inmate's own records if the request is for the inmate's own medical, dental, or psychiatric records; however, in all such cases inmates' trust accounts will be debited to recover costs when funds become available in the inmates' accounts.

(6) Fees for inspection and/or duplication of record(s) related to litigation may be waived upon advice of legal counsel.

(7) Proper and reasonable opportunity for inspection and/or duplication of record(s) will be provided, consistent with security requirements at each Department facility and functional unit and as the circumstances warrant.

Stat. Auth.: ORS 179.040, 192.430, 192.440, 423.020, 423.030 & 423.075
Stats. Implemented: ORS 179.040, 179.495 - 179.505, 192.410 - 192.505, 423.020, 423.030 & 423.075
Hist.: CD 32, f. & ef. 4-5-76; CD 36-1978(Temp), f. & ef. 11-17-78 thru 3-16-79; CD 6-1979, f. 3-2-79, ef. 3-7-79; CD 13-1983, f. & ef. 3-18-83; CD 44-1985, f. & ef. 8-16-85; Suspended by CD 3-1989(Temp), f. & cert. ef. 3-10-89; CD 10-1989(Temp), f. & cert. ef. 6-20-89; CD 18-1989, f. & cert. ef. 9-8-89; CD 3-1994, f. 2-17-94, cert. ef. 3-1-94

291-037-0025

Guidelines for Release of Public Records

(1) Public records at all times shall be subject to inspection and duplication in accordance with the laws applicable at the time of the request. In its administrative compilation of these rules, the Department may include photocopies or transcriptions of these laws in such a format as may be appropriate to the administration of these rules.

(2) Requests for information concerning current or former employees will be referred to the functional unit manager of the Department of Corrections Information Systems and Personnel Services Division.

(3) When disclosure or review of records is denied, the functional unit manager or designee will record the reason for the denial and will forward a copy to the assistant director.

Stat. Auth.: ORS 179, 183, 192 & 423
Stats. Implemented: ORS 179.040, 192.430, 192.440, 423.020, 423.030 & 423.075
Hist.: CD 32, f. & ef. 4-5-76; CD 36-1978(Temp), f. & ef. 11-17-78 thru 3-16-79; CD 6-1979, f. 3-2-79, ef. 3-7-79; CD 13-1983, f. & ef. 3-18-83; CD 44-1985, f. & ef. 8-16-85; CD 43-1986, f. & ef. 10-17-86; Suspended by CD 3-1989(Temp), f. & cert. ef. 3-10-89; CD 10-1989(Temp), f. & cert. ef. 6-20-89; CD 18-1989, f. & cert. ef. 9-8-89

The official copy of an Oregon Administrative Rule is contained in the Administrative Order filed at the Archives Division, 800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the published version are satisfied in favor of the Administrative Order. The Oregon Administrative Rules and the Oregon Bulletin are copyrighted by the Oregon Secretary of State. Terms and Conditions of Use

Oregon Secretary of State • 136 State Capitol • Salem, OR 97310-0722
Phone: (503) 986-1523 • Fax: (503) 986-1616 • oregon.sos@state.or.us

© 2013 State of Oregon All Rights Reserved​