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The Oregon Administrative Rules contain OARs filed through January 15, 2010

 

DEPARTMENT OF CONSUMER AND BUSINESS SERVICES,
DIRECTOR'S OFFICE

 

DIVISION 5

ACCESS OF PUBLIC RECORDS, FEES FOR RECORD SEARCH
AND COPIES OF PUBLIC RECORDS

440-005-0001

Authority for Rules

The director has adopted OAR 440-005-0001 to 440-005-0030 by the director's authority under ORS 192.430, 192.440, 656.726, 697.732, 731.244, 731.282, 731.284 and 731.804.

Stat. Auth.: ORS 192.430, ORS 192.440, ORS 656.726, ORS 697.732, ORS 731.244, ORS 731.282, ORS 731.284 & ORS 731.804
Stats. Implemented: ORS 192.410 - ORS 192.505
Hist.: IF 1-1989, f. 6-7-89, cert. ef. 6-15-89; IF 2-1990, f. & cert. ef. 6-4-90

440-005-0005

Applicability of Rule

OAR 440-005-0001 to 440-005-0030 apply to all public records of the Department of Consumer and Business Services (department), and govern the application of ORS 192.410 to 192.505 to these records.

Stat. Auth.: ORS 192.430, ORS 192.440, ORS 656.726, ORS 697.732, ORS 731.244, ORS 731.282, ORS 731.284 & ORS 731.804
Stats. Implemented: ORS 192.410 - ORS 192.505
Hist.: IF 1-1989, f. 6-7-89, cert. ef. 6-15-89; DCBS 2-1994, f. 7-8-94, cert. ef. 8-1-94

440-005-0015

Access to Records

(1) The director, in carrying out responsibilities under ORS 192.430 as custodian of public records, shall make restrictions and take precautions necessary to protect the integrity of the records and prevent interference with the regular discharge of the department's duties.

(2) Public records of the department may be inspected or examined during the normal working days and hours of the offices of the department at which the records are kept. The inspection or examination shall take place at the main office, a field office, or any other reasonable location designated by the director.

(3) Access to and disclosure of the public records are subject to ORS 192.410 to 192.505, 654.120, 697.732, 706.720, 722.419, 731.264, 731.312, 734.650, 734.830, 744.245 and any other references establishing an exemption to disclosure of public records.

Stat. Auth.: ORS 192.430, ORS 192.440, ORS 656.726, ORS 697.732, ORS 731.244, ORS 731.282, ORS 731.284 & ORS 731.804
Stats. Implemented: ORS 192.430, ORS 192.440, ORS 192.502, ORS 654.120, ORS 697.732, ORS 706.720, ORS 722.419, ORS 731.264 & ORS 731.312
Hist.: IF 1-1989, f. 6-7-89, cert. ef. 6-15-89; IF 2-1990, f. & cert. ef. 6-4-90; DCBS 2-1994, f. 7-8-94, cert. ef. 8-1-94

440-005-0020

Requests to Inspect or Obtain Copies of Public Records

A request to inspect or obtain copies of a public record or information from public records shall be made in writing or in person, and shall include:

(1) The name, address and telephone number of the requester, except as considered unnecessary by the director;

(2) An identification of the needed public record, or of the type and format of needed public record information, if known to the requester; and

(3) The number of copies requested of the record, if copies are requested.

Stat. Auth.: ORS 192, ORS 656, ORS 697 & ORS 731
Stats. Implemented: ORS 192.430
Hist.: IF 1-1989, f. 6-7-89, cert. ef. 6-15-89

440-005-0025

Payment for Inspection and Copies of Public Records

(1) A person who is receiving a copy of a public record or information from a public record shall pay for the department's actual cost for:

(a) Staff time necessary to locate and handle the records, to delete material exempt from disclosure and to supervise the inspection by the requester;

(b) Producing the copy or the information; and

(c) Other supplies or services necessary to furnish the copy or information.

(2) The director may reduce or waive payment of the fee for access of a public record if the director determines that the reduction or waiver will aid the effective administration of department operations.

(3) The director shall not require payment of fees for the first copy of publications, statutes, administrative rules or public records from public libraries, public educational institutions, or from a federal, state, county or city agency participating in a cooperative program with the department or any company or individual who is the subject of documents such as workers' compensation claim files.

(4) The requester shall pay all fees for access of a public record in advance unless later payment is approved by the director.

Stat. Auth.: ORS 192.430, ORS 192.440, ORS 656.726, ORS 697.732, ORS 731.244, ORS 731.282, ORS 731.284 & ORS 731.804
Stats. Implemented: ORS 192.440
Hist.: IF 1-1989, f. 6-7-89, cert. ef. 6-15-89; IF 2-1990, f. & cert. ef. 6-4-90; DCBS 2-1994, f. 7-8-94, cert. ef. 8-1-94

440-005-0030

Fees and Miscellaneous Charges

The director establishes fees and miscellaneous charges in agency policy, reviewed periodically, but not less than every three years, to insure all charges reflect no more than the actual cost of producing and processing.

Stat. Auth.: ORS 192.430, ORS 192.440, ORS 656.726, ORS 697.732, ORS 731.244, ORS 731.282, ORS 731.284 & ORS 731.804
Stats. Implemented: ORS 192.440, ORS 731.282, ORS 731.284 & ORS 731.804
Hist.: IF 1-1989, f. 6-7-89, cert. ef. 6-15-89; IF 2-1990, f. & cert. ef. 6-4-90; DCBS 2-1994, f. 7-8-94, cert. ef. 8-1-94; DO 2-2003, f. 8-15-03, cert. ef. 1-1-04

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