DIVISION 2
PUBLIC RECORDS
441-002-0005
Applicability of Rules
OAR 441-002-0005 to 441-002-0040 apply to all public records of the Division of Finance and Corporate Securities of the Department of Consumer and Business Services.
Stat. Auth.: ORS
705.135
Stats. Implemented: ORS 192.430
Hist.: FCS 3-2003, f. 12-30-03 cert. ef. 1-1-04
441-002-0010
Access to Records
(1) The Director, in carrying out responsibilities as custodian of public records under statutes administered by the Division of Finance and Corporate Securities, 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 Division of Finance and Corporate Securities may be inspected or examined during normal working days and hours. The inspection or examination shall take place at the main 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, 697.732, 706.720, and 722.419.
Stat. Auth.: ORS
705.135
Stats. Implemented: ORS 192.430
Hist.: FCS 3-2003, f. 12-30-03 cert. ef. 1-1-04
441-002-0020
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 and shall include:
(1) The name, address or 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
705.135
Stats. Implemented: ORS 192.440
Hist.: FCS 3-2003, f. 12-30-03 cert. ef. 1-1-04
441-002-0030
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 to 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, or administrative rules to public libraries, public educational institutions or to a federal, state, county or city agency participating in a cooperative program with the Department.
(4) The requester shall pay all fees for access to a public record in advance unless later payment is approved by the Director.
Stat. Auth.: ORS
705.135
Stats. Implemented: ORS 192.440
Hist.: FCS 3-2003, f. 12-30-03 cert. ef. 1-1-04
441-002-0040
Fees for Inspection and Copies of Public Records
(1) The Director sets the following fees for copies of public records, including labor costs in producing the copies:
(a) Photocopies made on a standard office copy machine, 25 cents per sheet;
(b) Microfilm, 25 cents per copy;
(c) Existing mailing list printed on labels, $1.25 per sheet of 20 labels;
(d) Video tape, $15 per 2-hour tape;
(e) Audio cassette tape, $6 per 120 minute cassette;
(f) Records produced on computer disk, $3.50 per disk;
(g) Records produced on CD-rom disk, $6 per disk; and
(h) Electronic records printed on standard office printer, 10 cents per sheet.
(2) The Director sets the following fees for staff labor, including time spent locating, compiling, reviewing for exempt materials, summarizing if requested, or supervising the requester's inspection of the records:
(a) $20 per hour for secretarial/clerical staff; and
(b) $35 per hour for professional/technical staff.
(3) The Director sets the following charges for other services:
(a) Certification of documents, $5 per document in addition to copying or staff labor listed above;
(b) For computerized records compiled in-house or by the Department of Administrative Services, a $44 job set-up fee, one-half cent ($.005) per record on output, staff time at rates set in section (2) of this rule to write the program, plus the actual costs for the output medium, such as tape or disk, and shipping;
(c) Actual charges for compilation of records processed by other external parties; and
(d) Actual long distance charges for records transmitted by fax.
(4) There shall be a minimum $5 fee for each public records request, unless the fee is waived by the Director.
Stat. Auth.: ORS
705.135
Stats. Implemented: ORS 192.440
Hist.: FCS 3-2003, f. 12-30-03 cert. ef. 1-1-04
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