Oregon Administrative Code

165-025-0110 Certificates of Ascertainment (1) In addition to the certificates of election issued under OAR 165-025-0100 (6), the Secretary of State shall issue certificates of ascertainment of presidential electors as required by law. (2) Each year in which a President and Vice-…

165-025-0120 Convening of Presidential Electors (1) Not later than six days prior to the convening of presidential electors, the Secretary of State shall (a) prepare and sign certificates of ascertainment in the manner required by law; (b) ensure the certificates of ascertainment…

165-025-0130 Transmission of Original Documents to Authorized Officials of the United States (1) The Secretary of State’s duties after the convening of presidential electors shall include but shall not be limited to, the following: (a) transmitting original documents related to t…

166-001-0000 Notice Rule for Rulemaking Prior to the adoption, amendment, or repeal of any permanent rule, the State Archivist shall give notice of the proposed adoption, amendment, or repeal: (1) In the Secretary of State’s Bulletin referred to in ORS 183.360 at least 21 days pr…

166-001-0005 Model Rules of Procedure The State Archivist adopts the Attorney General’s Model Rules of Procedure under the Administrative Procedures Act, dated July 1, 2014. [ED. NOTE: The full text of the Attorney General’s Model Rules of Procedure is available from the office o…

166-005-0000 Policy It is the policy of the State of Oregon to assure the preservation of records essential to meet the needs of the state, its political subdivisions and its citizens and to assure the prompt destruction of records without continuing value. Unlawful destruction o…

166-005-0005 Purpose The purpose of these rules is to implement the provisions of ORS 192.005 to 192.170, and 357.825 to 357.895, by providing procedures for the orderly retention and disposition of public records, regardless of medium or physical format; specify standards for ap…

166-005-0010 Definitions for Divisions 5 through 475 As used in these rules, "photocopy", "political subdivision", "public record", "public writings", and "state agency" are defined by ORS 192. As used in these rules unless otherwise required by context: (1) "Accession" means to …

166-010-0000 General The Archives Division, Office of the Secretary of State, is administered by the State Archivist. The State Archives accepts custody of permanently valuable public records and provides access to those public records in the official custody of the State Archivi…

166-010-0006 Custody of Records The Archives Division may accept custody of public records in accordance with ORS 357.825 or 357.835. The ownership of the records, transfers to the State Archivist upon acceptance into the State Archives. The State Archives accessions records in u…

166-010-0015 State Archives Reference Room Rules Patrons shall observe the following rules for the protection and control of records: (1) Patrons shall register and shall furnish current and valid government-issued photo identification to use public records in the State Archives.…

166-010-0016 Archives Division Fees (1) Legislative records: (a) The Oregon State Archives collects, preserves, and provides access to the following records created by the Oregon Legislative Assembly: (A) Committee minutes/audio log records and exhibits (including regular, specia…

166-010-0018 State Records Center The State Records Center accepts records for storage under the following conditions: (1) Only state agencies with approved records retention schedules can store records at the State Records Center. (2) Official custody of the records transferred …

166-010-0019 Security Copy Depository Deposits for Storage The Security Copy Depository operates vault facilities, located in the State Archives Building, for the off-site storage of security microfilm of public records. The Security Copy Depository accepts deposits for storage u…

166-017-0005 Purpose Agencies must ensure access to all public records as defined by ORS 192.410 to 192.505 for the entire length of the retention period approved by the State Archivist. Electronic public records are particularly susceptible to accidental deletion, damage and obs…

166-017-0010 Definitions In addition to the definitions contained in OAR 166-005-0010, the following definitions apply to this division: (1) "AIIM" — Association for Information and Image Management. (2) "ANSI" — American National Standards Institute. (3) "ASCII" — American Stand…

166-017-0015 General Requirements (1) Agencies must ensure that all public records in all formats or mediums, including electronic, are maintained in accordance with an applicable records retention schedule approved by the State Archivist. (2) Agencies must develop policies and p…

166-017-0035 Digitization Standards Agency electronic records systems that maintain official copies of public records must meet the following minimum requirements for digitization of paper or microfilm records into the system (as stated in OAR 166, Division 25): (1) Documents con…

166-017-0045 Electronic Record as Official Copy of a Public Record Electronic records (including digitized records) may serve as the official copy of a public record under the following conditions: (1) Public records with a scheduled retention period of less than 100 years may be…

166-017-0055 Security Standards Agency electronic records systems that maintain official copies of public records must meet the following minimum security requirements: (1) Provide a method for all authorized users of the system to retrieve desired records. (2) Provide an appropr…

166-017-0065 Interoperability Standards Agency electronic records systems that maintain official copies of public records must meet the following minimum interoperability requirements: (1) Identify the open format or standard interchange format when necessary to permit the exchan…

166-017-0075 Maintenance and Backup Standards Agency electronic records systems must meet the following minimum requirements to ensure the ongoing maintenance of electronic records: (1) Electronic storage media must be maintained in an environment with a constant temperature from…

166-017-0085 Records Retention Requirements Agencies must develop and adopt policies and procedures to ensure that electronic records are retained and managed as specified in a records retention schedule approved by the State Archivist (166-030-0026 or 166-030-0027). These retent…

166-017-0090 Records Destruction Requirements for Electronic Records Agency electronic records may be destroyed only in accordance with the provisions of a records retention schedule approved by the State Archivist. Each agency must ensure: (1) Electronic records which are confid…

166-017-0095 Use of Alternate Formats and New Technologies for Public Records (1) If adopting new formats or new technologies for public records, such as text messages, social networking sites, and alternate private email accounts, agencies must ensure all actions comply with the…

166-020-0005 Purpose This Division defines storage and conditions that are acceptable for the use, storage, and protection of public records in Oregon, ensuring that the informational content is protected for the entire length of the authorized retention period of the public reco…

166-020-0007 Definitions In addition to the definitions contained in OAR 166-005-0010 and 166-017-0011, the following definitions apply to this division: (1) “Essential electronic records system” means a records system which requires a computer to process and contains records tha…

166-020-0010 Duties of Public Records Custodians Public records custodians are charged with protecting and providing access to public records: (1) The term “public records” as used in statutes and rules pertaining to disposition of public records means records which are the prope…

166-020-0015 Storage Area Standards Safe storage of public records requires compliance with the following standards: (1) Public records should be stored in secure, fire-resistant structures and in areas in which the temperature and humidity are maintained at the levels required t…

166-020-0045 Essential Records Systems, Identification and Storage (1) Agencies shall, with the advice and assistance of the State Archivist, identify their essential records, regardless of medium or physical format. (2) Agencies shall store security copies of essential electroni…

166-025-0005 Purpose and Application of Microfilm Standards Rules The authority for these rules is found in ORS 192.070, 357.825(2), and 357.895. State agencies and political subdivisions shall comply with these rules for microfilming public records. These rules contain the measu…

166-025-0010 Definitions In addition to the definitions contained in OAR 166-005-0010, 166-017-0011 and 166-020-0007, the following definitions apply to this division: (1) “AIIM” refers to the Association for Information and Image Management. (2) “ANSI” refers to the American Nat…

166-025-0015 Technical Specifications for First-Generation 16 mm, 35 mm, and 105 mm Silver-Gelatin Source Document Roll Microfilm for Permanent and Long-Term Oregon Public Records (1) Microfilm Specifications: All security microfilm for long-term or permanent records shall be 16 …

166-025-0020 Targets and Certifications The following informational and technical targeting and certification shall be included in all public records on roll microfilm. All targets are available from the Archives Division: (1) At the beginning of each roll there shall appear: (a)…

166-025-0021 Hybrid Systems The use of hybrid systems (system that combines a micrographic/microfilm analog system with an electronic, digital technology) may be used provided the following conditions have been met: (1) Electronic Imaging to Microfilm-for records with a retention…

166-025-0022 Target and Certifications (Hybrid Systems) The following informational and technical targeting and certification shall be included in all public records on hybrid systems. All targets are available from the Archives Division: (1) At the beginning of each roll there s…

166-025-0025 Storage of Security Microfilm Custodians of microfilm which contains long-term or permanent records shall provide off-site storage for silver security microfilm. This storage shall be at the appropriate temperature and relative humidity as specified in ANSI IT9.11 — …

166-025-0030 Security Copy Depository The Archives Division operates the Security Copy Depository. The following are requirements for deposit of microfilm in Depository: (1) Microfilm with an approved retention period between 10 and 99 years: (a) Microfilm will be inspected for e…

166-025-0035 Microfilm as Official Copy of Public Record Microfilm may be substituted for any paper or machine readable record if it is made according to the following conditions: (1) A security copy of microfilm of public records which has a required minimum retention period of …

166-030-0005 Purpose This Division specifies requirements for agency records management programs, and specifies the lawful authority and methods to destroy or otherwise dispose of public records. They apply to all public records, regardless of medium or physical format, created a…

166-030-0016 Appointment of Records Officer To establish a records management program that ensures the orderly retention and disposition of all public records, and to ensure the preservation of public records of value, each state or local agency shall designate a Records Officer.…

166-030-0019 Written Policies State Agencies must develop and implement written policies that set forth the agency’s use, access, retention and ownership of public records. These policies, including any subsequent amendments, must be submitted to the State Archivist for approval …

166-030-0021 Inventory and Appraisal (State Agencies) To ensure accurate identification and evaluation of its records, each state agency shall, cooperate with the State Archivist in preparation of an inventory of the records of each of its organizational units, including the reco…

166-030-0026 Public Records Retention and Disposition Authorization (State Agencies) Authorization for destruction of public records by a state agency shall be obtained as follows: (1) No authorization is required to destroy materials which are excluded or exempt by statute from …

166-030-0027 Public Records Retention and Disposition Authorization (Local Agencies) Authorization for destruction of public records by local agencies shall be obtained as follows: (1) No authorization is required to destroy materials which are excluded or exempt by statute from …

166-030-0041 Prior Audit of Fiscal Public Records Required Public records of fiscal transactions, regardless of medium or physical format, may not be destroyed until the minimum retention period has passed and the person charged with their audit has released them for destruction.…

166-030-0045 Suspension of Scheduled Public Records Destruction A scheduled destruction of records, regardless of medium or physical format, which are the subject of a public records request or pending litigation shall be suspended until the request or litigation has been resolve…