Chapter 192 — Chapter 192
243 sections in this chapter.
ORS 192.001 Policy concerning public records. (1) The Legislative Assembly finds that
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(a) The records of the state and its political subdivisions are so interrelated and interdependent that the decision as to what records are retained or destroyed is a matter of statewide public policy. (b) The interest and concern of citizens in public records recognizes no juris…
ORS 192.005 Definitions for ORS 192.005 to 192.170. As used in ORS 192.005 to 192.170, unless the context requires otherwise
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(1) “Archivist” means the State Archivist. (2) “Photocopy” includes a photograph, microphotograph and any other reproduction on paper or film in any scale. (3) “Photocopying” means the process of reproducing, in the form of a photocopy, a public record or writing. (4) “Political …
ORS 192.010 [Repealed by 1973 c.794 §34]
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[Repealed or reserved.]
ORS 192.015 Secretary of State as public records administrator. The Secretary of State is the public records administrator of this state, and it is the responsibility of the secretary to obtain and maintain uniformity in the application, operation and interpretation of the public records laws. [1973 c.439 §2]
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[Repealed or reserved.]
ORS 192.018 Written policies on use, retention and ownership of public records; State Archivist approval. (1) Each state agency shall have a written policy that sets forth the agency’s use, retention and ownership of public records. The policy shall ensure that public records are being maintained and managed consistently within the agency from the time of creation of a public record to the time of final disposition of the public record
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(2) Each state agency shall submit the written policy and any subsequent amendment of the policy to the State Archivist for approval before the policy takes effect or the amendment to the policy takes effect. [2011 c.645 §3]
ORS 192.020 [Repealed by 1973 c.794 §34]
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[Repealed or reserved.]
ORS 192.030 [Amended by 1961 c.160 §4; repealed by 1973 c.794 §34]
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[Repealed or reserved.]
ORS 192.040 Making, filing and recording records by photocopying. A state agency or political subdivision making public records or receiving and filing or recording public records, may do such making or receiving and filing or recording by means of photocopying. Such photocopying shall, except for records which are treated as confidential pursuant to law, be made, assembled and indexed, in lieu of any other method provided by law, in such manner as the governing body of the state agency or political subdivision considers appropriate. [Amended by 1961 c.160 §5]
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[Repealed or reserved.]
ORS 192.050 Copying records; evidentiary effect. A state agency or political subdivision may, with the approval of the proper budgetary authority, cause any public records in its official custody to be photocopied or captured by digital imaging system, as in the case of original filings or recordings, or recorded by audio or video technology. Each photocopy, digital image, audio recording and video recording shall be made in accordance with the appropriate standard as determined by the State Archivist. Every such reproduction shall be deemed an original; and a transcript, exemplification or certified copy of any such reproduction shall be deemed a transcript, exemplification or certified copy, as the case may be, of the original. [Amended by 1961 c.160 §6; 1991 c.671 §4; 2023 c.35 §3]
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[Repealed or reserved.]
ORS 192.060 Indexing and filing copied records. All photocopies, digital images, audio recordings and video recordings made under ORS 192.040 and 192.050 shall be properly indexed and filed so as to facilitate access and retrieval. Each roll of microfilm shall be deemed a book or volume and shall be designated and numbered and provision shall be made for preserving, examining and using the same. [Amended by 1961 c.160 §7; 1991 c.671 §5; 2023 c.35 §4]
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[Repealed or reserved.]
ORS 192.070 Duplicate rolls of microfilm required; delivery to State Archivist. A duplicate of every roll of microfilm of documents recorded pursuant to law and the indexes therefor shall be made and kept safely. The State Archivist upon request may, pursuant to ORS 357.865, accept for safekeeping the duplicate microfilm. [Amended by 1961 c.160 §8]
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[Repealed or reserved.]
ORS 192.072 State Archivist performing microfilm services for public body. Upon the request of a public body as defined by ORS 174.109, the State Archivist may perform microfilm services for the public body. The public body shall pay the cost of rendering the microfilm services to the State Archivist. The State Archivist shall deposit moneys received under this section with the State Treasurer, who shall give a receipt for the moneys. All moneys deposited under this section are continuously appropriated for the payment of expenses incurred by the Secretary of State in the administration of the office of the State Archivist. [1955 c.87 §1; 1961 c.172 §3; 1973 c.439 §8; 2003 c.803 §3]
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[Repealed or reserved.]
ORS 192.074 [1955 c.87 §2; repealed by 1961 c.172 §7]
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[Repealed or reserved.]
ORS 192.076 [1955 c.87 §3; repealed by 1961 c.172 §7]
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[Repealed or reserved.]
ORS 192.080 [Amended by 1961 c.160 §9; repealed by 1971 c.508 §4]
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[Repealed or reserved.]
ORS 192.090 [Repealed by 1961 c.160 §24]
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[Repealed or reserved.]
ORS 192.100 [Repealed by 1961 c.160 §24]
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[Repealed or reserved.]
ORS 192.105 State Archivist authorization for state officials to dispose of records; legislative records excepted; local government policy on disposing of public records; limitations; records officer; standards for State Records Center. (1) Except as otherwise provided by law, the State Archivist may grant to public officials of the state or any political subdivision specific or continuing authorization for the retention or disposition of public records that are in their custody, after the records have been in existence for a specified period of time. In granting such authorization, the State Archivist shall consider the value of the public records for legal, administrative, fiscal, tribal cultural, historical or research purposes and shall establish rules for procedure for the retention or disposition of the public records
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(2)(a) The State Archivist shall provide instructions and forms for obtaining authorization. Upon receipt of an authorization or upon the effective date of the applicable rule, a state official who has public records in custody shall destroy or otherwise dispose of those records …
ORS 192.108 Retention schedules. Each state agency or political subdivision shall maintain a public record or accurate copy of a public record in accordance with a retention schedule authorized under ORS 192.018 or 192.105, without regard to the technology or medium used to create or communicate the record. [2011 c.645 §4]
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[Repealed or reserved.]
ORS 192.110 [Amended by 1961 c.160 §11; repealed by 1971 c.508 §4]
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[Repealed or reserved.]
ORS 192.120 [Repealed by 1971 c.508 §4]
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[Repealed or reserved.]
ORS 192.130 Disposition of valueless records in custody of State Archivist; notice prior to disposition. If the State Archivist determines that any public records of a state agency or political subdivision in the official custody of the State Archivist prove to have insufficient legal, administrative, fiscal, tribal cultural, historical or research value to warrant permanent preservation, the State Archivist shall submit a statement or summary thereof to the records officer of the state agency or political subdivision, or successor agency or body, certifying the type and nature thereof and giving prior notification of the destruction. [Amended by 1961 c.160 §12; 1971 c.508 §2; 1991 c.671 §7; 2023 c.35 §6]
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[Repealed or reserved.]
ORS 192.140 [Amended by 1961 c.160 §13; repealed by 1977 c.146 §2]
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[Repealed or reserved.]
ORS 192.150 [Amended by 1961 c.160 §14; repealed by 1977 c.146 §2]
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[Repealed or reserved.]
ORS 192.160 [Amended by 1961 c.160 §15; repealed by 1977 c.146 §2]
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[Repealed or reserved.]
ORS 192.170 Disposition of materials without authorization. The destruction or other disposal of the following materials do not require specific authorization
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(1) Inquiries and requests from the public and answers thereto not required by law to be preserved or not required as evidence of a public or private legal right or liability. (2) Public records which are duplicates by reason of their having been photocopied. (3) Letters of trans…
ORS 192.173 Records and reports required by law to be in English; penalty. (1) With the exception of prescriptions, all records, reports and proceedings required to be kept by law shall be in the English language or in a machine language capable of being converted to the English language by a data processing device or computer
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(2) Violation of this section is a Class C misdemeanor. [Formerly 192.310] EXECUTIVE DEPARTMENT
ORS 192.180 Coordination of executive department response to public records request. (1) As used in this section, “executive department” has the meaning given that term in ORS 174.112, except that “executive department” does not include the Secretary of State in performing the duties of the constitutional office of Secretary of State or the State Treasurer in performing the duties of the constitutional office of State Treasurer
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(2) The Oregon Department of Administrative Services shall coordinate the efforts of each executive department agency for which the department is the custodian of the public records of the agency that are retained in electronic form, in fulfilling public records requests made of …
ORS 192.183 Compiling public records stored in electronic form; rules. The State Chief Information Officer and the Oregon Department of Administrative Services may adopt rules to implement the provisions of ORS 276A.203 (4)(a)(O), as amended by section 1, chapter 48, Oregon Laws 2016, and ORS 192.180, including but not limited to rules establishing procedures for compiling public records that are stored in electronic form. [2016 c.48 §4]
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Note: See note under 192.180.
ORS 192.190 [1983 c.232 §1; repealed by 2015 c.277 §15]
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[Repealed or reserved.]
ORS 192.191 Department of Justice information sharing guide. (1) The Department of Justice shall maintain an information sharing guide setting forth the applicable state and federal laws governing the release of educational, juvenile justice, adult correctional, mental health treatment, substance abuse treatment and health care information. The guide must set forth the applicable laws according to discipline, including but not limited to the release of information by child welfare agencies, law enforcement, juvenile justice agencies, schools, mental health treatment providers, health care providers, substance abuse treatment providers and human services providers
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(2) The guide must be made available on the Department of Justice website and updated annually in accordance with changes in the law. [2017 c.647 §3; 2017 c.647 §4] Note: 192.191 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 1…
ORS 192.210 Definitions for ORS 192.210 and 192.220. As used in ORS 192.210 and 192.220, unless the context requires otherwise
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(1) “Issuing agency” means: (a) Every state officer, board, commission, department, institution, branch or agency of state government whose costs are paid from public funds and includes the Legislative Assembly, the officers and committees thereof, and the courts and the officers…
ORS 192.220 Standardized report forms; exemptions. (1) Except where form and frequency of reports are specified by law, every receiving agency shall prescribe by rule standardized forms for all reports and shall fix the frequency with which reports shall be submitted
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(2) Receiving agencies in the executive or administrative branch of government shall consult with the Oregon Department of Administrative Services in preparing rules under this section. (3) With the consent of the Governor, a receiving agency in the executive or administrative br…
ORS 192.230 Definitions for ORS 192.235 to 192.245. As used in ORS 192.235 to 192.245
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(1) “Report” means informational matter that is published as an individual document at state expense or as required by law. “Report” does not include documents prepared strictly for agency administrative or operational purposes. (2) “State agency” has the meaning given that term …
ORS 192.235 Policy for ORS 192.230 to 192.250. (1) The Legislative Assembly finds that
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(a) Many state agency reports are published for reasons that are historical and no longer based on the public’s need to be informed. (b) The format of many state agency reports is not economical or well suited to providing needed information in easily understandable form. (c) Sta…
ORS 192.240 Duties of state agency issuing report. To comply with the state policy relating to reports outlined in ORS 192.235, a state agency shall do the following
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(1) Use electronic communications whenever the agency determines that such use reduces cost and still provides public access to information. (2) Whenever possible, use standard 8-1/2-by-11-inch paper printed on both sides of the sheet and use recycled paper, as defined in ORS 279…
ORS 192.243 Availability of report on Internet; rules. (1) In accordance with rules adopted by the Oregon Department of Administrative Services and to reduce the amount of paper used by state agencies, by June 30, 2005, each state agency shall make available on the Internet any report that the state agency is required by law to publish. If a statute or rule requires a state agency to issue a printed report, that requirement is satisfied if the state agency makes the report available on the Internet. A state agency may issue printed copies of a report upon request
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(2) The Oregon Department of Administrative Services shall adopt rules in accordance with subsection (1) of this section requiring each state agency to make available on the Internet any report that the state agency is required by law to publish. (3) This section may not be const…
ORS 192.245 Form of report to legislature. (1) Whenever a law of this state requires a written report be submitted to the Legislative Assembly, the requirement shall be met by distribution of an executive summary of no more than two pages sent to every member of the Legislative Assembly by electronic mail and one copy of the report to the Legislative Administrator. This requirement does not preclude providing a copy of any report to a specific legislative committee if required by law. The requirements of this subsection are not met if the executive summary is distributed to members of the Legislative Assembly in paper format
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(2) The executive summary described in subsection (1) of this section shall include an explanation of how a member of the Legislative Assembly may obtain a copy of the report. If the report is also available on the Internet, the executive summary shall include the online location…
ORS 192.250 Director of Oregon Department of Administrative Services to report to legislature on ORS 192.230 to 192.250. The Director of the Oregon Department of Administrative Services shall report to the Legislative Assembly by appearing at least once during each biennium before the appropriate interim committees designated by the Speaker of the House of Representatives and the President of the Senate. The director shall testify as to the effectiveness of ORS 171.206, 192.230 to 192.250 and 292.956, including any cost savings realized or projected and any recommendations for further legislative action. [1991 c.842 §5; 2003 c.803 §4]
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Note: See note under 192.230. (Distribution)
ORS 192.270 Definitions for ORS 192.270 and 192.275. As used in ORS 192.270 and 192.275
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(1) “Public” does not include any state officer or board, commission, committee, department, institution, branch or agency of state government to which a report is specifically required by law to be submitted but does include any such to which a copy is sent for general informati…
ORS 192.275 Notice when report required; content; effect. Notwithstanding ORS 192.230 to 192.245, if any state or federal law requires a state agency to send, mail or submit a report to the public, the state agency may meet this requirement by mailing notice of the report to the public. The notice shall state that if the recipient returns an attached or enclosed postcard to the state agency, the state agency will supply a copy of the report. The postcard may contain a checkoff to indicate whether the person wants to continue receiving a copy of complete reports. [1993 c.181 §2]
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Note: See note under 192.270.
ORS 192.310 [1971 c.743 §294; 2014 c.45 §32; renumbered 192.173 in 2017]
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INSPECTION OF PUBLIC RECORDS (Definitions)
ORS 192.311 Definitions for ORS 192.311 to 192.478. As used in ORS 192.311 to 192.478
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(1) “Business day” means a day other than Saturday, Sunday or a legal holiday and on which at least one paid employee of the public body that received the public records request is scheduled to and does report to work. In the case of a community college district, community colleg…
ORS 192.314 Right to inspect public records; notice to public body attorney. (1) Every person has a right to inspect any public record of a public body in this state, except as otherwise expressly provided by ORS 192.338, 192.345 and 192.355
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(2)(a) If a person who is a party to a civil judicial proceeding to which a public body is a party, or who has filed a notice under ORS 30.275 (5)(a), asks to inspect or to receive a copy of a public record that the person knows relates to the proceeding or notice, the person mus…
ORS 192.318 Functions of custodian of public records; rules. (1) The custodian of any public records, including public records maintained in machine readable or electronic form, unless otherwise expressly provided by statute, shall furnish proper and reasonable opportunities for inspection and examination of the records in the office of the custodian and reasonable facilities for making memoranda or abstracts therefrom, during the usual business hours, to all persons having occasion to make examination of them. If the public record is maintained in machine readable or electronic form, the custodian shall furnish proper and reasonable opportunity to assure access
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(2) The custodian of the records may adopt reasonable rules necessary for the protection of the records and to prevent interference with the regular discharge of duties of the custodian. [Formerly 192.430]
ORS 192.324 Copies or inspection of public records; public body response; fees; procedure for records requests. (1) A public body that is the custodian of any public record that a person has a right to inspect shall give the person, upon receipt of a written request
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(a) A copy of the public record if the public record is of a nature permitting copying; or (b) A reasonable opportunity to inspect or copy the public record. (2) If an individual who is identified in a public body’s procedure described in subsection (7)(a) of this section receive…
ORS 192.329 Public body’s response to public records request. (1) A public body shall complete its response to a written public records request that is received by an individual identified in the public body’s procedure described in ORS 192.324 as soon as practicable and without unreasonable delay
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(2) A public body’s response to a public records request is complete when the public body: (a) Provides access to or copies of all requested records within the possession or custody of the public body that the public body does not assert are exempt from public disclosure, or expl…
ORS 192.335 Immunity from liability for disclosure of public record; effect of disclosure on privilege. (1) A public body that, acting in good faith, discloses a public record in response to a request for public records is not liable for any loss or damages based on the disclosure unless the disclosure is affirmatively prohibited by state or federal law or by a court order applicable to the public body. Nothing in this subsection shall be interpreted to create liability on the part of a public body, or create a cause of action against a public body, based on the disclosure of a public record
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(2) A public body that discloses any information or record in response to a written request for public records under ORS 192.311 to 192.478 that is privileged under ORS 40.225 to 40.295 does not waive its right to assert the applicable privilege to prevent the introduction of the…
ORS 192.338 Exempt and nonexempt public record to be separated. If any public record contains material which is not exempt under ORS 192.345 and 192.355, as well as material which is exempt from disclosure, the public body shall separate the exempt and nonexempt material and make the nonexempt material available for examination. [Formerly 192.505]
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Note: 192.338, 192.345 and 192.355 were made a part of 192.311 to 192.478 by legislative action but were not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation. (Exemptions)
ORS 192.340 Attorney General catalog of exemptions from disclosure. (1) The Attorney General shall maintain and regularly update a catalog of exemptions created by Oregon statute from the disclosure requirements of ORS 192.311 to 192.478. The catalog must be as comprehensive as reasonably possible and must be freely available to the public in an electronic format that facilitates sorting and searching of the catalog
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(2) The catalog required by subsection (1) of this section must include the following information for each exemption: (a) A citation to the Oregon statute or statutes creating the exemption from the disclosure requirements of ORS 192.311 to 192.478; (b) The relevant text of each …