Chapter 192 — Chapter 192

ORS 192.695 Prima facie evidence of violation required of plaintiff. In any suit commenced under ORS 192.680 (2), the plaintiff shall be required to present prima facie evidence of a violation of ORS 192.610 to 192.705 before the governing body shall be required to prove that its acts in deliberating toward a decision complied with the law. When a plaintiff presents prima facie evidence of a violation of the open meetings law, the burden to prove that the provisions of ORS 192.610 to 192.705 were complied with shall be on the governing body. [1981 c.892 §97d; 1989 c.544 §3]

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ORS 192.700 Annual training requirements. (1)(a) The Oregon Government Ethics Commission shall annually prepare training on the requirements of ORS 192.610 to 192.705 and best practices to enhance compliance with those requirements. The commission may delegate the preparation and presentation of trainings to another organization, except that the commission must approve the content of training prepared by another organization prior to presentation of the training

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ORS 192.705 Filing written grievance; required response. (1) A person who believes that a governing body has acted in violation of ORS 192.610 to 192.705 may, within 30 days of the alleged violation, file a written grievance with the public body whose governing body is alleged to have violated ORS 192.610 to 192.705, setting forth the specific facts and circumstances that the person asserts amounted to a violation of ORS 192.610 to 192.705. The grievance must state the identity of the person filing the grievance and any other information required by the Oregon Government Ethics Commission by rule

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ORS 192.710 [1973 c.168 §1; 1979 c.262 §1; repealed by 2015 c.158 §30]

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ORS 192.715 Short title. ORS 192.715 to 192.760 may be cited as the Uniform Electronic Legal Material Act. [2013 c.221 §10]

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ORS 192.720 Definitions for ORS 192.715 to 192.760. As used in ORS 192.715 to 192.760

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ORS 192.725 Electronic record as official record. (1) If an official publisher publishes legal material only in an electronic record, the publisher shall

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ORS 192.730 Authentication of electronic official record. An official publisher of legal material in an electronic record that is designated as official under ORS 192.725 shall authenticate the record. To authenticate an electronic record, the publisher shall provide a method for a user to determine that the record received by the user from the publisher is unaltered from the official record published by the publisher. [2013 c.221 §3]

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ORS 192.735 Evidentiary rules concerning authenticated electronic record. (1) Legal material in an electronic record that is authenticated under ORS 192.730 is presumed to be an accurate copy of the legal material

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ORS 192.740 Preservation and security of electronic official record. (1) An official publisher of legal material in an electronic record that is or was designated as official under ORS 192.725 shall provide for the preservation and security of the record in an electronic form or a form that is not electronic

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ORS 192.745 Availability for public use. An official publisher of legal material in an electronic record that is required to be preserved under ORS 192.740 shall ensure that the material is reasonably available for use by the public on a permanent basis. [2013 c.221 §6]

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ORS 192.750 Implementation; considerations. In implementing ORS 192.715 to 192.760, an official publisher of legal material in an electronic record shall consider

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ORS 192.755 Uniform construction. In applying and construing ORS 192.715 to 192.760, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. [2013 c.221 §8]

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ORS 192.760 Relationship of ORS 192.715 to 192.760 to federal law. ORS 192.715 to 192.760 modify, limit, and supersede the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7001 et seq., but do not modify, limit or supersede section 101(c) of that Act, 15 U.S.C. 7001(c), or authorize electronic delivery of any of the notices described in section 103(b) of that Act, 15 U.S.C. 7003(b). [2013 c.221 §9]

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ORS 192.800 Definitions for ORS 192.800 to 192.810. As used in this section and ORS 192.805 and 192.810

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ORS 192.805 Reimbursement required prior to disclosure; charges. Before producing any documents or making any disclosures, a financial institution may require the requesting person who caused the subpoena to be issued to reimburse the financial institution for the reasonable costs incurred by the financial institution in the course of compliance. These costs shall include but are not limited to personnel costs, reproduction costs and travel expenses. The following charges shall be considered reasonable costs

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ORS 192.810 Applicability of ORS 192.805. ORS 192.805 does not apply to any subpoena issued by or on behalf of a state agency or local agency subject to the provisions of ORS 192.583 to 192.607, or if the financial institution is a named party to litigation that is the basis for issuance of the subpoena. [1985 c.797 §3; 1989 c.309 §2]

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ORS 192.820 Definitions for ORS 192.820 to 192.868. As used in ORS 192.820 to 192.868

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ORS 192.822 Address Confidentiality Program; substitute addresses. (1) The Address Confidentiality Program is established in the Department of Justice to

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ORS 192.825 [1997 c.566 §1; 2001 c.535 §31; repealed by 2005 c.118 §1]

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ORS 192.826 Application for participation in program; certification of participation; authorization card; rules. (1) Any of the following individuals with the assistance of an application assistant may file an application with the Attorney General to participate in the Address Confidentiality Program

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ORS 192.828 Prohibitions; civil penalty. (1) An applicant for participation in the Address Confidentiality Program or a program participant may not

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ORS 192.830 [1997 c.566 §2; 2001 c.535 §32; repealed by 2005 c.118 §1]

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ORS 192.832 Notice of change in name, address or telephone number. (1) A program participant shall notify the Attorney General within 30 days after the program participant has obtained a legal name change by providing the Attorney General with a certified copy of any judgment or order evidencing the change or any other documentation the Attorney General considers sufficient evidence of the name change

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ORS 192.834 Cancellation of certification. (1) The Attorney General shall cancel the certification of a program participant if

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ORS 192.835 [1997 c.566 §3; 1999 c.59 §48; 1999 c.718 §1; 2001 c.535 §33; repealed by 2005 c.118 §1]

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ORS 192.836 Use of substitute address; waiver of requirement. (1)(a) A program participant may request that public bodies use the substitute address designated by the Attorney General as the address of the program participant in any ongoing actions or proceedings or when creating a new public record

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ORS 192.840 [1997 c.566 §4; repealed by 2001 c.535 §36]

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ORS 192.842 (1) A county clerk or other elections official shall use the actual address of a program participant for voter registration purposes. Except as provided in ORS 192.820 to 192.868, a county clerk or other elections official may not disclose the actual address

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ORS 192.844 Prohibition on disclosure of actual address or telephone number by public body. (1) Except as provided in ORS 192.820 to 192.868, a public body that receives a request from a program participant under ORS 192.836 may not disclose the actual address or telephone number of the program participant

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ORS 192.845 [1997 c.566 §5; 1999 c.718 §2; repealed by 2005 c.118 §1]

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ORS 192.846 Records of Department of Transportation; substitute address. (1) A program participant may request that any driver or vehicle record kept by the Department of Transportation that contains or is required to contain the program participant’s actual address contain instead the substitute address designated by the Attorney General. A request under this subsection must

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ORS 192.848 When Attorney General may disclose actual address or telephone number. (1) The Attorney General may not disclose the actual address or telephone number of a program participant, except under either of the following circumstances

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ORS 192.850 [1997 c.566 §6; 2001 c.535 §34; repealed by 2005 c.118 §1]

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ORS 192.852 Prohibition on obtaining actual address or telephone number; prohibition on disclosure by employee of public body. (1) A person may not attempt to obtain or obtain the actual address or telephone number of a program participant from the Attorney General or a public body through fraud or misrepresentation

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ORS 192.854 Application assistants; application assistance not legal advice. (1) The Attorney General may designate employees of or volunteers serving public or private entities that provide counseling and shelter services to victims of domestic violence, a sexual offense, stalking or human trafficking as application assistants to assist individuals applying to participate in the Address Confidentiality Program

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ORS 192.855 [1997 c.566 §7; repealed by 2001 c.535 §36]

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ORS 192.856 Additional response time for notice or other paper. Notwithstanding any other law and the Oregon Rules of Civil Procedure, whenever a program participant has the right or is required to do some act or take some proceedings within a prescribed period of 10 days or less after the service of a notice or other paper upon the program participant and the notice or paper is served by mail pursuant to ORS 192.820 to 192.868, five days shall be added to the prescribed period. [2005 c.821 §13]

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ORS 192.858 Disclosures to participants. The Attorney General shall disclose in writing to a program participant prior to certification

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ORS 192.860 Rules. The Attorney General may adopt rules the Attorney General considers necessary to carry out the provisions of ORS 192.820 to 192.868. [2005 c.821 §15]

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ORS 192.865 Criminal penalty. Violation of ORS 192.852 is a Class C misdemeanor. [2005 c.821 §16]

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ORS 192.868 Grants, donations and gifts. (1) The Department of Justice may seek, solicit, receive and administer monetary grants, donations and gifts to establish and operate the Address Confidentiality Program

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ORS 192.990 [1973 c.168 §2; 2011 c.597 §169; repealed by 2015 c.158 §30]

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