Chapter 192 — Chapter 192

ORS 192.345 Public records conditionally exempt from disclosure. The following public records are exempt from disclosure under ORS 192.311 to 192.478 unless the public interest requires disclosure in the particular instance

22.3K chars

ORS 192.355 Public records exempt from disclosure. The following public records are exempt from disclosure under ORS 192.311 to 192.478

28.5K chars

ORS 192.360 Condensation of public record subject to disclosure; petition to review denial of right to inspect public record; adequacy of condensation. (1) When a public record is subject to disclosure under ORS 192.355 (9)(b), in lieu of making the public record available for inspection by providing a copy of the record, the public body may prepare and release a condensation from the record of the significant facts that are not otherwise exempt from disclosure under ORS 192.311 to 192.478. The release of the condensation does not waive any privilege under ORS 40.225 to 40.295

0.8K chars

ORS 192.363 Contents of certain requests for disclosure. (1) A request for the disclosure of records described in ORS 192.355 (3) or 192.365 must include the following information

1.6K chars

ORS 192.365 Disclosure of information pertaining to home care worker, personal support worker, operator of child care facility, exempt child care provider or operator of adult foster home. (1) Upon compliance with ORS 192.363, a public body that is the custodian of or is otherwise in possession of the following information pertaining to a home care worker or personal support worker as defined in ORS 410.600, an operator of a child care facility as defined in ORS 329A.250, an exempt family child care provider as defined in ORS 329A.430 or an operator of an adult foster home as defined in ORS 443.705 shall disclose that information in response to a request to inspect public records under ORS 192.311 to 192.478

0.7K chars

ORS 192.368 Nondisclosure on request of home address, home telephone number and electronic mail address; rules of procedure; duration of effect of request; liability; when not applicable. (1) An individual may submit a written request to a public body not to disclose a specified public record indicating the home address, personal telephone number or electronic mail address of the individual. A public body may not disclose the specified public record if the individual demonstrates to the satisfaction of the public body that the personal safety of the individual or the personal safety of a family member residing with the individual is in danger if the home address, personal telephone number or electronic mail address remains available for public inspection

2.4K chars

ORS 192.371 Nondisclosure of public employee identification badge or card. (1) As used in this section, “public body” has the meaning given that term in ORS 174.109

0.7K chars

ORS 192.374 Nondisclosure of concealed handgun license records or information; exceptions; limitations; rules. (1) A public body may not disclose records or information that identifies a person as a current or former holder of, or applicant for, a concealed handgun license, unless

3.7K chars

ORS 192.377 Required redaction of certain personal information. A public body that is the custodian of or is otherwise in possession of information that was submitted to the public body in confidence and is not otherwise required by law to be submitted, must redact all of the following information before making a disclosure described in ORS 192.355 (4)

0.5K chars

ORS 192.380 Immunity from liability for disclosure of certain personal information; recovery of costs. (1) A public body or any official of the public body that determines that a party requesting information under ORS 192.355 (3), 192.363 or 192.365 has demonstrated by clear and convincing evidence that the public interest requires disclosure in a particular instance is immune from civil or criminal liability associated with the disclosure

0.6K chars

ORS 192.385 Nondisclosure of certain public safety officer investigation records; exceptions. (1) As used in this section

1.8K chars

ORS 192.390 Inspection of records more than 25 years old. Notwithstanding ORS 192.338, 192.345 and 192.355 and except as otherwise provided in ORS 192.398, public records that are more than 25 years old shall be available for inspection. [Formerly 192.495]

0.2K chars

ORS 192.395 Health services costs. A record of an agency of the executive department as defined in ORS 174.112 that contains the following information is a public record subject to inspection under ORS 192.314 and is not exempt from disclosure under ORS 192.345 or 192.355 except to the extent that the record discloses information about an individual’s health or is proprietary to a person

1.7K chars

ORS 192.398 Medical records; sealed records; records of individual in custody or under supervision; student records. The following public records are exempt from disclosure

1.6K chars

ORS 192.401 Records of health professional regulatory boards, Health Licensing Office. (1)(a) A person denied the right to inspect or to receive a copy of a public record of a health professional regulatory board, as defined in ORS 676.160, that contains information concerning a licensee or applicant, and petitioning the Attorney General to review the public record shall, on or before the date of filing the petition with the Attorney General, send a copy of the petition by first class mail to the health professional regulatory board. Not more than 48 hours after the board receives a copy of the petition, the board shall send a copy of the petition by first class mail to the licensee or applicant who is the subject of a public record for which disclosure is sought. When sending a copy of the petition to the licensee or applicant, the board shall include a notice informing the licensee or applicant that a written response by the licensee or applicant may be filed with the Attorney General not later than seven days after the date that the notice was sent by the board. Immediately upon receipt of any written response from the licensee or applicant, the Attorney General shall send a copy of the response to the petitioner by first class mail

5.4K chars

ORS 192.405 [2011 c.485 §1; renumbered 192.385 in 2017]

0.0K chars

ORS 192.407 When petition for review of public records request allowed; order granting petition; penalty. (1) A person who has submitted a written public records request in compliance with a public body’s policy may seek review of the following, in the same manner as a person petitions when inspection of a public record is denied under ORS 192.311 to 192.478

2.1K chars

ORS 192.410 [1973 c.794 §2; 1989 c.377 §1; 1993 c.787 §4; 2001 c.237 §1; 2005 c.659 §4; 2017 c.456 §2; renumbered 192.311 in 2017]

0.0K chars

ORS 192.411 Petition to review denial of right to inspect state public record; appeal from decision of Attorney General denying inspection. (1) Subject to ORS 192.401 (1) and 192.427, any person denied the right to inspect or to receive a copy of any public record of a state agency may petition the Attorney General to review the public record to determine if it may be withheld from public inspection. Except as provided in ORS 192.401 (2), the burden is on the agency to sustain its action. Except as provided in ORS 192.401 (2), the Attorney General shall issue an order denying or granting the petition, or denying it in part and granting it in part, within seven days from the day the Attorney General receives the petition

1.8K chars

ORS 192.415 Procedure to review denial of right to inspect other public records; effect of disclosure. (1) ORS 192.401 and 192.411 apply to the case of a person denied the right to inspect or to receive a copy of any public record of a public body other than a state agency, except that

0.9K chars

ORS 192.418 Effect of failure of Attorney General, district attorney or elected official to take timely action on inspection petition. (1) The failure of the Attorney General or district attorney to issue an order under ORS 192.401, 192.411 or 192.415 denying, granting, or denying in part and granting in part a petition to require disclosure within seven days from the day of receipt of the petition shall be treated as an order denying the petition for the purpose of determining whether a person may institute proceedings for injunctive or declaratory relief under ORS 192.401, 192.411 or 192.415

0.4K chars

ORS 192.420 [1973 c.794 §3; 1999 c.574 §1; 2003 c.403 §1; renumbered 192.314 in 2017]

0.0K chars

ORS 192.422 Petition form; procedure when petition received. (1) A petition to the Attorney General or district attorney requesting the Attorney General or district attorney to order a public record to be made available for inspection or to be produced shall be in substantially the following form, or in a form containing the same information

1.6K chars

ORS 192.423 [2007 c.513 §2; renumbered 192.360 in 2017]

0.0K chars

ORS 192.427 Procedure to review denial by elected official of right to inspect public records. In any case in which a person is denied the right to inspect or to receive a copy of a public record in the custody of an elected official, or in the custody of any other person but as to which an elected official claims the right to withhold disclosure, no petition to require disclosure may be filed with the Attorney General or district attorney, or if a petition is filed it shall not be considered by the Attorney General or district attorney after a claim of right to withhold disclosure by an elected official. In such case a person denied the right to inspect or to receive a copy of a public record may institute proceedings for injunctive or declaratory relief in the appropriate circuit court, as specified in ORS 192.401, 192.411 or 192.415, and the Attorney General or district attorney may upon request serve or decline to serve, in the discretion of the Attorney General or district attorney, as counsel in such suit for an elected official for which the Attorney General or district attorney ordinarily serves as counsel. Nothing in this section shall preclude an elected official from requesting advice from the Attorney General or a district attorney as to whether a public record should be disclosed. [Formerly 192.480]

0.0K chars

ORS 192.430 [1973 c.794 §4; 1989 c.546 §1; renumbered 192.318 in 2017]

0.0K chars

ORS 192.431 Court authority in reviewing action denying right to inspect public records; docketing; costs and attorney fees. (1) In any suit filed under ORS 192.401, 192.411, 192.415, 192.422 or 192.427, the court has jurisdiction to enjoin the public body from withholding records and to order the production of any records improperly withheld from the person seeking disclosure. The court shall determine the matter de novo and the burden is on the public body to sustain its action. The court, on its own motion, may view the documents in controversy in camera before reaching a decision. Any noncompliance with the order of the court may be punished as contempt of court

1.2K chars

ORS 192.435 [2015 c.26 §3; 2015 c.805 §2; renumbered 192.365 in 2017]

0.0K chars

ORS 192.437 [2015 c.805 §3; renumbered 192.363 in 2017]

0.0K chars

ORS 192.440 [1973 c.794 §5; 1979 c.548 §4; 1989 c.111 §12; 1989 c.377 §2; 1989 c.546 §2; 1999 c.824 §5; 2001 c.445 §168; 2005 c.272 §1; 2007 c.467 §1; 2017 c.456 §3; renumbered 192.324 in 2017]

0.0K chars

ORS 192.445 [1993 c.787 §5; 1995 c.742 §12; 2003 c.807 §1; renumbered 192.368 in 2017]

0.0K chars

ORS 192.447 [2003 c.282 §1; renumbered 192.371 in 2017]

0.0K chars

ORS 192.448 [2012 c.93 §2; 2012 c.93 §5; renumbered 192.374 in 2017]

0.0K chars

ORS 192.450 [1973 c.794 §6; 1975 c.308 §2; 1997 c.791 §8; 1999 c.751 §4; 2017 c.101 §4; subsections (1) to (3) renumbered 192.411 and subsections (4) to (7) renumbered 192.401 in 2017]

0.0K chars

ORS 192.460 [1973 c.794 §7; 2007 c.513 §4; renumbered 192.415 in 2017]

0.0K chars

ORS 192.461 Public Records Advocate. (1) The office of the Public Records Advocate is created as an independent office within the executive department, separate and distinct from any other state agency

1.8K chars

ORS 192.464 Facilitated dispute resolution services of Public Records Advocate. (1)(a) The Public Records Advocate shall provide facilitated dispute resolution services when requested by a person described in subsection (2) of this section or by a state agency under the conditions described in subsection (3) of this section

4.7K chars

ORS 192.465 [1975 c.308 §5; renumbered 192.418 in 2017]

0.0K chars

ORS 192.468 Discretion of Public Records Advocate in dispute resolution services. Consistent with ORS 192.464 and rules adopted thereunder, the Public Records Advocate possesses sole discretion over the conduct of facilitated dispute resolution sessions. [2017 c.728 §3]

0.0K chars

ORS 192.470 [1973 c.794 §10; renumbered 192.422 in 2017]

0.0K chars

ORS 192.472 Confidentiality of Public Records Advocate records. Written records, documents, notes or statements of any kind prepared for or submitted to the Public Records Advocate, prepared by the advocate or exchanged between parties seeking a facilitated dispute resolution are subject to ORS 36.220 to 36.238. The Public Records Advocate may claim any exemption from disclosure under ORS 192.311 to 192.478 that a public body that is a party to the facilitated dispute resolution may claim with respect to a request for public records described in this section. [2017 c.728 §4]

0.0K chars

ORS 192.475 Public records request training. (1) The Public Records Advocate shall provide training for state agencies and local governments on the requirements and best practices for processing and responding to public records requests

0.6K chars

ORS 192.476 Estimate of expenses; rules. (1) On or before January 1 preceding the start of a biennium, the Public Records Advocate shall estimate the expenses the advocate will incur for the upcoming biennium in carrying out the provisions of ORS 192.461 to 192.477. The advocate shall report the estimate to the Oregon Department of Administrative Services and the Legislative Fiscal Officer

0.8K chars

ORS 192.477 Public Records Advocate Fund. (1) The Public Records Advocate Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Public Records Advocate Fund shall be credited to the Public Records Advocate Fund

0.5K chars

ORS 192.478 Exemption for Judicial Department. The Judicial Department is not subject to ORS 192.464 and 192.475. [2017 c.728 §6]

0.0K chars

ORS 192.480 [1973 c.794 §8; renumbered 192.427 in 2017]

0.0K chars

ORS 192.481 Public Records Advisory Council. (1) The Public Records Advisory Council is created

3.5K chars

ORS 192.483 Duties of Public Records Advisory Council; rules. (1) The Public Records Advisory Council created under ORS 192.481 shall periodically perform all of the following

2.0K chars

ORS 192.485 Definitions for ORS 192.485 to 192.513. As used in ORS 192.485 to 192.513, “public record” has the meaning given that term in ORS 192.311. [2017 c.654 §1]

0.2K chars

ORS 192.488 Open government impact statement. (1) The Legislative Counsel shall prepare an open government impact statement for each measure reported out of a committee of the Legislative Assembly if the measure affects the disclosure, or exemption from disclosure, of a public record

0.5K chars