Title 19, Miscellaneous Matters Related to Government and Public Affairs

(1) The Legislative Assembly finds that: (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 citiz…

As used in ORS 192.005 to 192.170, unless the context requires otherwise: (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 reproducin…

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]

(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 …

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 pursu…

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 vi…

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…

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]

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 un…

(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 e…

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. [201…

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 preserv…

The destruction or other disposal of the following materials do not require specific authorization: (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) …

(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. (2) Violation of this sec…

(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 per…

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 …

(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…

As used in ORS 192.210 and 192.220, unless the context requires otherwise: (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 Ass…

(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. (2) Receiving agencies in the executive or administrative bran…

As used in ORS 192.235 to 192.245: (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 agenc…

(1) The Legislative Assembly finds that: (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 informati…

To comply with the state policy relating to reports outlined in ORS 192.235, a state agency shall do the following: (1) Use electronic communications whenever the agency determines that such use reduces cost and still provides public access to information. (2) Whenever possible, …

(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 publi…

(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 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 S…

As used in ORS 192.270 and 192.275: (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 …

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 retur…

As used in ORS 192.311 to 192.478: (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…

(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. (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 fil…

(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 th…

(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: (a) A copy of the public record if the public record is of a nature permitting copying; or (b) A reasonable opportunity to i…

(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. (2) A public body’s response to a public r…

(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 applicab…

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…

(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 …

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: (1) Records of a public body pertaining to litigation to which the public body is a party if the complaint has been file…

The following public records are exempt from disclosure under ORS 192.311 to 192.478: (1) Communications within a public body or between public bodies of an advisory nature to the extent that they cover other than purely factual materials and are preliminary to any final agency d…

(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…

(1) A request for the disclosure of records described in ORS 192.355 (3) or 192.365 must include the following information: (a) The names of the individuals for whom personal information is sought; (b) A statement describing the personal information being sought; and (c) A statem…

(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 32…

(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 individ…

(1) As used in this section, “public body” has the meaning given that term in ORS 174.109. (2) A public body may not disclose the identification badge or card of an employee of the public body without the written consent of the employee if: (a) The badge or card contains the phot…

(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: (a) The disclosure is made to another public body and is necessary for criminal justice purposes; (b) A cour…

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 1…

(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 fro…

(1) As used in this section: (a) “Law enforcement unit” has the meaning given that term in ORS 181A.355. (b) “Public body” has the meaning given that term in ORS 192.311. (c) “Public safety officer” has the meaning given that term in ORS 181A.355. (2) A public body may not disclo…

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] Note: 192.390 was added to and made a part of 192.311 to 192.478 by legislative a…

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 discl…

The following public records are exempt from disclosure: (1) Records less than 75 years old which contain information about the physical or mental health or psychiatric care or treatment of a living individual, if the public disclosure thereof would constitute an unreasonable inv…

(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…