OREGON PUBLIC RECORDS LAW - ORS 192.311 to 192.478 (selected sections)

192.311 Definitions for ORS 192.311 to 192.478. 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 college district, community college service district, public university, school district or education service district, business day does not include any day on which the central administration offices of the district or university are closed. (2) Custodian means: (a) The person described in ORS 7.110 for purposes of court records; or (b) A public body mandated, directly or indirectly, to create, maintain, care for or control a public record. Custodian does not include a public body that has custody of a public record as an agent of another public body that is the custodian unless the public record is not otherwise available. (3) Person includes any natural person, corporation, partnership, firm, association or member or committee of the Legislative Assembly. (4) Public body includes every state officer, agency, department, division, bureau, board and commission; every county and city governing body, school district, special district, municipal corporation, and any board, department, commission, council, or agency thereof; and any other public agency of this state. (5)(a) Public record includes any writing that contains information relating to the conduct of the publics business, including but not limited to court records, mortgages, and deed records, prepared, owned, used or retained by a public body regardless of physical form or characteristics. (b) Public record does not include any writing that does not relate to the conduct of the publics business and that is contained on a privately owned computer. (6) State agency means any state officer, department, board, commission or court created by the Constitution or statutes of this state but does not include the Legislative Assembly or its members, committees, officers or employees insofar as they are exempt under section 9, Article IV of the Oregon Constitution. (7) Writing means handwriting, typewriting, printing, photographing and every means of recording, including letters, words, pictures, sounds, or symbols, or combination thereof, and all papers, maps, files, facsimiles or electronic recordings. [Formerly 192.410] (Public Records Request Processing)

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. (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 must submit the request in writing to the custodian and, at the same time, to the attorney for the public body. (b) For purposes of this subsection: (A) The attorney for a state agency is the Attorney General in Salem. (B) Person includes a representative or agent of the person. [Formerly 192.420]

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: (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 bodys procedure described in subsection (7)(a) of this section receives a written request to inspect or receive a copy of a public record, the public body shall within five business days after receiving the request acknowledge receipt of the request or complete the public bodys response to the request. An acknowledgment under this subsection must: (a) Confirm that the public body is the custodian of the requested record; (b) Inform the requester that the public body is not the custodian of the requested record; or (c) Notify the requester that the public body is uncertain whether the public body is the custodian of the requested record. (3) If the public record is maintained in a machine readable or electronic form, the public body shall provide a copy of the public record in the form requested, if available. If the public record is not available in the form requested, the public body shall make the public record available in the form in which the public body maintains the public record. (4)(a) The public body may establish fees reasonably calculated to reimburse the public body for the public bodys actual cost of making public records available, including costs for summarizing, compiling or tailoring the public records, either in organization or media, to meet the request. (b) The public body may include in a fee established under paragraph (a) of this subsection the cost of time spent by an attorney for the public body in reviewing the public records, redacting material from the public records or segregating the public records into exempt and nonexempt records. The public body may not include in a fee established under paragraph (a) of this subsection the cost of time spent by an attorney for the public body in determining the application of the provisions of ORS 192.311 to 192.478. (c) The public body may not establish a fee greater than $25 under this section unless the public body first provides the requester with a written notification of the estimated amount of the fee and the requester confirms that the requester wants the public body to proceed with making the public record available. (d) Notwithstanding paragraphs (a) to (c) of this subsection, when the public records are those filed with: (A) The Secretary of State under ORS chapter 79A or ORS 81.230 to 81.263, the fees for furnishing copies, summaries or compilations of the public records are the fees established by the Secretary of State by rule under ORS chapter 79A or ORS 81.230 to 81.263. (B) A county clerk, the fees for copies of records are the fees established under ORS 205.320. (5) The custodian of a public record may furnish copies without charge or at a substantially reduced fee if the custodian determines that the waiver or reduction of fees is in the public interest because making the record available primarily benefits the general public. (6) A requester who believes that there has been an unreasonable denial of a fee waiver or fee reduction may petition the Attorney General or the district attorney in the same manner as a requester who petitions when inspection of a public record is denied under ORS 192.311 to 192.478. The Attorney General, the district attorney and the court have the same authority in instances when a fee waiver or reduction is denied as when inspection of a public record is denied. (7) A public body shall make available to the public a written procedure for making public records requests that includes: (a) The name of one or more individuals within the public body to whom public records requests may be sent, with addresses; and (b) The amounts of and the manner of calculating fees that the public body charges for responding to requests for public records. (8) This section does not apply to signatures of individuals submitted under ORS chapter 247 for purposes of registering to vote as provided in ORS 247.973. [Formerly 192.440; 2025 c.30 1]

192.329 Public bodys 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 bodys procedure described in ORS 192.324 as soon as practicable and without unreasonable delay. (2) A public bodys 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 explains where the records are already publicly available; (b) Asserts any exemptions from disclosure that the public body believes apply to any requested records and, if the public body cites ORS 192.355 (8) or (9), identifies the state or federal law that the public body relied on in asserting the exemptions; (c) Complies with ORS 192.338; (d) To the extent that the public body is not the custodian of records that have been requested, provides a written statement to that effect; (e) To the extent that state or federal law prohibits the public body from acknowledging whether any requested record exists or that acknowledging whether a requested record exists would result in the loss of federal benefits or imposition of another sanction, provides a written statement to that effect, citing the state or federal law that the public body relies on, unless the written statement itself would violate state or federal law; and (f) If the public body asserts that one or more requested records are exempt from public disclosure, includes a statement that the requester may seek review of the public bodys determination pursuant to ORS 192.401, 192.411, 192.415, 192.418, 192.422, 192.427 and 192.431. (3)(a) If a public body has informed a requester of a fee permitted under ORS 192.324 (4), the obligation of the public body to complete its response to the request is suspended until the requester has paid the fee, the fee has been waived by the public body pursuant to ORS 192.324 (5) or the fee otherwise has been ordered waived. (b) If the requester fails to pay the fee within 60 days of the date on which the public body informed the requester of the fee, or fails to pay the fee within 60 days of the date on which the public body informed the requester of the denial of the fee waiver, the public body shall close the request. (4)(a) A public body may request additional information or clarification from a requester of public records for the purpose of expediting the public bodys response to the request. If the public body has requested additional information or clarification in good faith, the public bodys obligation to further complete its response to the request is suspended until the requester provides the requested information or clarification or affirmatively declines to provide that information or clarification. (b) If the requester fails to respond within 60 days to a good faith request from the public body for information or clarification, the public body shall close the request. (5) As soon as reasonably possible but not later than 10 business days after the date by which a public body is required to acknowledge receipt of the request under ORS 192.324, a public body shall: (a) Complete its response to the public records request; or (b) Provide a written statement that the public body is still processing the request and a reasonable estimated date by which the public body expects to complete its response based on the information currently available. (6) The time periods established by ORS 192.324 and subsection (5) of this section do not apply to a public body if compliance would be impracticable because: (a) The staff or volunteers necessary to complete a response to the public records request are unavailable; (b) Compliance would demonstrably impede the public bodys ability to perform other necessary services; or (c) Of the volume of public records requests being simultaneously processed by the public body. (7) For purposes of this section, staff members or volunteers who are on leave or are not scheduled to work are considered to be unavailable. (8) A public body that cannot comply with the time periods established by ORS 192.324 and subsection (5) of this section for a reason listed in subsection (6) of this section shall, as soon as practicable and without unreasonable delay, acknowledge a public records request and complete the response to the request. [2017 c.456 4] Note: 192.329, 192.335 and 192.340 were added to and 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.

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] 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)

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 bodys 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: (a) The failure of a public body to provide the response required by ORS 192.329 within the prescribed period. A failure of the public body to timely respond shall be treated as a denial of the request unless the public body demonstrates that compliance was not required under ORS 192.329. (b) An estimate of time provided by a public body pursuant to ORS 192.329, if the person believes that the estimated time frame for the response is unreasonably long and will result in undue delay of disclosure. (c) Any other instance in which the person believes that the public body has failed to comply with ORS 192.329. (2) Except as provided in subsection (3) of this section, the Attorney General, the district attorney and the court have the same authority with respect to petitions under this section as when inspection of a public record is denied. (3) If the Attorney General, the district attorney or a court grants a petition filed under this section, the order granting the petition: (a) May require disclosure of nonexempt material responsive to the request within seven days, or within any other period that the Attorney General, district attorney or court concludes is appropriate to comply with ORS 192.329; (b) May require the public body to pay a penalty of $200 to the requester if the Attorney General, district attorney or court determines that the public body responded to the request with undue delay or failed to respond to the request; and (c) May order a fee waiver or a fee reduction if a public body has responded to the request with undue delay or has failed to respond to the request in the time and manner prescribed in ORS 192.329. Nothing in this subsection prohibits a reviewing body from finding an unreasonable denial of a fee waiver or a fee reduction on other grounds. (4) Nothing in this section limits the authority of a court to act under ORS 192.431. [2017 c.456 5; 2019 c.205 1] Note: 192.407 was added to and made a part of 192.311 to 192.478 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation. 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]

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. (2) The advocate shall charge an assessment to each public body in state government so as to recoup the costs estimated under subsection (1) of this section. Each public body in state government shall pay to the credit of the advocate the amount the public body was assessed under this subsection as an administrative expense from funds or appropriations available to the public body in the same manner as other claims against the public body are paid. (3) The advocate shall adopt rules specifying the method for allocating the expenses described in subsection (1) of this section among public bodies in state government and for collecting the assessments described in this section. (4) As used in this section, state government has the meaning given that term in ORS 174.111. [2023 c.155 1]