192.311 Definitions for ORS 192.311 to 192.478. As used in ORS

Page 1 of 9

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) For purposes of this section, “News media representative” means any person or entity that

gathers information of potential interest to a segment of the public, uses its editorial skills to

turn the raw materials into a distinct work, and distributes that work to an audience. The

term “news” means information that is about current events or that would be of current

interest to the public. Examples of news-media entities are television or radio stations

broadcasting to the public at large and publishers of periodicals (but only if such entities

qualify as disseminators of “news”) who make their products available for purchase by or

subscription by or free distribution to the general public. These examples are not all-

inclusive. Moreover, as methods of news delivery evolve (for example, the adoption of the

electronic dissemination of newspapers through

telecommunications services), such alternative media shall be considered to be news-media

entities. A freelance journalist shall be regarded as working for a news-media entity if the

journalist can demonstrate a solid basis for expecting publication through that entity,

whether or not the journalist is actually employed by the entity. A publication contract

would present a solid basis for such an expectation; the Government may also consider the

past publication record of the requester in making such a determination.

(4) “Representative of the news media,” or “news-media requester,” means any person

or entity that gathers information of potential interest to a segment of the public, uses their

editorial skills to turn the raw materials into a distinct work, and has the means to

distribute that work to an audience. For this purpose, the term ‘‘news’’ means information

that is about current events or that would be of current interest to the public. Examples of

news-media entities are television or radio stations broadcasting to the public at large and

publishers of periodicals (but only if such entities qualify as disseminators of ‘‘news’’) who

make their products available for purchase by or subscription by or free distribution to the

general public. These examples are not all-inclusive. Moreover, as methods of news

delivery evolve (for example, the adoption of the electronic dissemination of newspapers or

articles through telecommunications services), such alternative media shall be considered

to be news-media entities. A freelance journalist shall be regarded as working for a news-

Page 2 of 9

media entity if the journalist can demonstrate a solid basis for expecting publication

through that entity, whether or not the journalist is actually employed by the entity. A

publication contract would present a solid basis for such an expectation; the agency may

also consider the past publication record of the requester in making such a determination.

To qualify under this category, a requester must not be seeking the requested records for a

commercial use. A request for records supporting the news-dissemination function of the

requester will not be considered to be for a commercial use.

(5) “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.

(6)(a) “Public record” includes any writing that contains information relating to the conduct

of the public’s 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

public’s business and that is contained on a privately owned computer.

(7) “Search” means the process of looking for and retrieving records or information

responsive to a request. It includes page-by-page or line-by-line identification of

information within records and also includes reasonable efforts to locate and retrieve

information from records maintained in electronic form or format. The public body will

conduct searches in the most efficient and least expensive manner reasonably possible.

(8) “Duplicate” means the making of a copy of a record, or of the information contained

in it, necessary to respond to a public records request. Subject to ORS 192.324(3), copies

can take the form of paper, audiovisual materials, or electronic records, media, or data,

among others.

(9) “Review” means the examination of a record located in response to a request to

determine whether any portion of it is exempt from disclosure. It also includes processing

any record for disclosure—for example, doing all that is necessary to redact it and prepare

it for disclosure. Review costs are recoverable even if a record ultimately is not disclosed.

The public body may include in a fee 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. Review time does not

include time spent by an attorney for the public body in determining the application of the

provisions of ORS 192.311 to 192.478.

(10) “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.

(11) “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]

Page 3 of 9

(12) “Public interest” means making a record available because it primarily benefits the

general public. Benefitting the general public includes, but is not limited to, the release of

records or information that:

(a) Directly impacts, affects, or serves an identified interest of the general public;

(b) Advances the welfare or well-being of the general public;

activities of government;

(d) Are the requester’s own records or the records of one for whom the requester is the

legal guardian and subject to ORS 192.324(5)(c); or

(e) The person requesting the records is indigent and the records effect the legal right of

a requester, including but not limited to, use in a hearing before any governmental

regulatory commission and subject to ORS 192.324(5)(d).

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 body’s 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 body’s 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

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) Upon compliance with subsection (7), the public body may establish fees reasonably

calculated to reimburse the public body for up to the public body’s actual cost to search,

duplicate, and review public records for the purpose of making them available upon request.

However, a public body may not establish a fee for providing a public record if the cost of

recovering the fee would exceed the fee itself.

Page 4 of 9

(b)(A) The fee components of searching, duplicating, and reviewing shall be itemized in

both a written fee estimate before any payment is requested and a written final statement

of fees that states the actual cost of completing the public records request;

(B) When calculating labor costs under subsection (4)(a), the estimated and final fee

statements shall express both the hourly wage and the number of hours charged to

complete a request;

than the hourly wage of its lowest-paid employee capable of searching for, duplicating, and

reviewing the public records in the particular instance regardless of whether that person is

available or who actually performs the labor. Labor costs under this subdivision shall be

estimated and charged in increments of 15 minutes or more, with all partial time

increments rounded down; and

(D) If a requestor has requested a fee waiver or reduction in the public interest and the

public body has determined that the requester is ineligible to have fees waived,

substantially reduced, or reduced subject to ORS 192.311(12) and subsection (5) of this

section, the public body shall inform the requestor specifically of the reason for ineligibility

in the public body's written fee statements.

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 the Secretary of State under ORS chapter 79 or ORS 80.100 to 80.130, 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 79 or ORS 80.100 to 80.130.

(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 as follows: for any reason it determines, including but not limited to: the cost of fee

collection would exceed the amount of the fee itself; a public body has established a policy for

routinely waiving or reducing fees; a requester demonstrates indigence; or a request is for records

that primarily concern the requester.

(a) If the custodian of a public record determines that disclosure is in the public interest because

making the record available primarily benefits the general public, the custodian shall furnish

copies to the requester without charge. The custodian of a public record may limit the portion of

fees waived if the custodian demonstrates that, in the particular instance, the public interest in

disclosure is partially or entirely outweighed by a severe impact on public services that will

be created by preparing the records for the requester.

(b) A request by a news media representative (as defined in Definitions, (4), above) shall be

assumed to be in the public interest unless the public body demonstrates that, in the particular

instance, it is not.

commercial entity shall not be considered to be in the public interest.

Page 5 of 9

(d) If the custodian of a public record determines that a request is not in the public interest, or

that the public interest is partially or entirely outweighed by a severe impact on public services

that will be created by preparing the records for the requester, the custodian shall provide the

reason for this determination to the requestor in writing.

(a) When a public records request is received by a representative of the news media or

news-media requester as defined in ORS 192.311(4), a public body shall waive or

substantially reduce the costs of completing the request, unless:

(A) Making a record available is not in the public interest because it does not primarily

benefit the general public, such as because a representative of the news media or news-

media requester requested the records for a commercial use; or

(B) Providing the records at no or substantially reduced cost substantially prejudices or

prevents the carrying out of the functions of the public body, so long as the public interest

in the efficient functioning of the public body clearly outweighs the public interest in

disclosure. If a public body makes such a determination, the public body shall furnish the

records at a reduced fee that balances the public interest in disclosure against the impact

on public services.

(b) For public records requests received other than those described in section (5)(a),

and for which the requester has requested a fee waiver or reduction in the public interest, a

public body shall waive or substantially reduce the costs of completing the request if the

public body determines the request is in the public interest as defined in ORS

192.311(12)(a)-(c) and the requester is be able to actually, meaningfully disseminate the

requested information to the general public, unless:

(A) Providing the records at no or substantially reduced cost substantially prejudices or

prevents the carrying out of the functions of the public body, so long as the public interest

in the efficient functioning of the public body clearly outweighs the public interest in

disclosure. If a public body makes such a determination, the public body shall furnish the

records at a reduced fee that balances the public interest in disclosure against the impact

on public services.

(e) When a public record’s requester is the subject of the record or the subject’s legal

guardian, the records shall be furnished without charge for the first $25.00 of the fee for

each request, which is in addition to any reduction or waiver of fees presently offered by

the public body, unless:

(A) The record requested is prepared under a statute or administrative rule specifically

authorizing the sale of the record to the public, or if the amount of the fee for providing a

copy of the public record is otherwise specifically provided by a statute or administrative

rule; or

(B) Waiving the first $25.00 of fees substantially prejudices or prevents the carrying out

of the functions of the public body, so long as the public interest in the efficient functioning

of the public body clearly outweighs the public interest in disclosure. If a public body

makes such a determination, the public body shall furnish the records at a reduced fee that

balances the public interest in disclosure against the impact on public services.

Page 6 of 9

(f) When the person requesting the records is indigent and the requested record effects

the legal right of a requester, the public body shall waive or substantially reduce the fees

for completing the request and subject to (5)(d)(B), unless:

(A) Providing the records at no or substantially reduced cost substantially prejudices or

prevents the carrying out of the functions of the public body, so long as the public interest

in the efficient functioning of the public body clearly outweighs the public interest in

disclosure. If a public body makes such a determination, the public body shall furnish the

records at a reduced fee that balances the public interest in disclosure against the impact

on public services.

(B) An individual who is entitled to records under section (5)(d), must submit an

affidavit at the time of their public records request, in response to the receipt of a fee

estimate, or at any time requested by a public body stating:

(i) That the individual is indigent and receiving specific public assistance or, if not

receiving public assistance, stating facts showing inability to pay the cost because of

indigency; and

(ii) The legal rights effected by the requested record.

(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. In determining whether there has been an unreasonable denial of a fee waiver or

fee reduction, the Attorney General or the district attorney shall consider, amongst other

relevant factors, whether providing the records at no or substantially reduced cost

substantially prejudices or prevents the carrying out of the functions of the public body, so

long as the public interest in the efficient functioning of the public body clearly outweighs

the public interest in disclosure. 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) A public body shall make available to the public by posting on a readily accessible

portion of its website or, if the public body does not have a website, in a publicly available

space if such a space is available, and made available upon request, 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.

(b) A public body that has not made its public records policy available in accordance

with subsection (7)(a) may not establish a fee for completing a public records request.

(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]

192.329 Public body’s response to public records request.

Page 7 of 9

(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 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;

(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 body’s

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 body’s response to the request. If the

public body has requested additional information or clarification in good faith, the public body’s

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)(i) To facilitate a requester’s reply to a public body’s request for additional

information or clarification, a requester may inquire about the way a public body

maintains, catalogs, or preserves its records. The public body shall in good faith provide

the requested information or inform the requester that it is declining to provide the

information. Providing requested information in good faith to a requester includes, but is

Page 8 of 9

not limited to, doing so for the purpose of expediting a request, assisting with narrowing a

request or to make it more concise, or to reduce the cost of completing the request; and

(b)(ii) A public body’s ability to suspend its completion of a request while waiting for

additional information or clarification from a requester shall not occur until it in good faith

either provides the information requested from a requester or declines to provide the

information. A public body may offer the type of information described in subjection (b)(i)

to a requester without a request for information from a requester at any point to improve

the public records request process.

structured data, a public body shall work in good faith with a requester to establish time

periods, key words, and search terms, and to share any non-exempt names of record

senders and recipients. For electronic records other than metadata, where a public body

has the appropriate search technology, the public body shall provide all available, non-

confidential metadata and field definition information upon the request of a requester to

better understand an electronic record, such as names, titles, field listings, definitions of

those fields, terms, headings, systems, processes, forms, and other information relevant to a

request.

(d) If the requester fails to respond within 60 days to a good faith request from the public

body for information or clarification and subject to subsections (4)(b) and (4)(c), 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 body’s ability to perform other

necessary services; or

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.

Page 9 of 9