Or. Admin. R. 137-079-0180 - Public Body Exemption Waiver
(1) A request for a waiver from the
requirements of the Program made by a public body may be for an individual
Program participant, for a class of Program participants or for all Program
participants. The request must be in writing and must contain:
(a) The information specified in ORS
192.836(3)(a)
and (b), including a description of the
specific record or records for which the exemption is requested and identifying
the individual(s) who will have access to the record; and
(b) A description of the alternatives to the
waiver the public body has considered and why those alternatives are not
feasible.
(2) When the
Program receives a request for a waiver, the Administrative Coordinator will
determine if the waiver request is complete. If the request is not in writing,
fails to include the required explanation or the affirmation or is otherwise
incomplete, the Administrative Coordinator will inform the public body
requestor of the incomplete submission within five (5) business days of
receiving the request, and no determination will be made until the request is
complete.
(3) When the Program
receives a complete request for a waiver, the Attorney General or designee
shall consider whether the public body submitting the request has demonstrated
its inability to meet its statutory or administrative obligations by possessing
or using the substitute address. The Attorney General or designee's acceptance
or denial of the request:
(a) Shall be
recorded pursuant to ORS
192.836(4);
(b) Shall specify the duration of the waiver,
if approved, which shall be based upon the reason or reasons for which the
waiver is approved; and
(c) Shall
be sent to the requestor within ten (10) business days of the date on which the
complete request was received.
Notes
Statutory/Other Authority: ORS 192.860, 2005 OL, Ch. 821 & SB 850
Statutes/Other Implemented: ORS 192.820-192.868, 2005 OL, Ch. 821 & SB 850
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