Or. Admin. R. 177-010-0100 - Requests and Fees for Copies of Public Records

(1) Procedure: Any person may request to inspect or obtain a copy of a "public record" (as defined in ORS 192.410(4)) which is in the custody of the Lottery.

(2) Reasonable Access: The Lottery will allow reasonable access to any public record in its custody during the Lottery's regular business hours, unless the record is exempt from disclosure. The Lottery may determine the time and manner of inspection or copying to protect the public record and to prevent interference with the regular activities of the Lottery and its employees. The Lottery will determine reasonable access by taking into account the necessity to maintain the fairness, integrity, security, and honesty of the Lottery.

(3) Requests: Any member of the public may request a public record verbally, in writing, or by submitting the request on a Lottery-provided form. Each request must include:

(a) The requestor's contact information;

(b) The identification, description, or type of public record requested; and

(c) The format requested (but the Lottery is not obligated to produce a record in a format other than as it is maintained by the Lottery).

(4) Processing Requests: The Lottery will generally acknowledge receipt of a public records request within two business days. The Lottery may contact the requestor to discuss the parameters of the request and may provide an expected timeframe for completion of the request. Involved or complicated public records requests involving electronic records searches will require more response time than routine requests. The Lottery will normally process requests in the order received. The Lottery may advise the requestor whether a record may be disclosed, the date, time, and place the requestor may inspect the record or obtain a copy, and the estimated cost of inspection, copying, and other fees described in this rule. If the requested record contains information exempt from disclosure, the Lottery will provide the requestor with a copy of the record with the exempt information redacted, if it is reasonably possible to do so. If it is not reasonably possible to redact the exempt information, the Lottery will not make the record available.

(5) Fees - General: Unless otherwise provided herein or by law, the Lottery shall charge a fee, in accordance with ORS 192.440, reasonably calculated to reimburse the Lottery for its actual costs of providing a copy of a public record or furnishing a reasonable opportunity to inspect the record.

(a) Fees - Paper Records: The Lottery will charge $.05 a page for photocopies.

(b) Staff Time Charges: The Lottery will charge a fee for the staff time used to respond to public records requests.

(A) Lottery Staff: The Lottery will charge the hourly rate of the staff member or members who respond to the request.

(B) Oregon Attorney General Staff: If the Lottery uses the services of the Oregon Attorney General's Office to review the public records, redact material, or segregate the public records into exempt and non-exempt records, the Lottery may bill the actual costs to the requestor. The Lottery will not include the costs for time spent by the Attorney General's staff in determining the application of the provisions of ORS 192.410 to 192.505 to a request for public records.

(C) Outside Contractors: If the Lottery uses the services of an outside facility or contractor to respond to a public records request, the actual costs incurred by the Lottery will be included in the Lottery's estimate.

(c) Mailing or Shipping Costs: The Lottery may charge a requestor the actual postage or freight costs for mailing or shipping a copy of a record to the requestor, including, but not limited to, any special charges such as certified mail, express mail, or restricted delivery. The Lottery shall determine the manner of shipment.

(d) Certification Costs: Upon request, the Lottery shall provide a certified copy of a public record at an additional cost of $5.00 for each certification. Certified copy means a copy that is certified by the Lottery to be a true and accurate copy of the public record requested.

(e) ADA Format: The Lottery will not charge any extra fee for providing records in an alternative format when required under the Americans with Disabilities Act.

(6) Costs and Estimates:

(a) Notification of Costs: If the actual or estimated costs to make the requested records available exceeds $500, the Lottery will provide the requestor with a written notification of the actual or estimated costs.

(b) Estimates: If the request requires researching archived records and reviewing or redacting information, the Lottery will estimate the costs and will provide a written notification of that information to the requestor.

(c) Payment: The Lottery requires that all fees and charges, whether actual or estimated be paid before it will search its records, prepare copies, and make the requested records available. The requestor must pay the amount in advance to the Oregon State Lottery. If the total actual costs exceed the estimate, the requestor must pay the total actual costs before the Lottery will release the records. If the total actual cost is less than the estimate, the Lottery will refund the overcharge to the requestor. The Lottery will not refund amounts less than $1.

(d) Requests by Current Lottery Retailers: With the written or electronic authorization of a Lottery retailer, the Lottery may bill the retailer the cost of fulfilling a public records request made by the retailer through the retailer's electronic funds transfer bank account established for Lottery funds. Such amounts will be deducted from the account during the next regularly scheduled electronic debit of the retailer's account or anytime thereafter.

(7) Waiver of Fees: The Lottery may waive fees for a public records request under the following circumstances:

(a) Amounts under $500: The Lottery will not charge a fee if the actual cost of providing the records is $500 or less. The Lottery will charge a fee equal to the total actual cost of providing the records when the actual cost of providing the records is more than $500. If the estimated cost provided to a requestor was less than $500, but the actual cost exceeds $500, Lottery will notify the requestor when the actual cost reaches $500, provide a new estimate of the cost to fulfill the request, and offer the requestor the option of providing only the records that actually cost less than $500 to produce, or the option of continuing to fulfill the request after payment from the requestor of the actual cost to fulfill the request.

(b) News Media and Non-Profit Organizations: The Lottery will not charge a fee to members of the news media or non-profit organizations when the request is made in the public's interest.

Notes

Or. Admin. R. 177-010-0100

LC 6-1994, f. 7-22-94, cert. ef. 8-1-94; LOTT 2-1998, f. & cert. ef. 5-28-98; LOTT 10-2002(Temp), f. 9-6-02, cert. ef. 9-9-02 thru 3-6-03; LOTT 21-2002, f. & cert. ef. 11-25-02; LOTT 2-2006, f. 2-16-06, cert. ef. 3-1-06; LOTT 2-2017, f. 3-17-17, cert. ef. 4/1/2017

Stat. Auth.: OR Const. Art. XV, Sec. 4(4)

Stats. Implemented: ORS 192.440