Or. Admin. R. 603-001-0150 - Noncompliance with Requests

(1) If a request received by the department has been erroneously submitted, in that the department has no public records relating to the request, the request shall be returned to the requester with any information concerning the appropriate agency to be contacted.;

(2) If the department determines that all or any part of a public record should not be inspected or copied pursuant to a request, the department shall, within ten days of the receipt of such request, notify the requester of such fact, the public records or parts thereof that will not be disclosed, the reasons therefore, and the right of the requester to petition the Attorney General for review.

(3) In determining whether all or any part of a public record should not be inspected or copied pursuant to a request therefore, the department shall consider:

(a) Public record exemptions specified in ORS 192.500;

(b) Public record exemptions specified in applicable federal laws or regulations;

(c) Public record exemptions specified in other applicable Oregon law;

(d) Whether the requested public record is of a class of records that, by its very nature, either requires nondisclosure or disclosure considering confidentiality and feasibility factors; and

(e) Whether a partially exempt public record can be reasonably segregated so as to allow disclosure of an intelligible and undistorted portion of such record while preserving the confidentiality of the exempt portion of such record.

Notes

Or. Admin. R. 603-001-0150

AD 1114(35-76), f. & ef. 12-20-76; DOA 15-2005, f. 6-16-05, cert. ef. 6-30-05

Stat. Auth.: ORS 183 & 561

Stats. Implemented: ORS 192.440, 192.450, 561.040 & 561.260