Or. Admin. Code § 123-021-3800 - Confidential Records

(1) The director or the director's designee shall provide nonexempt Program records for inspection in accordance with ORS Chapter 192.

(2) The person requesting inspection of the records may be charged in advance the Department's cost for locating, compiling, copying, and mailing the records. Such costs shall include but not be limited to costs incurred in locating records, separating exempt and nonexempt records, having a custodian present during the inspection, preparing lists of data, making photocopies, and delivering materials. Fees to be collected shall be set forth in the Department's schedule of fees and may be amended from time to time as the Department in its sole discretion may determine.

(3) Except as otherwise provided in ORS Chapter 192, records exempt from disclosure include, but are not limited to:

(a) Reports and analyses of reports obtained in confidence from creditors, employers, customers, suppliers, and others which bear on the Borrower's character, finances, management ability, and reliability and which were obtained from persons or firms not required by law to submit them;

(b) Tax returns, business records, employment history and other personal data submitted by or for Borrowers, or analysis of such data;

(c) Interdepartmental advisory memoranda developed prior to a loan insurance decision;

(d) Formulas, plans, designs and related information which constitute trade secrets under ORS Chapter 192;

(e) Financial statements of Borrowers, Principals, guarantors or affiliates of those parties relating to an insured loan;

(f) Customer lists;

(g) Information of a Borrower pertaining to litigation to which the Borrower is a party if the complaint has been filed, or if the complaint has not been filed, if the Borrower shows that such litigation is reasonably likely to occur. This exemption does not apply to litigation which has been concluded and nothing is this section shall limit any right or opportunity granted by discovery or deposition statutes to a party to litigation or potential litigation;

(h) Production, sales and cost data; and

(i) Marketing strategy information that relates to a Borrower's plan to address specific markets and Borrower's strategy regarding specific competitors.

Notes

Or. Admin. Code § 123-021-3800

EDD 5-1994(Temp), f. & cert. ef. 3-3-94; EDD 11-1994, f. & cert. ef. 7-29-94; EDD 24-2008, f. 7-31-08, cert. ef. 8-1-08; EDD 17-2009, f. 10-030-09, cert. ef. 11-1-09; OBDD 3-2023, renumbered from 123-021-0140, filed 01/18/2023, effective 1/18/2023; OBDD 4-2023, temporary amend filed 01/25/2023, effective 1/25/2023 through 7/23/2023; OBDD 27-2023, renumbered from 123-021-1700, filed 10/06/2023, effective 10/6/2023; OBDD 28-2023, temporary amend filed 10/13/2023, effective 10/13/2023 through 4/5/2024; OBDD 2-2024, amend filed 03/06/2024, effective 3/8/2024

Statutory/Other Authority: ORS 285A.075 & 285B.200 - 285B.218

Statutes/Other Implemented: ORS 192.430 & 285.035(5)