Or. Admin. Code § 123-630-0110 - Confidential Records
(1) Upon written
request and within a reasonable time, the Director or his designee shall
provide program records, for inspection in accordance with ORS Chapter 192.
(2) The person requesting records
will be charged for preparing and mailing such records. Costs may 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 telefaxing 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 may determine.
(3) Except as otherwise provided in ORS
192.410-192.595, records exempt from disclosure include but are not limited to:
(a) Reports and analyses of reports which
bear on the Applicant 's character, finances, management ability and
reliability, and which were obtained in confidence from persons or firms not
required by law to submit them and the Department has obliged itself in good
faith not to disclose the information;
(b) Financial statements, tax returns,
business records, employment history and other personal data submitted by or
for Applicants, or analysis of such data;
(c) Intra-departmental advisory memoranda
preliminary to a decision;
(d)
Formulas, plans, designs and related information that constitute trade secrets
under ORS 192;
(e) Personal
financial statement;
(f) Financial
statements of Applicants;
(g)
Customer lists;
(h) Information of
an Applicant pertaining to litigation to which the Applicant is a party if the
complaint has been filed, or if the complaint has not been filed, if the
Applicant shows that such litigation is reasonably likely to occur. This
exemption does not apply to conclude litigation and nothing in this section
shall limit any right or opportunity granted by law to a party involved in
litigation;
(i) Production, sales
or cost data; and
(j) Marketing
strategy information that relates to an Applicant 's plan to address specific
markets and Applicant 's strategy regarding specific competitors.
Notes
Stat. Auth.: ORS 285A.075, 192, 285C.656 & 315.526 - 315.536
Stats. Implemented: ORS 192, 285C.656 & 315.526 - 315.536
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