Or. Admin. Code § 340-011-0330 - Requests for Review or to Obtain Copies of Public Records
(1) The right to
review records includes the right to review the original record where
practicable. It does not provide the right to the requestor to locate the
record himself or to review the original record when it contains exempt
material.
(2) Request to review or
copy public records should be made to, and will be handled by, the appropriate
DEQ staff maintaining the records requested. For questions, contact DEQ's
general information number listed in the phone book and website at
www.oregon.gov/deq [File Link Not Available].
(3) Requests for DEQ records should be as
specific as possible, including type of record, subject matter, approximate
record date, and relevant names of parties. Whenever possible, the request
should include the site location or county of the facility if known. If the
request is unclear or overly burdensome, DEQ may request further clarification
of the request. If DEQ cannot identify specific records responsive to a record
request, DEQ may provide general files or distinct sections of records that are
likely to contain the requested records.
(4) Requests to either review or obtain
copies of records may be made in writing, by telephone or in-person. DEQ may
require a request to be made in writing if needed for clarification or
specification of the record request.
(a) Each
DEQ office will establish daily hours during which the public may review DEQ's
records. The hours maintained in each office will be determined by staff and
equipment available to accommodate record review and reproduction.
(b) Pursuant to ORS
192.430(1) and
this rule, each DEQ office shall designate and provide a supervised space, if
available, for viewing records. This space will accommodate at least one
reviewer at a time.
(c) DEQ
accommodates public records requests from persons with disabilities in
accordance with the Americans with Disabilities Act.
(d) DEQ's ability to accommodate in-person
requests may be limited by staff and equipment availability. Additionally prior
to making records available for public review, DEQ will ascertain whether the
record requested is exempt from public disclosure under ORS chapter 192 and
other applicable law.
(5) Time to provide requested records: DEQ
will respond to a record request as quickly as reasonable. This time frame will
vary depending on the volume of records requested, staff availability to
respond to the record request, the difficulty in determining whether any of the
records are exempt from disclosure, and the necessity of consulting with legal
counsel. If DEQ determines that it will require more than 30 days to respond to
a record request, it will inform the requestor of the estimated time necessary
to comply with the record request.
Notes
Stat. Auth.: ORS 192.410 - 192.505 & 468.020
Stats. Implemented: ORS 192.420 & 192.430
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