Or. Admin. Code § 416-130-0010 - Access and Response
OYA complies with all federal and state laws and rules concerning disclosure of public records.
(1) OYA must respond to written requests to
view or obtain copies of public records as soon as possible and without
unreasonable delay. The response will acknowledge receipt of the request and
the status of its response, as required by Oregon laws.
(2) A written procedure for making public
record requests is available on the OYA website, and may be provided upon
request.
(3) OYA must notify the
requester of any fees needed to complete the request as described in OAR
416-130-0060.
(4) OYA may request
additional information from a requester to expedite the response to the
request, and may suspend its response until the additional information is
provided. If the requester fails to respond to OYA's request for additional
information within 60 days, OYA may close the requester's request.
(5) If the public record is maintained in a
machine readable or electronic form, OYA must provide copies of the public
record in the form requested, if available. If the public record is not
available in the form requested, it may be made available in the form in which
it is maintained.
(6) Upon request
of a person with a disability for public records otherwise available to the
requester under these rules, OYA will consult with the person about making the
requested records available in alternative format at no additional cost to the
person.
(7) If a requester would
like to inspect a public record, OYA and the requester must agree on a
reasonable date and time the records may be inspected. Inspection must be done
as described in OAR 416-130-0050.Fees for redaction will apply to the cost to
inspect a record. If the cost is less to release than allow inspection, the
least expensive option will be pursued.
(8) OYA must follow federal and state laws
regarding exemptions from public disclosure, and will notify a requester in
writing when requested public records are exempt from disclosure.
(9) Appeal
(a) A person denied access to OYA public
records may appeal the decision within seven days of receipt of the denial by
writing to the OYA employee who sent the denial notice, and stating that an
appeal is being requested.
(b) A
person denied access to OYA public records after completing an appeal described
in OAR 416-130-0010(5)(a) may petition the Attorney General's office to review
the public record to determine if it may be withheld from public inspection.
The petition must be submitted in the manner prescribed by the Attorney
General's office.
Notes
Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 192 & ORS 419A.255
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