Or. Admin. Code § 416-130-0060 - Charges
(1) OYA may charge
a requester for the cost of making the record available to the requester.
Charges for record review and copying are limited to the actual cost of making
the record available.
(2) "Actual
cost" may include a charge for the time spent in locating the requested
records, reviewing the records to redact exempt information, supervising a
person's inspection of original documents if the cost is greater than providing
a copy of the record, or copying records, including:
(a) The cost of current salaries, including
other payroll expenses, of staff given these duties;
(b) Cost per page for copies based on the
current state printing and distribution price list; and
(c) When an Attorney General's review of the
records is required by OYA, a charge will be made to cover the cost of that
service.
(3) OYA must
inform the requester of estimated charges and may require a deposit before
acting on the request, or may require prepayment of actual costs before making
the record available for inspection.
(a) If
the actual charges are less than the deposit or prepayment, any overpayment
will be promptly refunded. If actual charges exceed the deposit or estimate,
the additional charge may be recovered from the requester.
(b) The requester may ask OYA for a waiver of
the charges for the cost of making the record available and must explain why
allowing the waiver is in the public's interest. OYA must consider the
following when evaluating a request for a fee waiver:
(A) The public interest in the disclosure,
the impact on the welfare of the general public, and the requesters' ability to
disseminate the information;
(B)
Reasonableness of the request when considering such factors as the complexity
of the request, the need for redaction, the volume of records, and the extent
of time, expense, and interference with the business of the agency;
and
(C) Whether the individual,
private, or commercial interest is less than the public interest and is
unrelated to an administrative, judicial, or legal proceeding; or a commercial
interest.
(c) If OYA
denies the request for a waiver of all or part of the actual cost of providing
the record, the requester may petition the Attorney General for a review of the
denial of the waiver.
Notes
Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 192 & ORS 419A.255
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