Or. Admin. Code § 731-001-0025 - Public Records Request Requirements and Fees
(1) The Oregon Department of Transportation
will disclose all information in its custody unless such information is exempt
from disclosure under Chapter 192 of the Oregon Revised Statutes.
(2) As used in this rule, the term "public
record" is defined in ORS
192.311(5)(a).
(3) Persons wishing to request public records
from the Department shall:
(a) Establish a
customer account using the Department's public records portal found online at
https://www.oregon.gov/ODOT/Get-Involved/Pages/Public-Records.aspx
and submit their request online; or
(b) Make their request in writing and either
mail or hand deliver a written request to PRR Coordinator MS 11, 355 Capitol
Street NE, Salem OR 97301.
(4) At a minimum the request must:
(a) Include name and address of the person
requesting the public record;
(b)
Include the requester's email address and telephone number; and
(c) Adequately describe the record(s)
requested, including subject matter.
(5) Within five business days the Department
will acknowledge receipt of a request and state:
(a) Whether the Department believes it has
responsive records;
(b) The
estimated number of days necessary to provide any responsive records;
and
(c) A cost estimate to comply
with the request, when applicable.
(6) The Department adopts DAS statewide
policy 107-001-030 (dated 2-15-17) to calculate fees and to determine whether a
request for a fee waiver or reduction meets the public interest
thresholds.
(7) Pre-payment of any
fees associated with a request may be required by the Department before work
begins or, if work has begun, before records are released. The Department shall
close any public records request if a requester fails to pay the actual,
estimated or reduced fee within 60 days of the date on which the Department
informed the requester of the requirement for pre-payment of fees.
(8) Fee waivers or reductions. A request to
waive or reduce fees must be submitted along with the request on a separate
form provided online by the Department at
https://www.oregon.gov/ODOT/Get-Involved/Pages/Public-Records.aspx
or mailed along with the request as described in section (3).
(9) Within ten business days after the
acknowledgement period or receipt of the estimated fees, when applicable, or
upon granting a fee waiver, the Department shall complete the public records
request or provide a written statement that the Department is processing the
request and a reasonable estimated date by which the Department expects to
complete its response based on the information currently available, except as
provided in section (10).
(10)
Where the time periods in section (5) and section (9) would be impracticable,
the Department shall acknowledge a public records request and complete the
response to the request as soon as practicable and without unreasonable delay.
The time periods in sections (5) and (9) are impracticable when:
(a) The staff necessary to complete a
response to the public records request are on leave or are not scheduled to
work; or
(b) Compliance would
demonstratively impede the Department's ability to perform other necessary
services; or
(c) The volume of
public records requests being simultaneously processed by the Department makes
it impracticable.
(11)
Electronic Records. Copies of requested electronic records may be provided in
the format or manner maintained by the Department. The Department will perform
all downloading, reproducing, formatting and manipulating of records.
(12) A requester who believes there has been
an unreasonable delay or denial of access to a public record, or unreasonable
denial of a fee waiver or fee reduction may petition the Attorney General to
review the record to determine if the agency acted appropriately. Petitions may
be filed online at
https://www.doj.state.or.us/oregon-department-of-justice/public-records/petition-for-public-records-order/.
(13) Provisions in this rule do not apply to
records held by the Driver and Motor Vehicle Services Division of the
Department of Transportation. DMV public records rules are in OAR chapter 735,
division 10.
Notes
Statutory/Other Authority: ORS 184.619 & 192.318
Statutes/Other Implemented: ORS 192.314 - 192.338
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