Or. Admin. Code § 839-003-0080 - Access to Records in Investigative Files

(1) Investigatory information relating to any complaint filed under ORS 659A.820 or 659A.825, until such time as the complaint is resolved under ORS 659A.835, or a final order is issued under ORS 659A.850, is exempt from disclosure under Oregon Public Records Law (ORS 192.410 to 192.505) unless the public interest requires disclosure in the particular instance, as determined by the division.

(2) Section (1) of this rule applies to all records in the investigative file of a complaint other than the complaint document.

(3) Notwithstanding sections (1) and (2) of this rule, [However,] an aggrieved person, respondent or witness interviewed by the division may request a copy of the summary report of the individual's own interview, and may request to inspect or receive copies of records that the individual has given to the division.

(4) After a complaint is closed, any person may request to inspect or obtain a copy of the file as provided under Oregon Public Records Law by following the procedures set out by the division in the case closing letter, or by following the procedures for requesting public records as set out on the Bureau of Labor and Industries's web site at http://www.oregon.gov/boli/Pages/Public-Records-Requests/Landing.aspx.

(5) The division will not disclose information prohibited from disclosure by ORS 659A.840(6) or by any other state or federal law or under any contractual agreement between the bureau and federal, state and local agencies.

(6) An aggrieved person's or respondent's designation of information as confidential will not supersede the Oregon Public Records Law.

Notes

Or. Admin. Code § 839-003-0080

BL 7-1981, f. & ef. 6-25-81; BL 10-1984(Temp), f. & ef. 9-6-84; BL 4-1996, f. & cert. ef. 3-12-96; BLI 11-2000, f. & cert. ef. 3-24-00; BLI 10-2002, f. & cert. ef. 5-17-02; BLI 36-2007 f. 12-27-07 cert. ef. 1-1-08; BLI 7-2008(Temp), f. 3-20-08, cert. ef. 3-25-08 thru 9-21-08; Administrative correction 10-21-08; BLI 40-2008(Temp), f. 11-10-08, cert. ef. 11-12-08 thru 5-1-09; BLI 43-2008, f. 12-3-08, cert. ef. 12-5-08; BLI 9-2015, f. & cert. ef. 6/29/2015

Stat. Auth.: ORS 659A.805

Stats. Implemented: ORS 192.440(3) & 192.501(8)