192.496] ����� Note: 192.398 was added to and made a part of 192.311 to 192.478 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for fu

192.496]

����� Note: 192.398 was added to and made a part of 192.311 to 192.478 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

����� 192.401 Records of health professional regulatory boards, Health Licensing Office. (1)(a) A person denied the right to inspect or to receive a copy of a public record of a health professional regulatory board, as defined in ORS 676.160, that contains information concerning a licensee or applicant, and petitioning the Attorney General to review the public record shall, on or before the date of filing the petition with the Attorney General, send a copy of the petition by first class mail to the health professional regulatory board. Not more than 48 hours after the board receives a copy of the petition, the board shall send a copy of the petition by first class mail to the licensee or applicant who is the subject of a public record for which disclosure is sought. When sending a copy of the petition to the licensee or applicant, the board shall include a notice informing the licensee or applicant that a written response by the licensee or applicant may be filed with the Attorney General not later than seven days after the date that the notice was sent by the board. Immediately upon receipt of any written response from the licensee or applicant, the Attorney General shall send a copy of the response to the petitioner by first class mail.

����� (b) A person denied the right to inspect or to receive a copy of a public record of the Health Licensing Office that contains information concerning an individual who holds, or an applicant for, an authorization to practice a profession to which ORS 676.595 applies, and petitioning the Attorney General to review the public record shall, on or before the date of filing the petition with the Attorney General, send a copy of the petition by first class mail to the office. Not more than 48 hours after the office receives a copy of the petition, the office shall send a copy of the petition by first class mail to the holder of the authorization or the applicant who is the subject of a public record for which disclosure is sought. When sending a copy of the petition to the holder of the authorization or the applicant, the office shall include a notice informing the holder of the authorization or the applicant that a written response by the holder of the authorization or the applicant may be filed with the Attorney General not later than seven days after the date that the notice was sent by the office. Immediately upon receipt of any written response from the holder of the authorization or the applicant, the Attorney General shall send a copy of the response to the petitioner by first class mail.

����� (2)(a) The person seeking disclosure of a public record of a health professional regulatory board, as defined in ORS 676.160, that is confidential or exempt from disclosure under ORS 676.165 or 676.175 shall have the burden of demonstrating to the Attorney General by clear and convincing evidence that the public interest in disclosure outweighs other interests in nondisclosure, including but not limited to the public interest in nondisclosure. The Attorney General shall issue an order denying or granting the petition, or denying or granting it in part, not later than the 15th day following the day that the Attorney General receives the petition. A copy of the Attorney General�s order granting a petition or part of a petition shall be served by first class mail on the health professional regulatory board, the petitioner and the licensee or applicant who is the subject of a public record ordered to be disclosed. The health professional regulatory board shall not disclose a public record prior to the seventh day following the service of the Attorney General�s order on a licensee or applicant entitled to receive notice under this paragraph.

����� (b) The person seeking disclosure of a public record of the Health Licensing Office that is confidential or exempt from disclosure as described in ORS 676.595 shall have the burden of demonstrating to the Attorney General by clear and convincing evidence that the public interest in disclosure outweighs other interests in nondisclosure, including but not limited to the public interest in nondisclosure. The Attorney General shall issue an order denying or granting the petition, or denying or granting the petition in part, not later than the 15th day following the day that the Attorney General receives the petition. A copy of the Attorney General�s order granting a petition or part of a petition shall be served by first class mail on the office, the petitioner and the holder of the authorization or the applicant who is the subject of a public record ordered to be disclosed. The office shall not disclose a public record prior to the seventh day following the service of the Attorney General�s order on a holder of an authorization or an applicant entitled to receive notice under this paragraph.

����� (3)(a) If the Attorney General grants or denies the petition for a public record of a health professional regulatory board, as defined in ORS 676.160, that contains information concerning a licensee or applicant, the board, a person denied the right to inspect or receive a copy of the public record or the licensee or applicant who is the subject of the public record may institute proceedings for injunctive or declaratory relief in the circuit court for the county where the public record is held. The party seeking disclosure of the public record shall have the burden of demonstrating by clear and convincing evidence that the public interest in disclosure outweighs other interests in nondisclosure, including but not limited to the public interest in nondisclosure.

����� (b) If the Attorney General grants or denies the petition for a public record of the Health Licensing Office that contains information concerning a holder of an authorization to practice a profession or an applicant, the office, a person denied the right to inspect or receive a copy of the public record or the holder of the authorization or the applicant who is the subject of the public record may institute proceedings for injunctive or declaratory relief in the circuit court for the county where the public record is held. The party seeking disclosure of the public record shall have the burden of demonstrating by clear and convincing evidence that the public interest in disclosure outweighs other interests in nondisclosure, including but not limited to the public interest in nondisclosure.

����� (4) The Attorney General may comply with a request of a health professional regulatory board or the Health Licensing Office to be represented by independent counsel in any proceeding under subsection (3) of this section. [Formerly subsections (4) to (7) of 192.450]

����� 192.405 [2011 c.485 �1; renumbered 192.385 in 2017]

(Appeals)

����� 192.407 When petition for review of public records request allowed; order granting petition; penalty. (1) A person who has submitted a written public records request in compliance with a public body�s policy may seek review of the following, in the same manner as a person petitions when inspection of a public record is denied under ORS 192.311 to 192.478:

����� (a) The failure of a public body to provide the response required by ORS 192.329 within the prescribed period. A failure of the public body to timely respond shall be treated as a denial of the request unless the public body demonstrates that compliance was not required under ORS 192.329.

����� (b) An estimate of time provided by a public body pursuant to ORS 192.329, if the person believes that the estimated time frame for the response is unreasonably long and will result in undue delay of disclosure.

����� (c) Any other instance in which the person believes that the public body has failed to comply with ORS 192.329.

����� (2) Except as provided in subsection (3) of this section, the Attorney General, the district attorney and the court have the same authority with respect to petitions under this section as when inspection of a public record is denied.

����� (3) If the Attorney General, the district attorney or a court grants a petition filed under this section, the order granting the petition:

����� (a) May require disclosure of nonexempt material responsive to the request within seven days, or within any other period that the Attorney General, district attorney or court concludes is appropriate to comply with ORS 192.329;

����� (b) May require the public body to pay a penalty of $200 to the requester if the Attorney General, district attorney or court determines that the public body responded to the request with undue delay or failed to respond to the request; and

����� (c) May order a fee waiver or a fee reduction if a public body has responded to the request with undue delay or has failed to respond to the request in the time and manner prescribed in ORS 192.329. Nothing in this subsection prohibits a reviewing body from finding an unreasonable denial of a fee waiver or a fee reduction on other grounds.

����� (4) Nothing in this section limits the authority of a court to act under ORS 192.431. [2017 c.456 �5; 2019 c.205 �1]

����� Note: 192.407 was added to and made a part of 192.311 to 192.478 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

����� 192.410 [1973 c.794 �2; 1989 c.377 �1; 1993 c.787 �4; 2001 c.237 �1; 2005 c.659 �4; 2017 c.456 �2; renumbered 192.311 in 2017]

����� 192.411 Petition to review denial of right to inspect state public record; appeal from decision of Attorney General denying inspection. (1) Subject to ORS 192.401 (1) and