Title 192 · ORS Chapter 192
shall require a financial institution to inquire or determine that
Citation: ORS 192.607
Section: 192.607
192.607 shall require a financial institution to inquire or determine that those seeking disclosure have duly complied with the requirements set forth in ORS 192.583 to 192.607, provided only that the customer authorization, summons, subpoena or search warrant served upon or delivered to a financial institution pursuant to ORS 192.593, 192.596, 192.597 or 192.598 shows compliance on its face.
����� (2) A financial institution which in good faith reliance refuses to disclose financial records of a customer upon the prohibitions of ORS 192.583 to 192.607, shall not be liable to its customer, to a state or local agency, or to any person for any loss or damage caused in whole or in part by such refusal.
����� (3) Financial institutions shall not be required to notify their customers concerning the receipt by them of requests from state or local agencies for disclosures of financial records of such customers. However, except as otherwise provided in ORS 192.583 to 192.607, nothing in ORS 192.583 to 192.607 shall preclude financial institutions from giving such notice to customers. A court may order a financial institution to withhold notification to a customer of the receipt of a summons, subpoena or search warrant when the court finds that notice to the customer would impede the investigation being conducted by the state or local agency.
����� (4) Financial institutions that participate in a trust account overdraft notification program established under ORS 9.685 are not liable to a lawyer or law firm on the attorney trust account, to a beneficiary of the trust account or to the Oregon State Bar for loss or damage caused in whole or in part by that participation or arising in any way out of that participation.
����� (5) A financial institution shall not be liable to any person for any loss, damage or injury arising out of or in any way pertaining to the release of information pursuant to ORS 192.586 (2)(a). [Formerly 192.575; 2012 c.70 ��10b,27; 2013 c.352 �3]
����� 192.602 Time for compliance; reimbursement; exceptions. (1)(a) A financial institution shall have a reasonable period of time in which to comply with any proper customer authorization, summons, subpoena or search warrant permitting or seeking disclosure of financial records. Except as provided in paragraphs (b) and (c) of this subsection, a �reasonable period of time� shall in no case be less than 10 days from the date upon which the financial institution receives or is served with a customer authorization, summons, subpoena or search warrant.
����� (b) When disclosure is sought under ORS 192.596, the reasonable period of time shall be not less than 20 days.
����� (c) When disclosure is sought under ORS 192.597, the reasonable period of time shall be that period of time required by the circumstances but in no case more than 10 days from the date upon which the financial institution receives or is served with a subpoena under ORS 192.597.
����� (2) Before making disclosures, a financial institution may require that the requesting state or local agency reimburse the financial institution for the reasonable costs incurred by the financial institution in the course of compliance. These costs include, but are not limited to, personnel costs, reproduction costs and travel expenses. The following charges shall be considered reasonable costs:
����� (a) Personnel costs, $30 per hour per person, computed on the basis of $7.50 per quarter hour or fraction thereof, for time expended by personnel of the financial institution in searching, locating, retrieving, copying and transporting or conveying the requested material to the place of examination.
����� (b) Reproduction costs, $1 per page, including copies produced by reader and printer reproduction processes. Photographs, films and other materials shall be reimbursed at actual costs.
����� (c) Travel expenses, 50 cents per mile, plus other actual costs, necessary to transport personnel to locate and retrieve the information required or requested and to convey the required or requested material to the place of examination.
����� (3) The provisions of subsection (2) of this section do not apply in the case of records subpoenaed by a prosecuting attorney as evidence of the crimes of negotiating a bad check under ORS 165.065, forgery under ORS 165.007 and