Title 192 · ORS Chapter 192

to 192.760. [2013 c.221 �7]

Citation: ORS 192.715

Section: 192.715

192.715 to 192.760. [2013 c.221 �7]

����� Note: See note under 192.715.

����� 192.755 Uniform construction. In applying and construing ORS 192.715 to 192.760, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. [2013 c.221 �8]

����� Note: See note under 192.715.

����� 192.760 Relationship of ORS 192.715 to 192.760 to federal law. ORS 192.715 to 192.760 modify, limit, and supersede the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7001 et seq., but do not modify, limit or supersede section 101(c) of that Act, 15 U.S.C. 7001(c), or authorize electronic delivery of any of the notices described in section 103(b) of that Act, 15 U.S.C. 7003(b). [2013 c.221 �9]

����� Note: See note under 192.715.

FINANCIAL INSTITUTION

RECORD DISCLOSURES

����� 192.800 Definitions for ORS 192.800 to 192.810. As used in this section and ORS 192.805 and 192.810:

����� (1) �Customer� means any person who or which is transacting or has transacted business with a financial institution, or who or which is using or has used the services of such an institution, or for whom or which a financial institution has acted or is acting as a fiduciary.

����� (2) �Financial institution� means a financial institution or a trust company, as those terms are defined in ORS 706.008.

����� (3) �Financial records� means any original written or electronic document, any copy of the document, or any information contained in the document, held by or in the custody of a financial institution, when the document, copy or information is identifiable as pertaining to one or more customers of the financial institution.

����� (4) �Subpoena� means a judicial subpoena or subpoena duces tecum. [1985 c.797 �1; 1997 c.631 �423; 2005 c.130 �3]

����� 192.805 Reimbursement required prior to disclosure; charges. Before producing any documents or making any disclosures, a financial institution may require the requesting person who caused the subpoena to be issued to reimburse the financial institution for the reasonable costs incurred by the financial institution in the course of compliance. These costs shall include but are not limited to personnel costs, reproduction costs and travel expenses. The following charges shall be considered reasonable costs:

����� (1) 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.

����� (2) Reproduction costs, $1 per page, including copies produced by reader and printer reproduction processes. Photographs, films and other materials shall be reimbursed at actual cost.

����� (3) 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. [1985 c.797 �2; 1989 c.309 �1; 2001 c.247 �2]

����� 192.810 Applicability of ORS 192.805. ORS 192.805 does not apply to any subpoena issued by or on behalf of a state agency or local agency subject to the provisions of ORS 192.583 to 192.607, or if the financial institution is a named party to litigation that is the basis for issuance of the subpoena. [1985 c.797 �3; 1989 c.309 �2]

ADDRESS CONFIDENTIALITY PROGRAM

����� 192.820 Definitions for ORS 192.820 to 192.868. As used in ORS 192.820 to 192.868:

����� (1) �Actual address� means:

����� (a) A residential, work or school street address of an individual specified on the application of the individual to be a program participant; or

����� (b) The name of the county in which the program participant resides or the name or number of the election precinct in which the program participant is registered to vote.

����� (2) �Address Confidentiality Program� means the program established under ORS 192.822.

����� (3) �Application assistant� means an employee of or a volunteer serving a public or private entity designated by the Attorney General under ORS 192.854 to assist individuals with applications to participate in the Address Confidentiality Program.

����� (4) �Health care provider� means an individual who is authorized in this state to provide physical and behavioral health care services and who provides reproductive and gender-affirming health care services.

����� (5) �Program participant� means an individual accepted into the Address Confidentiality Program under ORS 192.820 to 192.868.

����� (6) �Public body� has the meaning given that term in ORS 174.109.

����� (7) �Public record� has the meaning given that term in ORS 192.311.

����� (8) �Substitute address� means an address designated by the Attorney General under the Address Confidentiality Program.

����� (9) �Victim of a sexual offense� means:

����� (a) An individual against whom a sexual offense has been committed, as described in ORS 163.305 to 163.467, 163.427, 163.466 or 163.525; or

����� (b) Any other individual designated by the Attorney General by rule.

����� (10) �Victim of bias� means:

����� (a) An individual against whom a bias crime or bias incident, as those terms are defined in ORS