Title 192 · ORS Chapter 192

192.730, 192.740 and 192.745. [2013 c.221 �2] ����� Note: See note under 192.715. ����� 192.730 Authentication of electronic official record. An official publisher of legal material in an elec

Citation: ORS 192.730

Section: 192.730

192.730, 192.740 and 192.745. [2013 c.221 �2]

����� Note: See note under 192.715.

����� 192.730 Authentication of electronic official record. An official publisher of legal material in an electronic record that is designated as official under ORS 192.725 shall authenticate the record. To authenticate an electronic record, the publisher shall provide a method for a user to determine that the record received by the user from the publisher is unaltered from the official record published by the publisher. [2013 c.221 �3]

����� Note: See note under 192.715.

����� 192.735 Evidentiary rules concerning authenticated electronic record. (1) Legal material in an electronic record that is authenticated under ORS 192.730 is presumed to be an accurate copy of the legal material.

����� (2) If another state has adopted a law substantially similar to ORS 192.715 to 192.760, legal material in an electronic record that is designated as official and authenticated by the official publisher in that state is presumed to be an accurate copy of the legal material.

����� (3) A party contesting the authentication of legal material in an electronic record authenticated under ORS 192.730 has the burden of proving by a preponderance of the evidence that the record is not authentic. [2013 c.221 �4]

����� Note: See note under 192.715.

����� 192.740 Preservation and security of electronic official record. (1) An official publisher of legal material in an electronic record that is or was designated as official under ORS 192.725 shall provide for the preservation and security of the record in an electronic form or a form that is not electronic.

����� (2) If legal material is preserved under subsection (1) of this section in an electronic record, the official publisher shall:

����� (a) Ensure the integrity of the record;

����� (b) Provide for backup and disaster recovery of the record; and

����� (c) Ensure the continuing usability of the material. [2013 c.221 �5]

����� Note: See note under 192.715.

����� 192.745 Availability for public use. An official publisher of legal material in an electronic record that is required to be preserved under ORS 192.740 shall ensure that the material is reasonably available for use by the public on a permanent basis. [2013 c.221 �6]

����� Note: See note under 192.715.

����� 192.750 Implementation; considerations. In implementing ORS 192.715 to 192.760, an official publisher of legal material in an electronic record shall consider:

����� (1) Standards and practices of other jurisdictions;

����� (2) The most recent standards regarding authentication of, preservation and security of, and public access to, legal material in an electronic record and other electronic records, as promulgated by national standard-setting bodies;

����� (3) The needs of users of legal material in an electronic record;

����� (4) The views of governmental officials and entities and other interested persons; and

����� (5) To the extent practicable, methods and technologies for the authentication of, preservation and security of and public access to legal material which are compatible with the methods and technologies used by other official publishers in this state and in other states that have adopted a law substantially similar to ORS