357.090. [1991 c.842 �3; 1995 c.69 �10; 2003 c.794 �212] ����� Note: See note under 192.230. ����� 192.243 Availability of report on Internet; rules. (1) In accordance with rules adopted by th

357.090. [1991 c.842 �3; 1995 c.69 �10; 2003 c.794 �212]

����� Note: See note under 192.230.

����� 192.243 Availability of report on Internet; rules. (1) In accordance with rules adopted by the Oregon Department of Administrative Services and to reduce the amount of paper used by state agencies, by June 30, 2005, each state agency shall make available on the Internet any report that the state agency is required by law to publish. If a statute or rule requires a state agency to issue a printed report, that requirement is satisfied if the state agency makes the report available on the Internet. A state agency may issue printed copies of a report upon request.

����� (2) The Oregon Department of Administrative Services shall adopt rules in accordance with subsection (1) of this section requiring each state agency to make available on the Internet any report that the state agency is required by law to publish.

����� (3) This section may not be construed to require the disclosure of a public record that is exempt from disclosure under ORS 192.311 to 192.478 or other law. [2001 c.153 �3]

����� Note: See note under 192.230.

����� 192.245 Form of report to legislature. (1) Whenever a law of this state requires a written report be submitted to the Legislative Assembly, the requirement shall be met by distribution of an executive summary of no more than two pages sent to every member of the Legislative Assembly by electronic mail and one copy of the report to the Legislative Administrator. This requirement does not preclude providing a copy of any report to a specific legislative committee if required by law. The requirements of this subsection are not met if the executive summary is distributed to members of the Legislative Assembly in paper format.

����� (2) The executive summary described in subsection (1) of this section shall include an explanation of how a member of the Legislative Assembly may obtain a copy of the report. If the report is also available on the Internet, the executive summary shall include the online location of the report.

����� (3) Notwithstanding subsection (1) of this section, if a member of the Legislative Assembly requests a paper copy of a report or executive summary, the agency or other entity responsible for submitting the report or executive summary to the Legislative Assembly shall supply a paper copy of the report or executive summary to the member. [1991 c.842 �4; 2009 c.416 �1; 2011 c.380 �1]

����� Note: See note under 192.230.

����� 192.250 Director of Oregon Department of Administrative Services to report to legislature on ORS 192.230 to 192.250. The Director of the Oregon Department of Administrative Services shall report to the Legislative Assembly by appearing at least once during each biennium before the appropriate interim committees designated by the Speaker of the House of Representatives and the President of the Senate. The director shall testify as to the effectiveness of ORS 171.206, 192.230 to 192.250 and 292.956, including any cost savings realized or projected and any recommendations for further legislative action. [1991 c.842 �5; 2003 c.803 �4]

����� Note: See note under 192.230.

(Distribution)

����� 192.270 Definitions for ORS 192.270 and 192.275. As used in ORS 192.270 and 192.275:

����� (1) �Public� does not include any state officer or board, commission, committee, department, institution, branch or agency of state government to which a report is specifically required by law to be submitted but does include any such to which a copy is sent for general informational purposes or as a courtesy.

����� (2) �Report� means informational matter published as a report or other document by a state agency but does not include an order as defined in ORS 183.310.

����� (3) �State agency� means any state officer or board, commission, department, institution or agency of the executive, administrative or legislative branches of state government. [1993 c.181 �1]

����� Note: 192.270 and 192.275 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 192 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

����� 192.275 Notice when report required; content; effect. Notwithstanding ORS 192.230 to 192.245, if any state or federal law requires a state agency to send, mail or submit a report to the public, the state agency may meet this requirement by mailing notice of the report to the public. The notice shall state that if the recipient returns an attached or enclosed postcard to the state agency, the state agency will supply a copy of the report. The postcard may contain a checkoff to indicate whether the person wants to continue receiving a copy of complete reports. [1993 c.181 �2]

����� Note: See note under 192.270.

����� 192.310 [1971 c.743 �294; 2014 c.45 �32; renumbered 192.173 in 2017]

INSPECTION OF PUBLIC RECORDS

(Definitions)

����� 192.311 Definitions for ORS 192.311 to 192.478. As used in ORS 192.311 to 192.478:

����� (1) �Business day� means a day other than Saturday, Sunday or a legal holiday and on which at least one paid employee of the public body that received the public records request is scheduled to and does report to work. In the case of a community college district, community college service district, public university, school district or education service district, �business day� does not include any day on which the central administration offices of the district or university are closed.

����� (2) �Custodian� means:

����� (a) The person described in ORS 7.110 for purposes of court records; or

����� (b) A public body mandated, directly or indirectly, to create, maintain, care for or control a public record. �Custodian� does not include a public body that has custody of a public record as an agent of another public body that is the custodian unless the public record is not otherwise available.

����� (3) �Person� includes any natural person, corporation, partnership, firm, association or member or committee of the Legislative Assembly.

����� (4) �Public body� includes every state officer, agency, department, division, bureau, board and commission; every county and city governing body, school district, special district, municipal corporation, and any board, department, commission, council, or agency thereof; and any other public agency of this state.

����� (5)(a) �Public record� includes any writing that contains information relating to the conduct of the public�s business, including but not limited to court records, mortgages, and deed records, prepared, owned, used or retained by a public body regardless of physical form or characteristics.

����� (b) �Public record� does not include any writing that does not relate to the conduct of the public�s business and that is contained on a privately owned computer.

����� (6) �State agency� means any state officer, department, board, commission or court created by the Constitution or statutes of this state but does not include the Legislative Assembly or its members, committees, officers or employees insofar as they are exempt under section 9, Article IV of the Oregon Constitution.

����� (7) �Writing� means handwriting, typewriting, printing, photographing and every means of recording, including letters, words, pictures, sounds, or symbols, or combination thereof, and all papers, maps, files, facsimiles or electronic recordings. [Formerly 192.410]

(Public Records Request Processing)

����� 192.314 Right to inspect public records; notice to public body attorney. (1) Every person has a right to inspect any public record of a public body in this state, except as otherwise expressly provided by ORS 192.338, 192.345 and 192.355.

����� (2)(a) If a person who is a party to a civil judicial proceeding to which a public body is a party, or who has filed a notice under ORS 30.275 (5)(a), asks to inspect or to receive a copy of a public record that the person knows relates to the proceeding or notice, the person must submit the request in writing to the custodian and, at the same time, to the attorney for the public body.

����� (b) For purposes of this subsection:

����� (A) The attorney for a state agency is the Attorney General in Salem.

����� (B) �Person� includes a representative or agent of the person. [Formerly 192.420]

����� 192.318 Functions of custodian of public records; rules. (1) The custodian of any public records, including public records maintained in machine readable or electronic form, unless otherwise expressly provided by statute, shall furnish proper and reasonable opportunities for inspection and examination of the records in the office of the custodian and reasonable facilities for making memoranda or abstracts therefrom, during the usual business hours, to all persons having occasion to make examination of them. If the public record is maintained in machine readable or electronic form, the custodian shall furnish proper and reasonable opportunity to assure access.

����� (2) The custodian of the records may adopt reasonable rules necessary for the protection of the records and to prevent interference with the regular discharge of duties of the custodian. [Formerly 192.430]

����� 192.324 Copies or inspection of public records; public body response; fees; procedure for records requests. (1) A public body that is the custodian of any public record that a person has a right to inspect shall give the person, upon receipt of a written request:

����� (a) A copy of the public record if the public record is of a nature permitting copying; or

����� (b) A reasonable opportunity to inspect or copy the public record.

����� (2) If an individual who is identified in a public body�s procedure described in subsection (7)(a) of this section receives a written request to inspect or receive a copy of a public record, the public body shall within five business days after receiving the request acknowledge receipt of the request or complete the public body�s response to the request. An acknowledgment under this subsection must:

����� (a) Confirm that the public body is the custodian of the requested record;

����� (b) Inform the requester that the public body is not the custodian of the requested record; or

����� (c) Notify the requester that the public body is uncertain whether the public body is the custodian of the requested record.

����� (3) If the public record is maintained in a machine readable or electronic form, the public body shall provide a copy of the public record in the form requested, if available. If the public record is not available in the form requested, the public body shall make the public record available in the form in which the public body maintains the public record.

����� (4)(a) The public body may establish fees reasonably calculated to reimburse the public body for the public body�s actual cost of making public records available, including costs for summarizing, compiling or tailoring the public records, either in organization or media, to meet the request.

����� (b) The public body may include in a fee established under paragraph (a) of this subsection the cost of time spent by an attorney for the public body in reviewing the public records, redacting material from the public records or segregating the public records into exempt and nonexempt records. The public body may not include in a fee established under paragraph (a) of this subsection the cost of time spent by an attorney for the public body in determining the application of the provisions of ORS 192.311 to 192.478.

����� (c) The public body may not establish a fee greater than $25 under this section unless the public body first provides the requester with a written notification of the estimated amount of the fee and the requester confirms that the requester wants the public body to proceed with making the public record available.

����� (d) Notwithstanding paragraphs (a) to (c) of this subsection, when the public records are those filed with:

����� (A) The Secretary of State under ORS chapter 79A or ORS 81.230 to 81.263, the fees for furnishing copies, summaries or compilations of the public records are the fees established by the Secretary of State by rule under ORS chapter 79A or ORS