Title 192 · ORS Chapter 192

shall be those officers identified in ORS 205.110. The State Archivist

Citation: ORS 357.875

Section: 357.875

357.875 shall be those officers identified in ORS 205.110. The State Archivist shall require periodic reports from records officers about records management programs. The State Archivist may require state agency records designated as inactive by the State Archivist to be transferred to the State Records Center, pending the availability of space.

����� (b) The State Archivist shall determine which parts of a public record are acceptable for admission to the State Records Center and may require the state agency or governing body to cause the unacceptable part to be removed before the record is submitted to the State Records Center.

����� (3) Authorizations granted prior to January 1, 1978, by any state agency, the State Archivist, or any board of county commissioners, to state agencies, schools, school districts, soil and water conservation districts, or county officials and offices shall remain in effect until they are adopted or amended by the State Archivist.

����� (4) This section does not apply to legislative records, as defined in ORS 171.410. [1953 c.224 �1; 1961 c.160 �10; subsection (3) enacted as 1961 c.150 �5; 1971 c.508 �1; 1977 c.146 �1; 1991 c.671 �6; 1993 c.660 �1; 1999 c.59 �43; 2003 c.255 �1; 2003 c.803 �10; 2023 c.35 �5]

����� 192.108 Retention schedules. Each state agency or political subdivision shall maintain a public record or accurate copy of a public record in accordance with a retention schedule authorized under ORS 192.018 or 192.105, without regard to the technology or medium used to create or communicate the record. [2011 c.645 �4]

����� 192.110 [Amended by 1961 c.160 �11; repealed by 1971 c.508 �4]

����� 192.120 [Repealed by 1971 c.508 �4]

����� 192.130 Disposition of valueless records in custody of State Archivist; notice prior to disposition. If the State Archivist determines that any public records of a state agency or political subdivision in the official custody of the State Archivist prove to have insufficient legal, administrative, fiscal, tribal cultural, historical or research value to warrant permanent preservation, the State Archivist shall submit a statement or summary thereof to the records officer of the state agency or political subdivision, or successor agency or body, certifying the type and nature thereof and giving prior notification of the destruction. [Amended by 1961 c.160 �12; 1971 c.508 �2; 1991 c.671 �7; 2023 c.35 �6]

����� 192.140 [Amended by 1961 c.160 �13; repealed by 1977 c.146 �2]

����� 192.150 [Amended by 1961 c.160 �14; repealed by 1977 c.146 �2]

����� 192.160 [Amended by 1961 c.160 �15; repealed by 1977 c.146 �2]

����� 192.170 Disposition of materials without authorization. The destruction or other disposal of the following materials do not require specific authorization:

����� (1) Inquiries and requests from the public and answers thereto not required by law to be preserved or not required as evidence of a public or private legal right or liability.

����� (2) Public records which are duplicates by reason of their having been photocopied.

����� (3) Letters of transmittal and acknowledgment, advertising, announcements and correspondence or notes pertaining to reservations of accommodations or scheduling of personal visits or appearances. [Amended by 1961 c.160 �16; 1971 c.508 �3]

RECORDS AND REPORTS IN ENGLISH

����� 192.173 Records and reports required by law to be in English; penalty. (1) With the exception of prescriptions, all records, reports and proceedings required to be kept by law shall be in the English language or in a machine language capable of being converted to the English language by a data processing device or computer.

����� (2) Violation of this section is a Class C misdemeanor. [Formerly 192.310]

EXECUTIVE DEPARTMENT

����� 192.180 Coordination of executive department response to public records request. (1) As used in this section, �executive department� has the meaning given that term in ORS 174.112, except that �executive department� does not include the Secretary of State in performing the duties of the constitutional office of Secretary of State or the State Treasurer in performing the duties of the constitutional office of State Treasurer.

����� (2) The Oregon Department of Administrative Services shall coordinate the efforts of each executive department agency for which the department is the custodian of the public records of the agency that are retained in electronic form, in fulfilling public records requests made of the agency.

����� (3) The department shall provide technical assistance to each executive department agency for which the department is not the custodian of the public records of the agency that are retained in electronic form, in fulfilling public records requests made of the agency.

����� (4) When an executive department agency is aware that the same public records request has been made of itself and one or more other executive department agencies, the agency shall consult with the department prior to producing records in order to ensure consistency between agencies in the production of records.

����� (5) In providing coordination and technical assistance under this section, the department shall apply the standards, protocols and procedures that the State Chief Information Officer develops under ORS 276A.203 (4)(a)(O). [2016 c.48 �2]

����� Note: 192.180 and 192.183 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.

����� 192.183 Compiling public records stored in electronic form; rules. The State Chief Information Officer and the Oregon Department of Administrative Services may adopt rules to implement the provisions of ORS 276A.203 (4)(a)(O), as amended by section 1, chapter 48, Oregon Laws 2016, and ORS 192.180, including but not limited to rules establishing procedures for compiling public records that are stored in electronic form. [2016 c.48 �4]

����� Note: See note under 192.180.

����� 192.190 [1983 c.232 �1; repealed by 2015 c.277 �15]

����� 192.191 Department of Justice information sharing guide. (1) The Department of Justice shall maintain an information sharing guide setting forth the applicable state and federal laws governing the release of educational, juvenile justice, adult correctional, mental health treatment, substance abuse treatment and health care information. The guide must set forth the applicable laws according to discipline, including but not limited to the release of information by child welfare agencies, law enforcement, juvenile justice agencies, schools, mental health treatment providers, health care providers, substance abuse treatment providers and human services providers.

����� (2) The guide must be made available on the Department of Justice website and updated annually in accordance with changes in the law. [2017 c.647 �3; 2017 c.647 �4]

����� Note: 192.191 was enacted into law by the Legislative Assembly but was 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.

PUBLIC REPORTS

(Standardized Form)

����� 192.210 Definitions for ORS 192.210 and 192.220. As used in ORS 192.210 and 192.220, unless the context requires otherwise:

����� (1) �Issuing agency� means:

����� (a) Every state officer, board, commission, department, institution, branch or agency of state government whose costs are paid from public funds and includes the Legislative Assembly, the officers and committees thereof, and the courts and the officers and committees thereof; or

����� (b) Any county, special district, school district or public or quasi-public corporation.

����� (2) �Printing� includes any form of reproducing written material.

����� (3) �Report� means any report or other publication of an issuing agency that is required by law to be submitted to the public or to a receiving agency.

����� (4) �Receiving agency� means any state officer or state board, commission, department, institution or agency or branch of government that is required by law to receive any report from an issuing agency. If the branch of government is the Legislative Assembly, the receiving agency is the Legislative Administration Committee and if the branch is the judicial branch, the receiving agency is the Supreme Court. [1969 c.456 �1; 1971 c.638 �11]

����� 192.220 Standardized report forms; exemptions. (1) Except where form and frequency of reports are specified by law, every receiving agency shall prescribe by rule standardized forms for all reports and shall fix the frequency with which reports shall be submitted.

����� (2) Receiving agencies in the executive or administrative branch of government shall consult with the Oregon Department of Administrative Services in preparing rules under this section.

����� (3) With the consent of the Governor, a receiving agency in the executive or administrative branch may exempt any issuing agency from the requirements imposed under subsection (1) of this section. The Legislative Administration Committee may exempt any issuing agency from such requirements for any report required to be submitted to the Legislative Assembly. The Supreme Court may exempt any issuing agency from such requirements for any report required to be submitted to the courts. [1969 c.456 �2; 1971 c.638 �12]

(Policy; Compliance)

����� 192.230 Definitions for ORS 192.235 to 192.245. As used in ORS 192.235 to 192.245:

����� (1) �Report� means informational matter that is published as an individual document at state expense or as required by law. �Report� does not include documents prepared strictly for agency administrative or operational purposes.

����� (2) �State agency� has the meaning given that term in ORS 192.311. [1991 c.842 �1; 2001 c.153 �1]

����� Note: 192.230 to 192.250 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.

����� 192.235 Policy for ORS 192.230 to 192.250. (1) The Legislative Assembly finds that:

����� (a) Many state agency reports are published for reasons that are historical and no longer based on the public�s need to be informed.

����� (b) The format of many state agency reports is not economical or well suited to providing needed information in easily understandable form.

����� (c) State agency reports containing information that is useful but not to the general public should be placed on a self-supporting schedule.

����� (2) It is the policy of the Legislative Assembly to encourage state agencies to inform the public, the Legislative Assembly and the Governor of matters of public interest and concern. It is further the policy of this state to guarantee to its citizens the right to know about the activities of their government, to benefit from the information developed by state agencies at public expense and to enjoy equal access to the information services of state agencies. It is further state policy to encourage agencies to consider whether needed information is most effectively and economically presented by means of printed reports. [1991 c.842 �2]

����� Note: See note under 192.230.

����� 192.240 Duties of state agency issuing report. To comply with the state policy relating to reports outlined in ORS 192.235, a state agency shall do the following:

����� (1) Use electronic communications whenever the agency determines that such use reduces cost and still provides public access to information.

����� (2) Whenever possible, use standard 8-1/2-by-11-inch paper printed on both sides of the sheet and use recycled paper, as defined in ORS 279A.010 and rules adopted pursuant thereto.

����� (3) Insure that public documents are furnished to the State Librarian, as required in ORS