2007 Oregon Code - Chapter 192 :: Chapter 192 - Records - Public Reports and Meetings
Chapter 192
Records; Public Reports and Meetings
2007 EDITION
RECORDS; REPORTS AND MEETINGS
MISCELLANEOUS MATTERS
PUBLIC RECORDS POLICY
192.001 Policy
concerning public records
ARCHIVING OF PUBLIC RECORDS
192.005 Definitions
for ORS 192.005 to 192.170
192.015 Secretary
of State as public records administrator
192.040 Making,
filing and recording records by photocopying
192.050 Copying
records; evidentiary effect
192.060 Indexing
and filing copied records
192.070 Duplicate
rolls of microfilm required; delivery to State Archivist
192.072 State
Archivist performing microfilm services for public body
192.105 State
Archivist authorization for state officials to dispose of records; legislative
records excepted; local government policy on disposing of public records;
limitations; records officer; standards for
192.130 Disposition
of valueless records in custody of State Archivist; notice prior to disposition
192.170 Disposition
of materials without authorization
192.190 Consular
corps credentials as public records; duties of Secretary of State; fees
PUBLIC REPORTS
(Standardized Form)
192.210 Definitions
for ORS 192.210 and 192.220
192.220
Standardized
report forms; exemptions
(Policy; Compliance)
192.230 Definitions
for ORS 192.235 to 192.245
192.235 Policy
for ORS 192.230 to 192.250
192.240 Duties
of state agency issuing report
192.243 Availability
of report on Internet; rules
192.245 Form
of report to legislature
192.250 Director
of Oregon Department of Administrative Services to report to legislature on ORS
192.230 to 192.250
(Distribution)
192.270 Definitions
for ORS 192.270 and 192.275
192.275 Notice
when report required; content; effect
RECORDS AND REPORTS IN ENGLISH
192.310
Records
and reports required by law to be in English
INSPECTION OF PUBLIC RECORDS
192.410 Definitions
for ORS 192.410 to 192.505
192.420 Right
to inspect public records; notice to public body attorney
192.423 Condensation
of public record subject to disclosure; petition to review denial of right to inspect
public record; adequacy of condensation
192.430 Functions
of custodian of public records; rules
192.440 Copies
or inspection of public records; written response by public body; fees; waiver
or reduction; procedure for records requests
192.445 Nondisclosure
on request of home address, home telephone number and electronic mail address;
rules of procedure; duration of effect of request; liability; when not
applicable
192.447 Nondisclosure
of public employee identification badge or card
192.450 Petition
to review denial of right to inspect state public record; appeal from decision
of Attorney General denying inspection; records of health professional
regulatory boards
192.460 Procedure
to review denial of right to inspect other public records; effect of disclosure
192.465 Effect
of failure of Attorney General, district attorney or public official to take
timely action on inspection petition
192.470 Petition
form; procedure when petition received
192.480 Procedure
to review denial by elected official of right to inspect public records
192.490 Court
authority in reviewing action denying right to inspect public records;
docketing; costs and attorney fees
192.493 Health
services costs
192.495 Inspection
of records more than 25 years old
192.496 Medical
records; sealed records; records of individual in custody or under supervision;
student records
192.501 Public
records conditionally exempt from disclosure
192.502 Other
public records exempt from disclosure
192.505
Exempt
and nonexempt public record to be separated
RECORDS OF INDIVIDUAL WITH DISABILITY OR
MENTAL ILLNESS
192.515 Definitions
for ORS 192.515 and 192.517
192.517 Access
to records of individual with disability or individual with mental illness
PROTECTED HEALTH INFORMATION
192.518 Policy
for protected health information
192.519 Definitions
for ORS 192.518 to 192.529
192.520 Health
care provider and state health plan authority
192.521 Health
care provider and state health plan charges
192.522 Authorization
form
192.523 Confidentiality;
use and disclosure
192.524 No
right of action
192.526 Personal
representative of deceased individual
192.527 Allowed
disclosure of protected health information by state health plan or prepaid
managed care health services organization
192.528 Notice
to individual of information that may be disclosed under ORS 192.527
192.529 Allowed
retention or disclosure of genetic information
GENETIC PRIVACY
192.531 Definitions
for ORS 192.531 to 192.549
192.533 Legislative
findings; purposes
192.535 Informed
consent for obtaining genetic information
192.537 Individuals
rights in genetic information; retention of information; destruction of
information
192.538 Notice
by health care provider regarding anonymous or coded research
192.539 Disclosure
of genetic information; exceptions
192.540 Use
of deceased individuals DNA sample or genetic information for research
192.541 Private
right of action; remedies; affirmative defense; attorney fees
192.543 Criminal
penalty
192.545 Enforcement;
Attorney General or district attorney; intervention
192.547 Department
of Human Services rules; procedures
192.549 Advisory
Committee on Genetic Privacy and Research
PRIVATE FINANCIAL RECORDS
192.550 Definitions
for ORS 192.550 to 192.595
192.555 Disclosure
of financial records prohibited; exceptions
192.557 Disclosure
to Department of Human Services; procedure; limitations
192.559 Disclosure
to state court; procedure; limitations
192.560 Authorization
by customer for disclosure
192.565 Disclosure
under summons or subpoena; procedure
192.570 Disclosure
under search warrant
192.575 Liability
of financial institution for disclosure
192.580 Time
for compliance; reimbursement; exceptions
192.585 Procedure
for disclosure to law enforcement agency
192.587 Charges
for participation in attorney trust account overdraft notification program
192.590 Civil
liability for violation of ORS 192.550 to 192.595; attorney fees; status of
evidence obtained in violation
192.595 Severability
PUBLIC MEETINGS
192.610 Definitions
for ORS 192.610 to 192.690
192.620 Policy
192.630 Meetings
of governing body to be open to public; location of meetings; accommodation for
person with disability; interpreters
192.640 Public
notice required; special notice for executive sessions, special or emergency
meetings
192.650 Recording
or written minutes required; content; fees
192.660 Executive
sessions permitted on certain matters; procedures; news media representatives
attendance; limits
192.670 Meetings
by means of telephonic or electronic communication
192.680 Enforcement
of ORS 192.610 to 192.690; effect of violation on validity of decision of
governing body; liability of members
192.685 Additional
enforcement of alleged violations of ORS 192.660
192.690 Exceptions
to ORS 192.610 to 192.690
192.695 Prima
facie evidence of violation required of plaintiff
192.710
Smoking
in public meetings prohibited
FINANCIAL INSTITUTION RECORD DISCLOSURES
192.800 Definitions
for ORS 192.800 to 192.810
192.805 Reimbursement
required prior to disclosure; charges
192.810 Applicability
of ORS 192.805
ADDRESS CONFIDENTIALITY PROGRAM
192.820 Definitions
for ORS 192.820 to 192.868
192.822 Address
Confidentiality Program; substitute addresses
192.826 Application
for participation in program; certification of participation; authorization
card; rules
192.828 Prohibitions;
civil penalty
192.832 Notice
of change in name, address or telephone number
192.834 Cancellation
of certification
192.836 Use
of substitute address; waiver of requirement
192.842 Use
of actual or substitute address in specified circumstances
192.844 Prohibition
on disclosure of actual address or telephone number by public body
192.846 Records
of Department of Transportation; substitute address
192.848 When
Attorney General may disclose actual address or telephone number
192.852 Prohibition
on obtaining actual address or telephone number; prohibition on disclosure by
employee of public body
192.854 Application
assistants; application assistance not legal advice
192.856 Additional
response time for notice or other paper
192.858 Disclosures
to participants
192.860 Rules
192.865 Criminal
penalty
192.868 Grants,
donations and gifts
PENALTIES
192.990 Penalties
PUBLIC RECORDS POLICY
192.001
Policy concerning public records. (1) The Legislative Assembly finds that:
(a) The records of the state and its
political subdivisions are so interrelated and interdependent, that the
decision as to what records are retained or destroyed is a matter of statewide
public policy.
(b) The interest and concern of citizens
in public records recognizes no jurisdictional boundaries, and extends to such
records wherever they may be found in
(c) As local programs become increasingly
intergovernmental, the state and its political subdivisions have a responsibility
to insure orderly retention and destruction of all public records, whether
current or noncurrent, and to insure the preservation of public records of
value for administrative, legal and research purposes.
(2) The purpose of ORS 192.005 to 192.170
and 357.805 to 357.895 is to provide direction for the retention or destruction
of public records in Oregon in order to assure the retention of records
essential to meet the needs of the Legislative Assembly, the state, its
political subdivisions and its citizens, in so far as the records affect the
administration of government, legal rights and responsibilities, and the
accumulation of information of value for research purposes of all kinds, and in
order to assure the prompt destruction of records without continuing value. All
records not included in types described in this subsection shall be destroyed
in accordance with the rules adopted by the Secretary of State. [1973 c.439 §1;
1991 c.671 §3]
ARCHIVING OF
PUBLIC RECORDS
192.005
Definitions for ORS 192.005 to 192.170. As used in ORS 192.005 to 192.170, unless the context requires
otherwise:
(1) Archivist means the State Archivist.
(2) Photocopy includes a photograph,
microphotograph and any other reproduction on paper or film in any scale.
(3) Photocopying means the process of
reproducing, in the form of a photocopy, a public record or writing.
(4) Political subdivision means a city,
county, district or any other municipal or public corporation in this state.
(5) Public record includes, but is not
limited to, a document, book, paper, photograph, file, sound recording or
machine readable electronic record, regardless of physical form or
characteristics, made, received, filed or recorded in pursuance of law or in
connection with the transaction of public business, whether or not confidential
or restricted in use. Public record does not include:
(a) Records of the Legislative Assembly,
its committees, officers and employees.
(b) Library and museum materials made or
acquired and preserved solely for reference or exhibition purposes.
(c) Records or information concerning the
location of archaeological sites or objects as those terms are defined in ORS
358.905.
(d) Extra copies of a document, preserved
only for convenience of reference.
(e) A stock of publications.
(f) Messages on voice mail or on other
telephone message storage and retrieval systems.
(6) State agency means any state
officer, department, board, commission or court created by the Constitution or
statutes of this state. However, state agency does not include the
Legislative Assembly or its committees, officers and employees. [1961 c.160 §2;
1965 c.302 §1; 1983 c.620 §11; 1989 c.16 §1; 1999 c.55 §1; 1999 c.140 §1]
192.010 [Repealed by 1973 c.794 §34]
192.015
Secretary of State as public records administrator. The Secretary of State is the public records
administrator of this state, and it is the responsibility of the secretary to
obtain and maintain uniformity in the application, operation and interpretation
of the public records laws. [1973 c.439 §2]
192.020 [Repealed by 1973 c.794 §34]
192.030 [Amended by 1961 c.160 §4; repealed by 1973
c.794 §34]
192.040
Making, filing and recording records by photocopying. A state agency or political subdivision
making public records or receiving and filing or recording public records, may
do such making or receiving and filing or recording by means of photocopying.
Such photocopying shall, except for records which are treated as confidential
pursuant to law, be made, assembled and indexed, in lieu of any other method
provided by law, in such manner as the governing body of the state agency or
political subdivision considers appropriate. [Amended by 1961 c.160 §5]
192.050
Copying records; evidentiary effect. A state agency or political subdivision may, with the approval of the
proper budgetary authority, cause any public records in its official custody to
be photocopied or captured by digital imaging system as in the case of original
filings or recordings or recorded by means of analog or digital audio and video
tape technology. Each photocopy, digital image and analog or digital audio and
video tape shall be made in accordance with the appropriate standard as
determined by the State Archivist. Every such reproduction shall be deemed an
original; and a transcript, exemplification or certified copy of any such
reproduction shall be deemed a transcript, exemplification or certified copy,
as the case may be, of the original. [Amended by 1961 c.160 §6; 1991 c.671 §4]
192.060
Indexing and filing copied records. All photocopies, digital images and analog or digital audio and video
tapes made under ORS 192.040 and 192.050 shall be properly indexed and placed
in conveniently accessible files. Each roll of microfilm shall be deemed a book
or volume and shall be designated and numbered and provision shall be made for
preserving, examining and using the same. [Amended by 1961 c.160 §7; 1991 c.671
§5]
192.070
Duplicate rolls of microfilm required; delivery to State Archivist. A duplicate of every roll of microfilm of
documents recorded pursuant to law and the indexes therefor shall be made and
kept safely. The State Archivist upon request may, pursuant to ORS 357.865,
accept for safekeeping the duplicate microfilm. [Amended by 1961 c.160 §8]
192.072
State Archivist performing microfilm services for public body. Upon the request of a public body as defined
by ORS 174.109, the State Archivist may perform microfilm services for the
public body. The public body shall pay the cost of rendering the microfilm
services to the State Archivist. The State Archivist shall deposit moneys
received under this section with the State Treasurer, who shall give a receipt
for the moneys. All moneys deposited under this section are continuously
appropriated for the payment of expenses incurred by the Secretary of State in
the administration of the office of the State Archivist. [1955 c.87 §1; 1961
c.172 §3; 1973 c.439 §8; 2003 c.803 §3]
192.074 [1955 c.87 §2; repealed by 1961 c.172 §7]
192.076 [1955 c.87 §3; repealed by 1961 c.172 §7]
192.080 [Amended by 1961 c.160 §9; repealed by 1971
c.508 §4]
192.090 [Repealed by 1961 c.160 §24]
192.100 [Repealed by 1961 c.160 §24]
192.105
State Archivist authorization for state officials to dispose of records; legislative
records excepted; local government policy on disposing of public records;
limitations; records officer; standards for State Records Center. (1) Except as otherwise provided by law, the
State Archivist may grant to public officials of the state or any political
subdivision specific or continuing authorization for the retention or
disposition of public records that are in their custody, after the records have
been in existence for a specified period of time. In granting such
authorization, the State Archivist shall consider the value of the public
records for legal, administrative or research purposes and shall establish
rules for procedure for the retention or disposition of the public records.
(2)(a) The State Archivist shall provide
instructions and forms for obtaining authorization. Upon receipt of an
authorization or upon the effective date of the applicable rule, a state
official who has public records in custody shall destroy or otherwise dispose
of those records that are older than the specified period of retention
established by the authorization or rule. An official of a local government may
destroy such records if such destruction is consistent with the policy of the
local government. No record of accounts or financial affairs subject to audit
shall be destroyed until released for destruction by the responsible auditor or
representative of the auditor. If federal funds are involved, records retention
requirements of the United States Government must be observed. Each state
agency and political subdivision shall designate a records officer to
coordinate its records management program and to serve as liaison with the
State Archivist. The county records officers for the purposes of ORS 192.001,
192.050, 192.060, 192.105, 192.130, 357.825, 357.835 and 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
(b) The State Archivist shall determine
which parts of a public record are acceptable for admission to the
(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.244 §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]
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 administrative, legal 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]
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]
192.190
Consular corps credentials as public records; duties of Secretary of State;
fees. (1) Subject to such
rules as the Secretary of State may adopt, the secretary may accept and file as
a public record the credentials of a member of the consular corps if that
members jurisdiction includes the State of
(2) The Secretary of State may certify as
to the official character and the genuineness of the signature of a member of
the consular corps whose credentials have been accepted and filed under
subsection (1) of this section.
(3) Fees for the filing of credentials and
the issuance of certificates under this section shall be established by the
Secretary of State pursuant to ORS 177.130. [1983 c.232 §1]
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 192.410. [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 publics
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 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 192.410 to 192.505 or other law. [2001 c.153 §3]
Note: See note under 192.230.
192.245
Form of report to legislature.
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 and one copy of the report to the office of the Speaker of
the House of Representatives, one copy to the office of the President of the
Senate and five copies to the Legislative Administration Committee. This
requirement does not preclude providing a copy of any report to a specific
legislative committee if required by law. [1991 c.842 §4]
Note: See note under 192.230.
192.250
Director of
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.
RECORDS AND REPORTS
IN ENGLISH
192.310
Records and reports required by law to be in English. (1) With the exception of physicians
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. [1971 c.743 §294]
INSPECTION OF
PUBLIC RECORDS
192.410
Definitions for ORS 192.410 to 192.505. As used in ORS 192.410 to 192.505:
(1) 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.
(2) Person includes any natural person,
corporation, partnership, firm, association or member or committee of the
Legislative Assembly.
(3) 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.
(4)(a) Public record includes any
writing that contains information relating to the conduct of the publics
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 publics business and that
is contained on a privately owned computer.
(5) 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.
(6) 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. [1973 c.794 §2; 1989
c.377 §1; 1993 c.787 §4; 2001 c.237 §1; 2005 c.659 §4]
192.420
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 192.501 to 192.505.
(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
(B) Person includes a representative or
agent of the person. [1973 c.794 §3; 1999 c.574 §1; 2003 c.403 §1]
192.423
Condensation of public record subject to disclosure; petition to review denial
of right to inspect public record; adequacy of condensation. (1) When a public record is subject to
disclosure under ORS 192.502 (9)(b), in lieu of making the public record
available for inspection by providing a copy of the record, the public body may
prepare and release a condensation from the record of the significant facts
that are not otherwise exempt from disclosure under ORS 192.410 to 192.505. The
release of the condensation does not waive any privilege under ORS 40.225 to
40.295.
(2) The person seeking to inspect or
receive a copy of any public record for which a condensation of facts has been
provided under this section may petition for review of the denial to inspect or
receive a copy of the records under ORS 192.410 to 192.505. In such a review,
the Attorney General, district attorney or court shall, in addition to
reviewing the records to which access was denied, compare those records to the
condensation to determine whether the condensation adequately describes the
significant facts contained in the records. [2007 c.513 §2]
Note: Section 6, chapter 513, Oregon Laws 2007,
provides:
Sec.
6. Section 2 of this 2007
Act [192.423] and the amendments to ORS 40.225, 192.460 and 192.502 by sections
3 to 5 of this 2007 Act apply to public records created on or after the
effective date of this 2007 Act [June 20, 2007]. [2007 c.513 §6]
Note: 192.423 was added to and made a part of
192.410 to 192.505 by legislative action but was not added to any smaller
series therein. See Preface to Oregon Revised Statutes for further explanation.
192.430
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. [1973 c.794
§4; 1989 c.546 §1]
192.440
Copies or inspection of public records; written response by public body; fees;
waiver or reduction; procedure for records requests. (1) The custodian of any public record that
a person has a right to inspect shall give the person, upon 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 a person makes a written request to
inspect a public record or to receive a copy of a public record, the public
body receiving the request shall respond as soon as practicable and without
unreasonable delay. The public body may request additional information or
clarification from the requester for the purpose of expediting the public bodys
response to the request. The response of the public body must acknowledge
receipt of the request and must include one of the following:
(a) A statement that the public body does
not possess, or is not the custodian of, the public record.
(b) Copies of all requested public records
for which the public body does not claim an exemption from disclosure under ORS
192.410 to 192.505.
(c) A statement that the public body is
the custodian of at least some of the requested public records, an estimate of
the time the public body requires before the public records may be inspected or
copies of the records will be provided and an estimate of the fees that the
requester must pay under subsection (4) of this section as a condition of
receiving the public records.
(d) A statement that the public body is
the custodian of at least some of the requested public records and that an
estimate of the time and fees for disclosure of the public records will be
provided by the public body within a reasonable time.
(e) A statement that the public body is
uncertain whether the public body possesses the public record and that the
public body will search for the record and make an appropriate response as soon
as practicable.
(f) A statement that state or federal law
prohibits the public body from acknowledging whether the record exists or that
acknowledging whether the record exists would result in the loss of federal
benefits or other sanction. A statement under this paragraph must include a
citation to the state or federal law relied upon by the public body.
(3) If the public record is maintained in
a machine readable or electronic form, the custodian 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 custodian shall make the public record
available in the form in which the custodian maintains the public record.
(4)(a) The public body may establish fees
reasonably calculated to reimburse the public body for the public bodys 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 persons 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
192.410 to 192.505.
(c) The public body may not establish a
fee greater than $25 under this section unless the public body first provides
the requestor with a written notification of the estimated amount of the fee
and the requestor confirms that the requestor 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 the Secretary
of State under ORS chapter 79 or ORS 80.100 to 80.130, the fees for furnishing
copies, summaries or compilations of the public records are those established
by the Secretary of State by rule, under ORS chapter 79 or ORS 80.100 to
80.130.
(5) The custodian of any public record may
furnish copies without charge or at a substantially reduced fee if the
custodian determines that the waiver or reduction of fees is in the public
interest because making the record available primarily benefits the general
public.
(6) A person who believes that there has
been an unreasonable denial of a fee waiver or fee reduction may petition the
Attorney General or the district attorney in the same manner as a person
petitions when inspection of a public record is denied under ORS 192.410 to
192.505. The Attorney General, the district attorney and the court have the
same authority in instances when a fee waiver or reduction is denied as it has
when inspection of a public record is denied.
(7) A public body shall make available to
the public a written procedure for making public record requests that includes:
(a) The name of one or more persons to
whom public record requests may be sent, with addresses; and
(b) The amounts of and the manner of
calculating fees that the public body charges for responding to requests for
public records.
(8) This section does not apply to
signatures of individuals submitted under ORS chapter 247 for purposes of registering
to vote as provided in ORS 247.973. [1973 c.794 §5; 1979 c.548 §4; 1989 c.111 §12;
1989 c.377 §2; 1989 c.546 §2; 1999 c.824 §5; 2001 c.445 §168; 2005 c.272 §1;
2007 c.467 §1]
192.445
Nondisclosure on request of home address, home telephone number and electronic
mail address; rules of procedure; duration of effect of request; liability;
when not applicable. (1) An
individual may submit a written request to a public body not to disclose a
specified public record indicating the home address, personal telephone number
or electronic mail address of the individual. A public body may not disclose
the specified public record if the individual demonstrates to the satisfaction
of the public body that the personal safety of the individual or the personal safety
of a family member residing with the individual is in danger if the home
address, personal telephone number or electronic mail address remains available
for public inspection.
(2) The Attorney General shall adopt rules
describing:
(a) The procedures for submitting the
written request described in subsection (1) of this section.
(b) The evidence an individual shall
provide to the public body to establish that disclosure of the home address,
telephone number or electronic mail address of the individual would constitute
a danger to personal safety. The evidence may include but is not limited to
evidence that the individual or a family member residing with the individual
has:
(A) Been a victim of domestic violence;
(B) Obtained an order issued under ORS
133.055;
(C) Contacted a law enforcement officer
involving domestic violence or other physical abuse;
(D) Obtained a temporary restraining order
or other no contact order to protect the individual from future physical abuse;
or
(E) Filed other criminal or civil legal
proceedings regarding physical protection.
(c) The procedures for submitting the
written notification from the individual that disclosure of the home address,
personal telephone number or electronic mail address of the individual no longer
constitutes a danger to personal safety.
(3) A request described in subsection (1)
of this section remains effective:
(a) Until the public body receives a
written request for termination but no later than five years after the date
that a public body receives the request; or
(b) In the case of a voter registration
record, until the individual must update the individuals voter registration,
at which time the individual may apply for another exemption from disclosure.
(4) A public body may disclose a home
address, personal telephone number or electronic mail address of an individual
exempt from disclosure under subsection (1) of this section upon court order,
on request from any law enforcement agency or with the consent of the
individual.
(5) A public body may not be held liable
for granting or denying an exemption from disclosure under this section or any
other unauthorized release of a home address, personal telephone number or
electronic mail address granted an exemption from disclosure under this section.
(6) This section does not apply to county
property and lien records. [1993 c.787 §5; 1995 c.742 §12; 2003 c.807 §1]
Note: 192.445 was added to and made a part of
192.410 to 192.505 by legislative action but was not added to any smaller
series therein. See Preface to Oregon Revised Statutes for further explanation.
192.447
Nondisclosure of public employee identification badge or card. (1) As used in this section, public body
has the meaning given that term in ORS 174.109.
(2) A public body may not disclose the
identification badge or card of an employee of the public body without the
written consent of the employee if:
(a) The badge or card contains the
photograph of the employee; and
(b) The badge or card was prepared solely
for internal use by the public body to identify employees of the public body.
(3) The public body may not disclose a
duplicate of the photograph used on the badge or card. [2003 c.282 §1]
Note: 192.447 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.
192.450
Petition to review denial of right to inspect state public record; appeal from
decision of Attorney General denying inspection; records of health professional
regulatory boards. (1)
Subject to ORS 192.480 and subsection (4) of this section, any person denied
the right to inspect or to receive a copy of any public record of a state
agency may petition the Attorney General to review the public record to
determine if it may be withheld from public inspection. Except as provided in
subsection (5) of this section, the burden is on the agency to sustain its
action. Except as provided in subsection (5) of this section, the Attorney
General shall issue an order denying or granting the petition, or denying it in
part and granting it in part, within seven days from the day the Attorney
General receives the petition.
(2) If the Attorney General grants the
petition and orders the state agency to disclose the record, or if the Attorney
General grants the petition in part and orders the state agency to disclose a
portion of the record, the state agency shall comply with the order in full
within seven days after issuance of the order, unless within the seven-day
period it issues a notice of its intention to institute proceedings for
injunctive or declaratory relief in the Circuit Court for Marion County or, as
provided in subsection (6) of this section, in the circuit court of the county
where the record is held. Copies of the notice shall be sent to the Attorney
General and by certified mail to the petitioner at the address shown on the
petition. The state agency shall institute the proceedings within seven days
after it issues its notice of intention to do so. If the Attorney General
denies the petition in whole or in part, or if the state agency continues to
withhold the record or a part of it notwithstanding an order to disclose by the
Attorney General, the person seeking disclosure may institute such proceedings.
(3) The Attorney General shall serve as
counsel for the state agency in a suit filed under subsection (2) of this
section if the suit arises out of a determination by the Attorney General that
the public record should not be disclosed, or that a part of the public record
should not be disclosed if the state agency has fully complied with the order
of the Attorney General requiring disclosure of another part or parts of the
public record, and in no other case. In any case in which the Attorney General
is prohibited from serving as counsel for the state agency, the agency may
retain special counsel.
(4) A person denied the right to inspect
or to receive a copy of any public record of a health professional regulatory
board, as defined in ORS 676.160, that contains information concerning a
licensee or applicant, and petitioning the Attorney General to review the
public record shall, on or before the date of filing the petition with the
Attorney General, send a copy of the petition by first class mail to the health
professional regulatory board. Not more than 48 hours after the board receives
a copy of the petition, the board shall send a copy of the petition by first
class mail to the licensee or applicant who is the subject of any record for
which disclosure is sought. When sending a copy of the petition to the licensee
or applicant, the board shall include a notice informing the licensee or
applicant that a written response by the licensee or applicant may be filed with
the Attorney General not later than seven days after the date that the notice
was sent by the board. Immediately upon receipt of any written response from
the licensee or applicant, the Attorney General shall send a copy of the
response to the petitioner by first class mail.
(5) The person seeking disclosure of a
public record of a health professional regulatory board, as defined in ORS
676.160, that is confidential or exempt from disclosure under ORS 676.165 or
676.175, shall have the burden of demonstrating to the Attorney General by
clear and convincing evidence that the public interest in disclosure outweighs
other interests in nondisclosure, including but not limited to the public
interest in nondisclosure. The Attorney General shall issue an order denying or
granting the petition, or denying or granting it in part, not later than the
15th day following the day that the Attorney General receives the petition. A
copy of the Attorney Generals order granting a petition or part of a petition
shall be served by first class mail on the health professional regulatory
board, the petitioner and the licensee or applicant who is the subject of any
record ordered to be disclosed. The health professional regulatory board shall
not disclose any record prior to the seventh day following the service of the
Attorney Generals order on a licensee or applicant entitled to receive notice
under this subsection.
(6) If the Attorney General grants or
denies the petition for a record of a health professional regulatory board, as
defined in ORS 676.160, that contains information concerning a licensee or
applicant, the board, a person denied the right to inspect or receive a copy of
the record or the licensee or applicant who is the subject of the record may
institute proceedings for injunctive or declaratory relief in the circuit court
for the county where the public record is held. The party seeking disclosure of
the record shall have the burden of demonstrating by clear and convincing
evidence that the public interest in disclosure outweighs other interests in
nondisclosure, including but not limited to the public interest in
nondisclosure.
(7) The Attorney General may comply with a
request of a health professional regulatory board to be represented by
independent counsel in any proceeding under subsection (6) of this section. [1973
c.794 §6; 1975 c.308 §2; 1997 c.791 §8; 1999 c.751 §4]
192.460
Procedure to review denial of right to inspect other public records; effect of
disclosure. (1) ORS 192.450
applies to the case of a person denied the right to inspect or to receive a
copy of any public record of a public body other than a state agency, except
that:
(a) The district attorney of the county in
which the public body is located, or if it is located in more than one county
the district attorney of the county in which the administrative offices of the
public body are located, shall carry out the functions of the Attorney General;
(b) Any suit filed must be filed in the
circuit court for the county described in paragraph (a) of this subsection; and
(c) The district attorney may not serve as
counsel for the public body, in the cases permitted under ORS 192.450 (3),
unless the district attorney ordinarily serves as counsel for the public body.
(2) Disclosure of a record to the district
attorney in compliance with subsection (1) of this section does not waive any
privilege or claim of privilege regarding the record or its contents.
(3) Disclosure of a record or part of a
record as ordered by the district attorney is a compelled disclosure for
purposes of ORS 40.285. [1973 c.794 §7; 2007 c.513 §4]
Note: See first note under 192.423.
192.465
Effect of failure of Attorney General, district attorney or public official to
take timely action on inspection petition. (1) The failure of the Attorney General or district attorney to issue
an order under ORS 192.450 or 192.460 denying, granting, or denying in part and
granting in part a petition to require disclosure within seven days from the
day of receipt of the petition shall be treated as an order denying the
petition for the purpose of determining whether a person may institute
proceedings for injunctive or declaratory relief under ORS 192.450 or 192.460.
(2) The failure of an elected official to
deny, grant, or deny in part and grant in part a request to inspect or receive
a copy of a public record within seven days from the day of receipt of the
request shall be treated as a denial of the request for the purpose of
determining whether a person may institute proceedings for injunctive or
declaratory relief under ORS 192.450 or 192.460. [1975 c.308 §5]
192.470
Petition form; procedure when petition received. (1) A petition to the Attorney General or
district attorney requesting the Attorney General or district attorney to order
a public record to be made available for inspection or to be produced shall be
in substantially the following form, or in a form containing the same
information:
______________________________________________________________________________
(date)
______
I (we), ____________ (name(s)), the
undersigned, request the Attorney General (or District Attorney of ______
County) to order ______ (name of governmental body) and its employees to (make
available for inspection) (produce a copy or copies of) the following records:
1.____________________
(Name or description of record)
2.____________________
(Name or description of record)
I (we) asked to inspect and/or copy these
records on ______ (date) at ______ (address). The request was denied by the
following person(s):
1.____________________
(Name of public officer or employee; title
or position, if known)
2.____________________
(Name of public officer or employee; title
or position, if known)
______________________
(Signature(s))
______________________________________________________________________________
This form
should be delivered or mailed to the Attorney Generals office in
(2) Promptly upon receipt of such a
petition, the Attorney General or district attorney shall notify the public
body involved. The public body shall thereupon transmit the public record
disclosure of which is sought, or a copy, to the Attorney General, together
with a statement of its reasons for believing that the public record should not
be disclosed. In an appropriate case, with the consent of the Attorney General,
the public body may instead disclose the nature or substance of the public
record to the Attorney General. [1973 c.794 §10]
192.480
Procedure to review denial by elected official of right to inspect public
records. In any case in
which a person is denied the right to inspect or to receive a copy of a public
record in the custody of an elected official, or in the custody of any other
person but as to which an elected official claims the right to withhold
disclosure, no petition to require disclosure may be filed with the Attorney
General or district attorney, or if a petition is filed it shall not be
considered by the Attorney General or district attorney after a claim of right
to withhold disclosure by an elected official. In such case a person denied the
right to inspect or to receive a copy of a public record may institute
proceedings for injunctive or declaratory relief in the appropriate circuit
court, as specified in ORS 192.450 or 192.460, and the Attorney General or
district attorney may upon request serve or decline to serve, in the discretion
of the Attorney General or district attorney, as counsel in such suit for an
elected official for which the Attorney General or district attorney ordinarily
serves as counsel. Nothing in this section shall preclude an elected official
from requesting advice from the Attorney General or a district attorney as to
whether a public record should be disclosed. [1973 c.794 §8]
192.490
Court authority in reviewing action denying right to inspect public records;
docketing; costs and attorney fees. (1) In any suit filed under ORS 192.450, 192.460, 192.470 or 192.480,
the court has jurisdiction to enjoin the public body from withholding records
and to order the production of any records improperly withheld from the person
seeking disclosure. The court shall determine the matter de novo and the burden
is on the public body to sustain its action. The court, on its own motion, may
view the documents in controversy in camera before reaching a decision. Any
noncompliance with the order of the court may be punished as contempt of court.
(2) Except as to causes the court
considers of greater importance, proceedings arising under ORS 192.450,
192.460, 192.470 or 192.480 take precedence on the docket over all other causes
and shall be assigned for hearing and trial at the earliest practicable date
and expedited in every way.
(3) If a person seeking the right to
inspect or to receive a copy of a public record prevails in the suit, the
person shall be awarded costs and disbursements and reasonable attorney fees at
trial and on appeal. If the person prevails in part, the court may in its
discretion award the person costs and disbursements and reasonable attorney
fees at trial and on appeal, or an appropriate portion thereof. If the state
agency failed to comply with the Attorney Generals order in full and did not
issue a notice of intention to institute proceedings pursuant to ORS 192.450
(2) within seven days after issuance of the order, or did not institute the
proceedings within seven days after issuance of the notice, the petitioner
shall be awarded costs of suit at the trial level and reasonable attorney fees
regardless of which party instituted the suit and regardless of which party
prevailed therein. [1973 c.794 §9; 1975 c.308 §3; 1981 c.897 §40]
192.493
Health services costs. A
record of an agency of the executive department as defined in ORS 174.112 that
contains the following information is a public record subject to inspection
under ORS 192.420 and is not exempt from disclosure under ORS 192.501 or
192.502 except to the extent that the record discloses information about an
individuals health or is proprietary to a person:
(1) The amounts determined by an
independent actuary retained by the agency to cover the costs of providing each
of the following health services under ORS 414.705 to 414.750 for the six
months preceding the report:
(a) Inpatient hospital services;
(b) Outpatient hospital services;
(c) Laboratory and X-ray services;
(d) Physician and other licensed
practitioner services;
(e) Prescription drugs;
(f) Dental services;
(g) Vision services;
(h) Mental health services;
(i) Chemical dependency services;
(j) Durable medical equipment and
supplies; and
(k) Other health services provided under a
prepaid managed care health services contract under ORS 414.725;
(2) The amounts the agency and each
contractor have paid under each prepaid managed care health services contract
under ORS 414.725 for administrative costs and the provision of each of the
health services described in subsection (1) of this section for the six months
preceding the report;
(3) Any adjustments made to the amounts
reported under this section to account for geographic or other differences in
providing the health services; and
(4) The numbers of individuals served
under each prepaid managed care health services contract, listed by category of
individual. [2003 c.803 §27]
Note: 192.493 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.
192.495
Inspection of records more than 25 years old. Notwithstanding ORS 192.501 to 192.505 and except as otherwise
provided in ORS 192.496, public records that are more than 25 years old shall
be available for inspection. [1979 c.301 §2]
192.496
Medical records; sealed records; records of individual in custody or under
supervision; student records.
The following public records are exempt from disclosure:
(1) Records less than 75 years old which
contain information about the physical or mental health or psychiatric care or
treatment of a living individual, if the public disclosure thereof would
constitute an unreasonable invasion of privacy. The party seeking disclosure
shall have the burden of showing by clear and convincing evidence that the
public interest requires disclosure in the particular instance and that public
disclosure would not constitute an unreasonable invasion of privacy.
(2) Records less than 75 years old which
were sealed in compliance with statute or by court order. Such records may be
disclosed upon order of a court of competent jurisdiction or as otherwise
provided by law.
(3) Records of a person who is or has been
in the custody or under the lawful supervision of a state agency, a court or a
unit of local government, are exempt from disclosure for a period of 25 years
after termination of such custody or supervision to the extent that disclosure
thereof would interfere with the rehabilitation of the person if the public
interest in confidentiality clearly outweighs the public interest in
disclosure. Nothing in this subsection, however, shall be construed as
prohibiting disclosure of the fact that a person is in custody.
(4) Student records required by state or
federal law to be exempt from disclosure. [1979 c.301 §3]
192.500 [1973 c.794 §11; 1975 c.308 §1; 1975 c.582 §150;
1975 c.606 §41a; 1977 c.107 §1; 1977 c.587 §1; 1977 c.793 §5a; 1979 c.190 §400;
1981 c.107 §1; 1981 c.139 §8; 1981 c.187 §1; 1981 c.892 §92; 1981 c.905 §7;
1983 c.17 §29; 1983 c.198 §1; 1983 c.338 §902; 1983 c.617 §3; 1983 c.620 §12;
1983 c.703 §8; 1983 c.709 §42; 1983 c.717 §30; 1983 c.740 §46; 1983 c.830 §9;
1985 c.413 §1; 1985 c.602 §13; 1985 c.657 §1; 1985 c.762 §179a; 1985 c.813 §1;
1987 c.94 §100; 1987 c.109 §3; 1987 c.320 §145; 1987 c.373 §23; 1987 c.520 §12;
1987 c.610 §24; 1987 c.731 §2; 1987 c.839 §1; 1987 c.898 §26; repealed by 1987
c.764 §1 (192.501, 192.502 and 192.505 enacted in lieu of 192.500)]
192.501
Public records conditionally exempt from disclosure. The following public records are exempt from
disclosure under ORS 192.410 to 192.505 unless the public interest requires
disclosure in the particular instance:
(1) Records of a public body pertaining to
litigation to which the public body is a party if the complaint has been filed,
or if the complaint has not been filed, if the public body shows that such
litigation is reasonably likely to occur. This exemption does not apply to
litigation which has been concluded, and nothing in this subsection shall limit
any right or opportunity granted by discovery or deposition statutes to a party
to litigation or potential litigation;
(2) Trade secrets. Trade secrets, as
used in this section, may include, but are not limited to, any formula, plan,
pattern, process, tool, mechanism, compound, procedure, production data, or
compilation of information which is not patented, which is known only to
certain individuals within an organization and which is used in a business it
conducts, having actual or potential commercial value, and which gives its user
an opportunity to obtain a business advantage over competitors who do not know
or use it;
(3) Investigatory information compiled for
criminal law purposes. The record of an arrest or the report of a crime shall
be disclosed unless and only for so long as there is a clear need to delay
disclosure in the course of a specific investigation, including the need to
protect the complaining party or the victim. Nothing in this subsection shall
limit any right constitutionally guaranteed, or granted by statute, to
disclosure or discovery in criminal cases. For purposes of this subsection, the
record of an arrest or the report of a crime includes, but is not limited to:
(a) The arrested persons name, age,
residence, employment, marital status and similar biographical information;
(b) The offense with which the arrested
person is charged;
(c) The conditions of release pursuant to
ORS 135.230 to 135.290;
(d) The identity of and biographical
information concerning both complaining party and victim;
(e) The identity of the investigating and
arresting agency and the length of the investigation;
(f) The circumstances of arrest, including
time, place, resistance, pursuit and weapons used; and
(g) Such information as may be necessary
to enlist public assistance in apprehending fugitives from justice;
(4) Test questions, scoring keys, and
other data used to administer a licensing examination, employment, academic or
other examination or testing procedure before the examination is given and if
the examination is to be used again. Records establishing procedures for and
instructing persons administering, grading or evaluating an examination or
testing procedure are included in this exemption, to the extent that disclosure
would create a risk that the result might be affected;
(5) Information consisting of production
records, sale or purchase records or catch records, or similar business records
of a private concern or enterprise, required by law to be submitted to or
inspected by a governmental body to allow it to determine fees or assessments
payable or to establish production quotas, and the amounts of such fees or
assessments payable or paid, to the extent that such information is in a form
which would permit identification of the individual concern or enterprise. This
exemption does not include records submitted by long term care facilities as
defined in ORS 442.015 to the state for purposes of reimbursement of expenses
or determining fees for patient care. Nothing in this subsection shall limit
the use which can be made of such information for regulatory purposes or its
admissibility in any enforcement proceeding;
(6) Information relating to the appraisal
of real estate prior to its acquisition;
(7) The names and signatures of employees
who sign authorization cards or petitions for the purpose of requesting representation
or decertification elections;
(8) Investigatory information relating to
any complaint filed under ORS 659A.820 or 659A.825, until such time as the
complaint is resolved under ORS 659A.835, or a final order is issued under ORS
659A.850;
(9) Investigatory information relating to
any complaint or charge filed under ORS 243.676 and 663.180;
(10) Records, reports and other
information received or compiled by the Director of the Department of Consumer
and Business Services under ORS 697.732;
(11) Information concerning the location
of archaeological sites or objects as those terms are defined in ORS 358.905,
except if the governing body of an Indian tribe requests the information and
the need for the information is related to that Indian tribes cultural or
religious activities. This exemption does not include information relating to a
site that is all or part of an existing, commonly known and publicized tourist
facility or attraction;
(12) A personnel discipline action, or
materials or documents supporting that action;
(13) Information developed pursuant to ORS
496.004, 496.172 and 498.026 or ORS 496.192 and 564.100, regarding the habitat,
location or population of any threatened species or endangered species;
(14) Writings prepared by or under the
direction of faculty of public educational institutions, in connection with
research, until publicly released, copyrighted or patented;
(15) Computer programs developed or
purchased by or for any public body for its own use. As used in this subsection,
computer program means a series of instructions or statements which permit
the functioning of a computer system in a manner designed to provide storage,
retrieval and manipulation of data from such computer system, and any
associated documentation and source material that explain how to operate the
computer program. Computer program does not include:
(a) The original data, including but not
limited to numbers, text, voice, graphics and images;
(b) Analyses, compilations and other
manipulated forms of the original data produced by use of the program; or
(c) The mathematical and statistical
formulas which would be used if the manipulated forms of the original data were
to be produced manually;
(16) Data and information provided by
participants to mediation under ORS 36.256;
(17) Investigatory information relating to
any complaint or charge filed under ORS chapter 654, until a final
administrative determination is made or, if a citation is issued, until an
employer receives notice of any citation;
(18) Specific operational plans in
connection with an anticipated threat to individual or public safety for
deployment and use of personnel and equipment, prepared or used by a public
body, if public disclosure of the plans would endanger an individuals life or
physical safety or jeopardize a law enforcement activity;
(19)(a) Audits or audit reports required
of a telecommunications carrier. As used in this paragraph, audit or audit
report means any external or internal audit or audit report pertaining to a
telecommunications carrier, as defined in ORS 133.721, or pertaining to a
corporation having an affiliated interest, as defined in ORS 759.390, with a
telecommunications carrier that is intended to make the operations of the
entity more efficient, accurate or compliant with applicable rules, procedures
or standards, that may include self-criticism and that has been filed by the
telecommunications carrier or affiliate under compulsion of state law. Audit
or audit report does not mean an audit of a cost study that would be
discoverable in a contested case proceeding and that is not subject to a
protective order; and
(b) Financial statements. As used in this
paragraph, financial statement means a financial statement of a nonregulated
corporation having an affiliated interest, as defined in ORS 759.390, with a
telecommunications carrier, as defined in ORS 133.721;
(20) The residence address of an elector
if authorized under ORS 247.965 and subject to ORS 247.967;
(21) The following records, communications
and information submitted to a housing authority as defined in ORS 456.005, or
to an urban renewal agency as defined in ORS 457.010, by applicants for and
recipients of loans, grants and tax credits:
(a) Personal and corporate financial
statements and information, including tax returns;
(b) Credit reports;
(c) Project appraisals;
(d) Market studies and analyses;
(e) Articles of incorporation, partnership
agreements and operating agreements;
(f) Commitment letters;
(g) Project pro forma statements;
(h) Project cost certifications and cost
data;
(i) Audits;
(j) Project tenant correspondence
requested to be confidential;
(k) Tenant files relating to
certification; and
(L) Housing assistance payment requests;
(22) Records or information that, if disclosed,
would allow a person to:
(a) Gain unauthorized access to buildings
or other property;
(b) Identify those areas of structural or
operational vulnerability that would permit unlawful disruption to, or
interference with, services; or
(c) Disrupt, interfere with or gain
unauthorized access to public funds or to information processing, communication
or telecommunication systems, including the information contained in the
systems, that are used or operated by a public body;
(23) Records or information that would
reveal or otherwise identify security measures, or weaknesses or potential
weaknesses in security measures, taken or recommended to be taken to protect:
(a) An individual;
(b) Buildings or other property;
(c) Information processing, communication
or telecommunication systems, including the information contained in the
systems; or
(d) Those operations of the Oregon State
Lottery the security of which are subject to study and evaluation under ORS
461.180 (6);
(24) Personal information held by or under
the direction of officials of the Oregon Health and Science University or the
Oregon University System about a person who has or who is interested in
donating money or property to the university, the system or a state institution
of higher education, if the information is related to the family of the person,
personal assets of the person or is incidental information not related to the
donation;
(25) The home address, professional
address and telephone number of a person who has or who is interested in
donating money or property to the Oregon University System;
(26) Records of the name and address of a
person who files a report with or pays an assessment to a commodity commission
established under ORS 576.051 to 576.455, the Oregon Beef Council created under
ORS 577.210 or the Oregon Wheat Commission created under ORS 578.030;
(27) Information provided to, obtained by
or used by a public body to authorize, originate, receive or authenticate a
transfer of funds, including but not limited to a credit card number, payment
card expiration date, password, financial institution account number and
financial institution routing number;
(28) Social Security numbers as provided
in ORS 107.840;
(29) The electronic mail address of a
student who attends a state institution of higher education listed in ORS
352.002 or Oregon Health and
(30) The name, home address, professional
address or location of a person that is engaged in, or that provides goods or
services for, medical research at Oregon Health and
(31) If requested by a public safety
officer as defined in ORS 181.610, by a district attorney or deputy district
attorney or by an assistant attorney general designated by the Attorney
General, the home address and home telephone number of the public safety
officer or attorney contained in the voter registration records for the public
safety officer or attorney;
(32) If requested by a public safety
officer as defined in ORS 181.610, by a district attorney or deputy district
attorney or by an assistant attorney general designated by the Attorney
General, the name of the public safety officer or attorney contained in county
real property assessment or taxation records. This exemption:
(a) Applies only to the name of the public
safety officer or attorney and any other owner of the property in connection
with a specific property identified by the officer or attorney in a request for
exemption from disclosure;
(b) Applies only to records that may be
made immediately available to the public upon request in person, by telephone
or using the Internet;
(c) Applies until the public safety
officer or attorney requests termination of the exemption;
(d) Does not apply to disclosure of
records among public bodies as defined in ORS 174.109 for governmental
purposes; and
(e) May not result in liability for a
county if the name of a public safety officer or attorney is disclosed after a
request for exemption from disclosure is made under this subsection; and
(33) Land management plans required for
voluntary stewardship agreements entered into under ORS 541.423. [1987 c.373 §§23c,23d;
1987 c.764 §2 (enacted in lieu of 192.500); 1989 c.70 §1; 1989 c.171 §26; 1989
c.967 §§11,13; 1989 c.1083 §10; 1991 c.636 §§1,2; 1991 c.678 §§1,2; 1993 c.616 §§4,5;
1993 c.787 §§1,2; 1995 c.604 §§2,3; 1999 c.155 §3; 1999 c.169 §§1,2; 1999 c.234
§§1,2; 1999 c.291 §§21,22; 1999 c.380 §§1,2; 1999 c.1093 §§3,4; 2001 c.104 §66;
2001 c.621 §85; 2001 c.915 §1; 2003 c.217 §1; 2003 c.380 §2; 2003 c.524 §1;
2003 c.604 §98; 2003 c.674 §26; 2003 c.803 §12; 2003 c.807 §§2,3; 2005 c.203 §§1,2;
2005 c.232 §§33,34; 2005 c.455 §1; 2007 c.608 §6; 2007 c.687 §1]
Note: The amendments to 192.501 by section 3,
chapter 455,
192.501. The following public records are exempt from
disclosure under ORS 192.410 to 192.505 unless the public interest requires
disclosure in the particular instance:
(1) Records of a public body pertaining to
litigation to which the public body is a party if the complaint has been filed,
or if the complaint has not been filed, if the public body shows that such
litigation is reasonably likely to occur. This exemption does not apply to
litigation which has been concluded, and nothing in this subsection shall limit
any right or opportunity granted by discovery or deposition statutes to a party
to litigation or potential litigation;
(2) Trade secrets. Trade secrets, as
used in this section, may include, but are not limited to, any formula, plan,
pattern, process, tool, mechanism, compound, procedure, production data, or
compilation of information which is not patented, which is known only to
certain individuals within an organization and which is used in a business it
conducts, having actual or potential commercial value, and which gives its user
an opportunity to obtain a business advantage over competitors who do not know
or use it;
(3) Investigatory information compiled for
criminal law purposes. The record of an arrest or the report of a crime shall
be disclosed unless and only for so long as there is a clear need to delay
disclosure in the course of a specific investigation, including the need to
protect the complaining party or the victim. Nothing in this subsection shall
limit any right constitutionally guaranteed, or granted by statute, to disclosure
or discovery in criminal cases. For purposes of this subsection, the record of
an arrest or the report of a crime includes, but is not limited to:
(a) The arrested persons name, age,
residence, employment, marital status and similar biographical information;
(b) The offense with which the arrested
person is charged;
(c) The conditions of release pursuant to
ORS 135.230 to 135.290;
(d) The identity of and biographical
information concerning both complaining party and victim;
(e) The identity of the investigating and
arresting agency and the length of the investigation;
(f) The circumstances of arrest, including
time, place, resistance, pursuit and weapons used; and
(g) Such information as may be necessary
to enlist public assistance in apprehending fugitives from justice;
(4) Test questions, scoring keys, and
other data used to administer a licensing examination, employment, academic or
other examination or testing procedure before the examination is given and if
the examination is to be used again. Records establishing procedures for and
instructing persons administering, grading or evaluating an examination or
testing procedure are included in this exemption, to the extent that disclosure
would create a risk that the result might be affected;
(5) Information consisting of production
records, sale or purchase records or catch records, or similar business records
of a private concern or enterprise, required by law to be submitted to or
inspected by a governmental body to allow it to determine fees or assessments
payable or to establish production quotas, and the amounts of such fees or
assessments payable or paid, to the extent that such information is in a form
which would permit identification of the individual concern or enterprise. This
exemption does not include records submitted by long term care facilities as
defined in ORS 442.015 to the state for purposes of reimbursement of expenses
or determining fees for patient care. Nothing in this subsection shall limit
the use which can be made of such information for regulatory purposes or its
admissibility in any enforcement proceeding;
(6) Information relating to the appraisal
of real estate prior to its acquisition;
(7) The names and signatures of employees
who sign authorization cards or petitions for the purpose of requesting
representation or decertification elections;
(8) Investigatory information relating to
any complaint filed under ORS 659A.820 or 659A.825, until such time as the
complaint is resolved under ORS 659A.835, or a final order is issued under ORS
659A.850;
(9) Investigatory information relating to
any complaint or charge filed under ORS 243.676 and 663.180;
(10) Records, reports and other
information received or compiled by the Director of the Department of Consumer
and Business Services under ORS 697.732;
(11) Information concerning the location
of archaeological sites or objects as those terms are defined in ORS 358.905,
except if the governing body of an Indian tribe requests the information and
the need for the information is related to that Indian tribes cultural or
religious activities. This exemption does not include information relating to a
site that is all or part of an existing, commonly known and publicized tourist
facility or attraction;
(12) A personnel discipline action, or
materials or documents supporting that action;
(13) Information developed pursuant to ORS
496.004, 496.172 and 498.026 or ORS 496.192 and 564.100, regarding the habitat,
location or population of any threatened species or endangered species;
(14) Writings prepared by or under the
direction of faculty of public educational institutions, in connection with
research, until publicly released, copyrighted or patented;
(15) Computer programs developed or
purchased by or for any public body for its own use. As used in this
subsection, computer program means a series of instructions or statements
which permit the functioning of a computer system in a manner designed to
provide storage, retrieval and manipulation of data from such computer system,
and any associated documentation and source material that explain how to
operate the computer program. Computer program does not include:
(a) The original data, including but not
limited to numbers, text, voice, graphics and images;
(b) Analyses, compilations and other
manipulated forms of the original data produced by use of the program; or
(c) The mathematical and statistical
formulas which would be used if the manipulated forms of the original data were
to be produced manually;
(16) Data and information provided by
participants to mediation under ORS 36.256;
(17) Investigatory information relating to
any complaint or charge filed under ORS chapter 654, until a final
administrative determination is made or, if a citation is issued, until an
employer receives notice of any citation;
(18) Specific operational plans in
connection with an anticipated threat to individual or public safety for
deployment and use of personnel and equipment, prepared or used by a public
body, if public disclosure of the plans would endanger an individuals life or
physical safety or jeopardize a law enforcement activity;
(19)(a) Audits or audit reports required
of a telecommunications carrier. As used in this paragraph, audit or audit
report means any external or internal audit or audit report pertaining to a
telecommunications carrier, as defined in ORS 133.721, or pertaining to a
corporation having an affiliated interest, as defined in ORS 759.390, with a
telecommunications carrier that is intended to make the operations of the
entity more efficient, accurate or compliant with applicable rules, procedures
or standards, that may include self-criticism and that has been filed by the
telecommunications carrier or affiliate under compulsion of state law. Audit
or audit report does not mean an audit of a cost study that would be
discoverable in a contested case proceeding and that is not subject to a
protective order; and
(b) Financial statements. As used in this
paragraph, financial statement means a financial statement of a nonregulated
corporation having an affiliated interest, as defined in ORS 759.390, with a
telecommunications carrier, as defined in ORS 133.721;
(20) The residence address of an elector
if authorized under ORS 247.965 and subject to ORS 247.967;
(21) The following records, communications
and information submitted to a housing authority as defined in ORS 456.005, or
to an urban renewal agency as defined in ORS 457.010, by applicants for and
recipients of loans, grants and tax credits:
(a) Personal and corporate financial
statements and information, including tax returns;
(b) Credit reports;
(c) Project appraisals;
(d) Market studies and analyses;
(e) Articles of incorporation, partnership
agreements and operating agreements;
(f) Commitment letters;
(g) Project pro forma statements;
(h) Project cost certifications and cost
data;
(i) Audits;
(j) Project tenant correspondence
requested to be confidential;
(k) Tenant files relating to
certification; and
(L) Housing assistance payment requests;
(22) Records or information that, if
disclosed, would allow a person to:
(a) Gain unauthorized access to buildings
or other property;
(b) Identify those areas of structural or
operational vulnerability that would permit unlawful disruption to, or
interference with, services; or
(c) Disrupt, interfere with or gain
unauthorized access to public funds or to information processing, communication
or telecommunication systems, including the information contained in the
systems, that are used or operated by a public body;
(23) Records or information that would
reveal or otherwise identify security measures, or weaknesses or potential
weaknesses in security measures, taken or recommended to be taken to protect:
(a) An individual;
(b) Buildings or other property;
(c) Information processing, communication
or telecommunication systems, including the information contained in the
systems; or
(d) Those operations of the Oregon State
Lottery the security of which are subject to study and evaluation under ORS
461.180 (6);
(24) Personal information held by or under
the direction of officials of the Oregon Health and Science University or the
Oregon University System about a person who has or who is interested in
donating money or property to the university, the system or a state institution
of higher education, if the information is related to the family of the person,
personal assets of the person or is incidental information not related to the
donation;
(25) The home address, professional
address and telephone number of a person who has or who is interested in
donating money or property to the Oregon University System;
(26) Records of the name and address of a
person who files a report with or pays an assessment to a commodity commission
established under ORS 576.051 to 576.455, the Oregon Beef Council created under
ORS 577.210 or the Oregon Wheat Commission created under ORS 578.030;
(27) Information provided to, obtained by
or used by a public body to authorize, originate, receive or authenticate a
transfer of funds, including but not limited to a credit card number, payment
card expiration date, password, financial institution account number and
financial institution routing number;
(28) Social Security numbers as provided
in ORS 107.840;
(29) The electronic mail address of a
student who attends a state institution of higher education listed in ORS
352.002 or Oregon Health and
(30) If requested by a public safety
officer as defined in ORS 181.610, by a district attorney or deputy district
attorney or by an assistant attorney general designated by the Attorney
General, the home address and home telephone number of the public safety
officer or attorney contained in the voter registration records for the public
safety officer or attorney;
(31) If requested by a public safety
officer as defined in ORS 181.610, by a district attorney or deputy district
attorney or by an assistant attorney general designated by the Attorney
General, the name of the public safety officer or attorney contained in county
real property assessment or taxation records. This exemption:
(a) Applies only to the name of the public
safety officer or attorney and any other owner of the property in connection
with a specific property identified by the officer or attorney in a request for
exemption from disclosure;
(b) Applies only to records that may be
made immediately available to the public upon request in person, by telephone
or using the Internet;
(c) Applies until the public safety
officer or attorney requests termination of the exemption;
(d) Does not apply to disclosure of
records among public bodies as defined in ORS 174.109 for governmental
purposes; and
(e) May not result in liability for a
county if the name of a public safety officer or attorney is disclosed after a
request for exemption from disclosure is made under this subsection; and
(32) Land management plans required for
voluntary stewardship agreements entered into under ORS 541.423.
192.502
Other public records exempt from disclosure. The following public records are exempt from disclosure under ORS
192.410 to 192.505:
(1) Communications within a public body or
between public bodies of an advisory nature to the extent that they cover other
than purely factual materials and are preliminary to any final agency
determination of policy or action. This exemption shall not apply unless the
public body shows that in the particular instance the public interest in
encouraging frank communication between officials and employees of public
bodies clearly outweighs the public interest in disclosure.
(2) Information of a personal nature such
as but not limited to that kept in a personal, medical or similar file, if
public disclosure would constitute an unreasonable invasion of privacy, unless
the public interest by clear and convincing evidence requires disclosure in the
particular instance. The party seeking disclosure shall have the burden of
showing that public disclosure would not constitute an unreasonable invasion of
privacy.
(3) Public body employee or volunteer addresses,
Social Security numbers, dates of birth and telephone numbers contained in
personnel records maintained by the public body that is the employer or the
recipient of volunteer services. This exemption:
(a) Does not apply to the addresses, dates
of birth and telephone numbers of employees or volunteers who are elected
officials, except that a judge or district attorney subject to election may
seek to exempt the judges or district attorneys address or telephone number,
or both, under the terms of ORS 192.445;
(b) Does not apply to employees or
volunteers to the extent that the party seeking disclosure shows by clear and
convincing evidence that the public interest requires disclosure in a
particular instance;
(c) Does not apply to a substitute teacher
as defined in ORS 342.815 when requested by a professional education
association of which the substitute teacher may be a member; and
(d) Does not relieve a public employer of
any duty under ORS 243.650 to 243.782.
(4) Information submitted to a public body
in confidence and not otherwise required by law to be submitted, where such
information should reasonably be considered confidential, the public body has
obliged itself in good faith not to disclose the information, and when the
public interest would suffer by the disclosure.
(5) Information or records of the
Department of Corrections, including the State Board of Parole and Post-Prison
Supervision, to the extent that disclosure would interfere with the
rehabilitation of a person in custody of the department or substantially
prejudice or prevent the carrying out of the functions of the department, if
the public interest in confidentiality clearly outweighs the public interest in
disclosure.
(6) Records, reports and other information
received or compiled by the Director of the Department of Consumer and Business
Services in the administration of ORS chapters 723 and 725 not otherwise
required by law to be made public, to the extent that the interests of lending
institutions, their officers, employees and customers in preserving the
confidentiality of such information outweighs the public interest in
disclosure.
(7) Reports made to or filed with the
court under ORS 137.077 or 137.530.
(8) Any public records or information the
disclosure of which is prohibited by federal law or regulations.
(9)(a) Public records or information the
disclosure of which is prohibited or restricted or otherwise made confidential
or privileged under
(b) Subject to ORS 192.423, paragraph (a)
of this subsection does not apply to factual information compiled in a public
record when:
(A) The basis for the claim of exemption
is ORS 40.225;
(B) The factual information is not
prohibited from disclosure under any applicable state or federal law,
regulation or court order and is not otherwise exempt from disclosure under ORS
192.410 to 192.505;
(C) The factual information was compiled
by or at the direction of an attorney as part of an investigation on behalf of
the public body in response to information of possible wrongdoing by the public
body;
(D) The factual information was not
compiled in preparation for litigation, arbitration or an administrative
proceeding that was reasonably likely to be initiated or that has been
initiated by or against the public body; and
(E) The holder of the privilege under ORS
40.225 has made or authorized a public statement characterizing or partially
disclosing the factual information compiled by or at the attorneys direction.
(10) Public records or information
described in this section, furnished by the public body originally compiling,
preparing or receiving them to any other public officer or public body in
connection with performance of the duties of the recipient, if the
considerations originally giving rise to the confidential or exempt nature of
the public records or information remain applicable.
(11) Records of the Energy Facility Siting
Council concerning the review or approval of security programs pursuant to ORS
469.530.
(12) Employee and retiree address,
telephone number and other nonfinancial membership records and employee
financial records maintained by the Public Employees Retirement System pursuant
to ORS chapters 238 and 238A.
(13) Records of or submitted to the State
Treasurer, the Oregon Investment Council or the agents of the treasurer or the
council relating to active or proposed publicly traded investments under ORS
chapter 293, including but not limited to records regarding the acquisition,
exchange or liquidation of the investments. For the purposes of this subsection:
(a) The exemption does not apply to:
(A) Information in investment records
solely related to the amount paid directly into an investment by, or returned
from the investment directly to, the treasurer or council; or
(B) The identity of the entity to which
the amount was paid directly or from which the amount was received directly.
(b) An investment in a publicly traded
investment is no longer active when acquisition, exchange or liquidation of the
investment has been concluded.
(14)(a) Records of or submitted to the
State Treasurer, the Oregon Investment Council, the Oregon Growth Account Board
or the agents of the treasurer, council or board relating to actual or proposed
investments under ORS chapter 293 or 348 in a privately placed investment fund
or a private asset including but not limited to records regarding the
solicitation, acquisition, deployment, exchange or liquidation of the
investments including but not limited to:
(A) Due diligence materials that are
proprietary to an investment fund, to an asset ownership or to their respective
investment vehicles.
(B) Financial statements of an investment
fund, an asset ownership or their respective investment vehicles.
(C) Meeting materials of an investment
fund, an asset ownership or their respective investment vehicles.
(D) Records containing information
regarding the portfolio positions in which an investment fund, an asset
ownership or their respective investment vehicles invest.
(E) Capital call and distribution notices
of an investment fund, an asset ownership or their respective investment
vehicles.
(F) Investment agreements and related
documents.
(b) The exemption under this subsection
does not apply to:
(A) The name, address and vintage year of
each privately placed investment fund.
(B) The dollar amount of the commitment
made to each privately placed investment fund since inception of the fund.
(C) The dollar amount of cash
contributions made to each privately placed investment fund since inception of
the fund.
(D) The dollar amount, on a fiscal
year-end basis, of cash distributions received by the State Treasurer, the
Oregon Investment Council, the Oregon Growth Account Board or the agents of the
treasurer, council or board from each privately placed investment fund.
(E) The dollar amount, on a fiscal
year-end basis, of the remaining value of assets in a privately placed
investment fund attributable to an investment by the State Treasurer, the
Oregon Investment Council, the Oregon Growth Account Board or the agents of the
treasurer, council or board.
(F) The net internal rate of return of
each privately placed investment fund since inception of the fund.
(G) The investment multiple of each
privately placed investment fund since inception of the fund.
(H) The dollar amount of the total
management fees and costs paid on an annual fiscal year-end basis to each
privately placed investment fund.
(I) The dollar amount of cash profit
received from each privately placed investment fund on a fiscal year-end basis.
(15) The monthly reports prepared and
submitted under ORS 293.761 and 293.766 concerning the Public Employees
Retirement Fund and the Industrial Accident Fund may be uniformly treated as
exempt from disclosure for a period of up to 90 days after the end of the
calendar quarter.
(16) Reports of unclaimed property filed
by the holders of such property to the extent permitted by ORS 98.352.
(17) The following records, communications
and information submitted to the Oregon Economic and Community Development
Commission, the Economic and Community Development Department, the State
Department of Agriculture, the Oregon Growth Account Board, the Port of
Portland or other ports, as defined in ORS 777.005, by applicants for
investment funds, loans or services including, but not limited to, those
described in ORS 285A.224:
(a) Personal financial statements.
(b) Financial statements of applicants.
(c) Customer lists.
(d) Information of an applicant pertaining
to litigation to which the applicant is a party if the complaint has been filed,
or if the complaint has not been filed, if the applicant shows that such
litigation is reasonably likely to occur; this exemption does not apply to
litigation which has been concluded, and nothing in this paragraph shall limit
any right or opportunity granted by discovery or deposition statutes to a party
to litigation or potential litigation.
(e) Production, sales and cost data.
(f) Marketing strategy information that
relates to applicants plan to address specific markets and applicants
strategy regarding specific competitors.
(18) Records, reports or returns submitted
by private concerns or enterprises required by law to be submitted to or
inspected by a governmental body to allow it to determine the amount of any
transient lodging tax payable and the amounts of such tax payable or paid, to
the extent that such information is in a form which would permit identification
of the individual concern or enterprise. Nothing in this subsection shall limit
the use which can be made of such information for regulatory purposes or its
admissibility in any enforcement proceedings. The public body shall notify the
taxpayer of the delinquency immediately by certified mail. However, in the
event that the payment or delivery of transient lodging taxes otherwise due to
a public body is delinquent by over 60 days, the public body shall disclose,
upon the request of any person, the following information:
(a) The identity of the individual concern
or enterprise that is delinquent over 60 days in the payment or delivery of the
taxes.
(b) The period for which the taxes are
delinquent.
(c) The actual, or estimated, amount of
the delinquency.
(19) All information supplied by a person
under ORS 151.485 for the purpose of requesting appointed counsel, and all
information supplied to the court from whatever source for the purpose of
verifying the financial eligibility of a person pursuant to ORS 151.485.
(20) Workers compensation claim records
of the Department of Consumer and Business Services, except in accordance with
rules adopted by the Director of the Department of Consumer and Business
Services, in any of the following circumstances:
(a) When necessary for insurers,
self-insured employers and third party claim administrators to process workers
compensation claims.
(b) When necessary for the director, other
governmental agencies of this state or the
(c) When the disclosure is made in such a
manner that the disclosed information cannot be used to identify any worker who
is the subject of a claim.
(d) When a worker or the workers
representative requests review of the workers claim record.
(21) Sensitive business records or
financial or commercial information of the Oregon Health and
(22) Records of Oregon Health and
(23) The records of a library, including:
(a) Circulation records, showing use of
specific library material by a named person;
(b) The name of a library patron together
with the address or telephone number of the patron; and
(c) The electronic mail address of a
patron.
(24) The following records, communications
and information obtained by the Housing and Community Services Department in
connection with the departments monitoring or administration of financial
assistance or of housing or other developments:
(a) Personal and corporate financial
statements and information, including tax returns.
(b) Credit reports.
(c) Project appraisals.
(d) Market studies and analyses.
(e) Articles of incorporation, partnership
agreements and operating agreements.
(f) Commitment letters.
(g) Project pro forma statements.
(h) Project cost certifications and cost
data.
(i) Audits.
(j) Project tenant correspondence.
(k) Personal information about a tenant.
(L) Housing assistance payments.
(25) Raster geographic information system
(GIS) digital databases, provided by private forestland owners or their
representatives, voluntarily and in confidence to the State Forestry
Department, that is not otherwise required by law to be submitted.
(26) Sensitive business, commercial or
financial information furnished to or developed by a public body engaged in the
business of providing electricity or electricity services, if the information
is directly related to a transaction described in ORS 261.348, or if the
information is directly related to a bid, proposal or negotiations for the sale
or purchase of electricity or electricity services, and disclosure of the
information would cause a competitive disadvantage for the public body or its
retail electricity customers. This subsection does not apply to cost-of-service
studies used in the development or review of generally applicable rate
schedules.
(27) Sensitive business, commercial or
financial information furnished to or developed by the City of
(28) Personally identifiable information
about customers of a municipal electric utility or a peoples utility district
or the names, dates of birth, driver license numbers, telephone numbers,
electronic mail addresses or Social Security numbers of customers who receive
water, sewer or storm drain services from a public body as defined in ORS
174.109. The utility or district may release personally identifiable
information about a customer, and a public body providing water, sewer or storm
drain services may release the name, date of birth, driver license number,
telephone number, electronic mail address or Social Security number of a
customer, if the customer consents in writing or electronically, if the
disclosure is necessary for the utility, district or other public body to
render services to the customer, if the disclosure is required pursuant to a
court order or if the disclosure is otherwise required by federal or state law.
The utility, district or other public body may charge as appropriate for the
costs of providing such information. The utility, district or other public body
may make customer records available to third party credit agencies on a regular
basis in connection with the establishment and management of customer accounts
or in the event such accounts are delinquent.
(29) A record of the street and number of
an employees address submitted to a special district to obtain assistance in
promoting an alternative to single occupant motor vehicle transportation.
(30) Sensitive business records, capital
development plans or financial or commercial information of Oregon Corrections
Enterprises that is not customarily provided to business competitors.
(31) Documents, materials or other
information submitted to the Director of the Department of Consumer and
Business Services in confidence by a state, federal, foreign or international
regulatory or law enforcement agency or by the National Association of
Insurance Commissioners, its affiliates or subsidiaries under ORS 646A.250 to
646A.270, 697.005 to 697.095, 697.602 to 697.842, 705.137, 717.200 to 717.320,
717.900 or 717.905, ORS chapter 59, 722, 723, 725 or 726, the Bank Act or the
Insurance Code when:
(a) The document, material or other
information is received upon notice or with an understanding that it is
confidential or privileged under the laws of the jurisdiction that is the
source of the document, material or other information; and
(b) The director has obligated the
Department of Consumer and Business Services not to disclose the document,
material or other information.
(32) A county elections security plan
developed and filed under ORS 254.074.
(33) Information about review or approval
of programs relating to the security of:
(a) Generation, storage or conveyance of:
(A) Electricity;
(B) Gas in liquefied or gaseous form;
(C) Hazardous substances as defined in ORS
453.005 (7)(a), (b) and (d);
(D) Petroleum products;
(E) Sewage; or
(F) Water.
(b) Telecommunication systems, including
cellular, wireless or radio systems.
(c) Data transmissions by whatever means
provided.
(34) The information specified in ORS
25.020 (8) if the Chief Justice of the Supreme Court designates the information
as confidential by rule under ORS 1.002. [1987 c.373 §23e; 1987 c.764 §3; 1987
c.898 §27 (enacted in lieu of 192.500); 1989 c.6 §17; 1989 c.925 §1; 1991 c.825
§7; 1993 c.694 §27; 1993 c.817 §1; 1995 c.79 §70; 1995 c.162 §62a; 1995 c.604 §1;
1997 c.44 §1; 1997 c.559 §1; 1997 c.825 §1; 1999 c.274 §17; 1999 c.291 §24;
1999 c.379 §1; 1999 c.666 §1; 1999 c.683 §3; 1999 c.811 §2; 1999 c.855 §4; 1999
c.955 §23; 1999 c.1059 §§12,16; 2001 c.377 §§17,18; 2001 c.915 §3; 2001 c.922 §§12,13;
2001 c.962 §§80,81; 2001 c.965 §§62,63; 2003 c.14 §§90,91; 2003 c.524 §§2,3;
2003 c.733 §§49,50; 2003 c.803 §§5,6; 2005 c.397 §1; 2005 c.561 §3; 2005 c.659 §1;
2007 c.152 §1; 2007 c.181 §1; 2007 c.513 §5; 2007 c.687 §7]
Note: See first note under 192.423.
192.503 [1993 c.224 §3; repealed by 1997 c.678 §15]
192.505
Exempt and nonexempt public record to be separated. If any public record contains material which
is not exempt under ORS 192.501 and 192.502, as well as material which is
exempt from disclosure, the public body shall separate the exempt and nonexempt
material and make the nonexempt material available for examination. [1987 c.764
§4 (enacted in lieu of 192.500)]
RECORDS OF
INDIVIDUAL WITH DISABILITY OR MENTAL ILLNESS
192.515
Definitions for ORS 192.515 and 192.517. As used in this section and ORS 179.505 and 192.517:
(1) Facilities includes, but is not
limited to, hospitals, nursing homes, facilities defined in ORS 430.205, board
and care homes, homeless shelters, juvenile training schools, youth care
centers, juvenile detention centers, jails and prisons.
(2) Individual means:
(a) An individual with a developmental
disability as defined in the Developmental Disabilities Assistance and Bill of
Rights Act (42 U.S.C. 15002) as in effect on January 1, 2003;
(b) An individual with mental illness as
defined in the Protection and Advocacy for Mentally Ill Individuals Act (42
U.S.C. 10802) as in effect on January 1, 2003; or
(c) An individual with disabilities as
described in 29 U.S.C. 794e as in effect on January 1, 2006, other than:
(A) An inmate in a facility operated by
the Department of Corrections whose only disability is drug or alcohol
addiction; and
(B) A person confined in a youth
correction facility, as that term is defined in ORS 420.005, whose only
disability is drug or alcohol addiction.
(3)(a) Other legal representative means
a person who has been granted or retains legal authority to exercise an
individuals power to permit access to the individuals records.
(b) Other legal representative does not
include a legal guardian, the state or a political subdivision of this state.
(4) Records includes, but is not limited
to, reports prepared or received by any staff of a facility rendering care or
treatment, any medical examiners report, autopsy report or laboratory test
report ordered by a medical examiner, reports prepared by an agency or staff
person charged with investigating reports of incidents of abuse, neglect,
injury or death occurring at the facility that describe such incidents and the
steps taken to investigate the incidents and discharge planning records or any
information to which the individual would be entitled access, if capable. [1993
c.262 §1; 1995 c.504 §1; 2003 c.14 §92; 2003 c.803 §7; 2005 c.498 §7]
Note: 192.515 and 192.517 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.
192.517
Access to records of individual with disability or individual with mental
illness. (1) The system
designated to protect and advocate for the rights of individuals shall have
access to all records of:
(a) Any individual who is a client of the
system if the individual or the legal guardian or other legal representative of
the individual has authorized the system to have such access;
(b) Any individual, including an
individual who has died or whose whereabouts are unknown:
(A) If the individual by reason of the
individuals mental or physical condition or age is unable to authorize such
access;
(B) If the individual does not have a
legal guardian or other legal representative, or the state or a political
subdivision of this state is the legal guardian of the individual; and
(C) If a complaint regarding the rights or
safety of the individual has been received by the system or if, as a result of
monitoring or other activities which result from a complaint or other evidence,
there is probable cause to believe that the individual has been subject to
abuse or neglect; and
(c) Any individual who has a legal
guardian or other legal representative, who is the subject of a complaint of
abuse or neglect received by the system, or whose health and safety is believed
with probable cause to be in serious and immediate jeopardy if the legal
guardian or other legal representative:
(A) Has been contacted by the system upon
receipt of the name and address of the legal guardian or other legal
representative;
(B) Has been offered assistance by the
system to resolve the situation; and
(C) Has failed or refused to act on behalf
of the individual.
(2) The system shall have access to the
name, address and telephone number of any legal guardian or other legal
representative of an individual.
(3) The system that obtains access to records
under this section shall maintain the confidentiality of the records to the
same extent as is required of the provider of the services, except as provided
under the Protection and Advocacy for Mentally Ill Individuals Act (42 U.S.C.
10806) as in effect on January 1, 2003.
(4) The system shall have reasonable
access to facilities, including the residents and staff of the facilities.
(5) This section is not intended to limit
or overrule the provisions of ORS 41.675 or 441.055 (9). [1993 c.262 §2; 1995
c.504 §2; 2003 c.14 §93; 2003 c.803 §8; 2005 c.498 §8]
Note: See note under 192.515.
PROTECTED
HEALTH INFORMATION
192.518
Policy for protected health information. (1) It is the policy of the State of
(a) The right to have protected health
information of the individual safeguarded from unlawful use or disclosure; and
(b) The right to access and review
protected health information of the individual.
(2) In addition to the rights and
obligations expressed in ORS 192.518 to 192.529, the federal Health Insurance
Portability and Accountability Act privacy regulations, 45 C.F.R. parts 160 and
164, establish additional rights and obligations regarding the use and
disclosure of protected health information and the rights of individuals
regarding the protected health information of the individual. [2003 c.86 §1]
Note: 192.518 to 192.529 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.
192.519
Definitions for ORS 192.518 to 192.529. As used in ORS 192.518 to 192.529:
(1) Authorization means a document
written in plain language that contains at least the following:
(a) A description of the information to be
used or disclosed that identifies the information in a specific and meaningful
way;
(b) The name or other specific
identification of the person or persons authorized to make the requested use or
disclosure;
(c) The name or other specific
identification of the person or persons to whom the covered entity may make the
requested use or disclosure;
(d) A description of each purpose of the
requested use or disclosure, including but not limited to a statement that the
use or disclosure is at the request of the individual;
(e) An expiration date or an expiration
event that relates to the individual or the purpose of the use or disclosure;
(f) The signature of the individual or
personal representative of the individual and the date;
(g) A description of the authority of the
personal representative, if applicable; and
(h) Statements adequate to place the
individual on notice of the following:
(A) The individuals right to revoke the
authorization in writing;
(B) The exceptions to the right to revoke
the authorization;
(C) The ability or inability to condition
treatment, payment, enrollment or eligibility for benefits on whether the
individual signs the authorization; and
(D) The potential for information disclosed
pursuant to the authorization to be subject to redisclosure by the recipient
and no longer protected.
(2) Covered entity means:
(a) A state health plan;
(b) A health insurer;
(c) A health care provider that transmits
any health information in electronic form to carry out financial or
administrative activities in connection with a transaction covered by ORS
192.518 to 192.529; or
(d) A health care clearinghouse.
(3) Health care means care, services or
supplies related to the health of an individual.
(4) Health care operations includes but
is not limited to:
(a) Quality assessment, accreditation,
auditing and improvement activities;
(b) Case management and care coordination;
(c) Reviewing the competence,
qualifications or performance of health care providers or health insurers;
(d) Underwriting activities;
(e) Arranging for legal services;
(f) Business planning;
(g) Customer services;
(h) Resolving internal grievances;
(i) Creating de-identified information;
and
(j) Fundraising.
(5) Health care provider includes but is
not limited to:
(a) A psychologist, occupational
therapist, clinical social worker, professional counselor or marriage and
family therapist licensed under ORS chapter 675 or an employee of the
psychologist, occupational therapist, clinical social worker, professional
counselor or marriage and family therapist;
(b) A physician, podiatric physician and
surgeon, physician assistant or acupuncturist licensed under ORS chapter 677 or
an employee of the physician, podiatric physician and surgeon, physician
assistant or acupuncturist;
(c) A nurse or nursing home administrator
licensed under ORS chapter 678 or an employee of the nurse or nursing home
administrator;
(d) A dentist licensed under ORS chapter
679 or an employee of the dentist;
(e) A dental hygienist or denturist
licensed under ORS chapter 680 or an employee of the dental hygienist or
denturist;
(f) A speech-language pathologist or
audiologist licensed under ORS chapter 681 or an employee of the speech-language
pathologist or audiologist;
(g) An emergency medical technician
certified under ORS chapter 682;
(h) An optometrist licensed under ORS
chapter 683 or an employee of the optometrist;
(i) A chiropractic physician licensed
under ORS chapter 684 or an employee of the chiropractic physician;
(j) A naturopathic physician licensed
under ORS chapter 685 or an employee of the naturopathic physician;
(k) A massage therapist licensed under ORS
687.011 to 687.250 or an employee of the massage therapist;
(L) A direct entry midwife licensed under
ORS 687.405 to 687.495 or an employee of the direct entry midwife;
(m) A physical therapist licensed under
ORS 688.010 to 688.201 or an employee of the physical therapist;
(n) A radiologic technologist licensed
under ORS 688.405 to 688.605 or an employee of the radiologic technologist;
(o) A respiratory care practitioner
licensed under ORS 688.800 to 688.840 or an employee of the respiratory care
practitioner;
(p) A pharmacist licensed under ORS
chapter 689 or an employee of the pharmacist;
(q) A dietitian licensed under ORS 691.405
to 691.585 or an employee of the dietitian;
(r) A funeral service practitioner
licensed under ORS chapter 692 or an employee of the funeral service
practitioner;
(s) A health care facility as defined in
ORS 442.015;
(t) A home health agency as defined in ORS
443.005;
(u) A hospice program as defined in ORS
443.850;
(v) A clinical laboratory as defined in
ORS 438.010;
(w) A pharmacy as defined in ORS 689.005;
(x) A diabetes self-management program as
defined in ORS 743A.184; and
(y) Any other person or entity that
furnishes, bills for or is paid for health care in the normal course of
business.
(6) Health information means any oral or
written information in any form or medium that:
(a) Is created or received by a covered
entity, a public health authority, an employer, a life insurer, a school, a
university or a health care provider that is not a covered entity; and
(b) Relates to:
(A) The past, present or future physical
or mental health or condition of an individual;
(B) The provision of health care to an
individual; or
(C) The past, present or future payment
for the provision of health care to an individual.
(7) Health insurer means:
(a) An insurer as defined in ORS 731.106
who offers:
(A) A health benefit plan as defined in
ORS 743.730;
(B) A short term health insurance policy,
the duration of which does not exceed six months including renewals;
(C) A student health insurance policy;
(D) A Medicare supplemental policy; or
(E) A dental only policy.
(b) The Oregon Medical Insurance Pool
operated by the Oregon Medical Insurance Pool Board under ORS 735.600 to
735.650.
(8) Individually identifiable health
information means any oral or written health information in any form or medium
that is:
(a) Created or received by a covered
entity, an employer or a health care provider that is not a covered entity; and
(b) Identifiable to an individual,
including demographic information that identifies the individual, or for which there
is a reasonable basis to believe the information can be used to identify an
individual, and that relates to:
(A) The past, present or future physical
or mental health or condition of an individual;
(B) The provision of health care to an
individual; or
(C) The past, present or future payment
for the provision of health care to an individual.
(9) Payment includes but is not limited
to:
(a) Efforts to obtain premiums or
reimbursement;
(b) Determining eligibility or coverage;
(c) Billing activities;
(d) Claims management;
(e) Reviewing health care to determine
medical necessity;
(f) Utilization review; and
(g) Disclosures to consumer reporting
agencies.
(10) Personal representative includes
but is not limited to:
(a) A person appointed as a guardian under
ORS 125.305, 419B.370, 419C.481 or 419C.555 with authority to make medical and
health care decisions;
(b) A person appointed as a health care
representative under ORS 127.505 to 127.660 or a representative under ORS
127.700 to 127.737 to make health care decisions or mental health treatment
decisions;
(c) A person appointed as a personal
representative under ORS chapter 113; and
(d) A person described in ORS 192.526.
(11)(a) Protected health information
means individually identifiable health information that is maintained or
transmitted in any form of electronic or other medium by a covered entity.
(b) Protected health information does
not mean individually identifiable health information in:
(A) Education records covered by the federal
Family Educational Rights and Privacy Act (20 U.S.C. 1232g);
(B) Records described at 20 U.S.C.
1232g(a)(4)(B)(iv); or
(C) Employment records held by a covered
entity in its role as employer.
(12) State health plan means:
(a) The state Medicaid program;
(b) The Oregon State Childrens Health
Insurance Program; or
(c) The Family Health Insurance Assistance
Program established in ORS 735.720 to 735.740.
(13) Treatment includes but is not
limited to:
(a) The provision, coordination or management
of health care; and
(b) Consultations and referrals between
health care providers. [2003 c.86 §2; 2005 c.253 §1]
Note: See note under 192.518.
192.520
Health care provider and state health plan authority. A health care provider or state health plan:
(1) May use or disclose protected health
information of an individual in a manner that is consistent with an
authorization provided by the individual or a personal representative of the
individual.
(2) May use or disclose protected health
information of an individual without obtaining an authorization from the
individual or a personal representative of the individual:
(a) For the providers or plans own
treatment, payment or health care operations; or
(b) As otherwise permitted or required by
state or federal law or by order of the court.
(3) May disclose protected health
information of an individual without obtaining an authorization from the
individual or a personal representative of the individual:
(a) To another covered entity for health
care operations activities of the entity that receives the information if:
(A) Each entity has or had a relationship
with the individual who is the subject of the protected health information; and
(B) The protected health information
pertains to the relationship and the disclosure is for the purpose of:
(i) Health care operations as listed in
ORS 192.519 (4)(a) or (b); or
(ii) Health care fraud and abuse detection
or compliance;
(b) To another covered entity or any other
health care provider for treatment activities of a health care provider; or
(c) To another covered entity or any other
health care provider for the payment activities of the entity that receives
that information. [2003 c.86 §3]
Note: See note under 192.518.
192.521
Health care provider and state health plan charges. A health care provider or state health plan
that receives an authorization to disclose protected health information may
charge:
(1)(a) No more than $30 for copying 10 or
fewer pages of written material, no more than 50 cents per page for pages 11
through 50 and no more than 25 cents for each additional page; and
(b) A bonus charge of $5 if the request
for records is processed and the records are mailed by first class mail to the
requester within seven business days after the date of the request;
(2) Postage costs to mail copies of
protected health information or an explanation or summary of protected health
information, if requested by an individual or a personal representative of the
individual; and
(3) Actual costs of preparing an
explanation or summary of protected health information, if requested by an
individual or a personal representative of the individual. [2003 c.86 §4; 2007
c.812 §1]
Note: See note under 192.518.
192.522
Authorization form. A health
care provider may use an authorization that contains the following provisions
in accordance with ORS 192.520:
______________________________________________________________________________
AUTHORIZATION
TO USE AND DISCLOSE PROTECTED HEALTH
INFORMATION
I authorize: _______________
(Name of person/entity disclosing information) to use and disclose a copy of
the specific health information described below regarding: _______________ (Name
of individual) consisting of: (Describe information to be used/disclosed)
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
to: _______________
(Name and address of recipient or recipients) for the purpose of: (Describe
each purpose of disclosure or indicate that the disclosure is at the request of
the individual)
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
If the
information to be disclosed contains any of the types of records or information
listed below, additional laws relating to the use and disclosure of the
information may apply. I understand and agree that this information will be
disclosed if I place my initials in the applicable space next to the type of
information.
_____ HIV/AIDS information
_____ Mental health information
_____ Genetic testing information
_____ Drug/alcohol diagnosis, treatment, or
referral information.
I understand that
the information used or disclosed pursuant to this authorization may be subject
to redisclosure and no longer be protected under federal law. However, I also
understand that federal or state law may restrict redisclosure of HIV/AIDS
information, mental health information, genetic testing information and
drug/alcohol diagnosis, treatment or referral information.
PROVIDER INFORMATION
You do not need to
sign this authorization. Refusal to sign the authorization will not adversely
affect your ability to receive health care services or reimbursement for
services. The only circumstance when refusal to sign means you will not receive
health care services is if the health care services are solely for the purpose
of providing health information to someone else and the authorization is
necessary to make that disclosure.
You may revoke
this authorization in writing at any time. If you revoke your authorization,
the information described above may no longer be used or disclosed for the
purposes described in this written authorization. The only exception is when a
covered entity has taken action in reliance on the authorization or the
authorization was obtained as a condition of obtaining insurance coverage.
To revoke this
authorization, please send a written statement to ____________ (contact
person) at ____________ (address of person/entity disclosing information) and
state that you are revoking this authorization.
SIGNATURE
I have read this
authorization and I understand it. Unless revoked, this authorization expires ________
(insert either applicable date or event).
By: ______________________
(individual or personal representative)
Date: ____________
Description of
personal representatives authority:
___________________________
______________________________________________________________________________
[2003 c.86 §5]
Note: See note under 192.518.
192.523
Confidentiality; use and disclosure. A health care provider or a state health plan does not breach a
confidential relationship with an individual if the health care provider or
state health plan uses or discloses protected health information in accordance
with ORS 192.520. [2003 c.86 §6]
Note: See note under 192.518.
192.524
No right of action. Nothing
in ORS 192.519 or 192.520 may be construed to create a new private right of
action against a health care provider or a state health plan. [2003 c.86 §7]
Note: See note under 192.518.
192.525 [1977 c.812 §1; 1997 c.635 §1; 1999 c.537 §2;
2001 c.104 §67; repealed by 2003 c.86 §8]
192.526
Personal representative of deceased individual. If no person has been appointed as a personal
representative under ORS chapter 113 or a person appointed as a personal
representative under ORS chapter 113 has been discharged, the personal
representative of a deceased individual shall be the first of the following
persons, in the following order, who can be located upon reasonable effort by
the covered entity and who is willing to serve as the personal representative:
(1) A person appointed as guardian under
ORS 125.305, 419B.370, 419C.481 or 419C.555 with authority to make medical and
health care decisions at the time of the individuals death.
(2) The individuals spouse.
(3) An adult designated in writing by the
persons listed in this section, if no person listed in this section objects to
the designation.
(4) A majority of the adult children of
the individual who can be located.
(5) Either parent of the individual or an
individual acting in loco parentis to the individual.
(6) A majority of the adult siblings of
the individual who can be located.
(7) Any adult relative or adult friend. [2005
c.253 §3]
Note: See note under 192.518.
192.527
Allowed disclosure of protected health information by state health plan or
prepaid managed care health services organization. (1) Notwithstanding ORS 179.505, a state
health plan or a prepaid managed care health services organization may disclose
the protected health information of an individual listed in subsection (2) of
this section, without obtaining an authorization from the individual or a
personal representative of the individual, to another prepaid managed care
health services organization for treatment activities of a prepaid managed care
health services organization when the prepaid managed care health services
organization is providing behavioral or physical health care services to the
individual.
(2) The protected health information that
may be disclosed pursuant to subsection (1) of this section includes the
following, as defined by the Department of Human Services by rule:
(a) Oregon Health Plan member name;
(b) Medicaid recipient number;
(c) Performing provider number;
(d) Hospital provider name;
(e) Attending physician;
(f) Diagnosis;
(g) Date or dates of service;
(h) Procedure code;
(i) Revenue code;
(j) Quantity of units of service provided;
or
(k) Medication prescription and
monitoring.
(3) As used in this section, prepaid
managed care health services organization has the meaning given that term in
ORS 414.736. [2007 c.798 §2]
Note: See note under 192.518.
192.528
Notice to individual of information that may be disclosed under ORS 192.527. Upon an individuals enrollment in a state
health plan or a prepaid managed care health services organization, the plan or
organization shall disclose to the individual the information that may be
disclosed or exchanged under ORS 192.527. The plan or organization must obtain
a signed acknowledgment that the individual has been informed of the provisions
of this section and ORS 192.527 and the specific information that may be
disclosed or exchanged under ORS 192.527 without the individuals
authorization. [2007 c.798 §3]
Note: 192.528 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.
192.529
Allowed retention or disclosure of genetic information. (1) Notwithstanding ORS 192.537 (3), a
health care provider may retain genetic information of an individual without
obtaining an authorization from the individual or a personal representative of
the individual if the retention is for treatment, payment or health care
operations by the provider.
(2) Notwithstanding ORS 192.539 (1), a
health care provider may disclose genetic information of an individual without
obtaining an authorization from the individual or a personal representative of
the individual if the provider discloses the genetic information in accordance
with ORS 192.520 (3).
(3) As used in this section, retain
genetic information has the meaning given that term in ORS 192.531. [2007
c.800 §5]
Note: See note under 192.518.
192.530 [1977 c.812 §2; 1995 c.79 §71; repealed by
2003 c.86 §8]
GENETIC PRIVACY
192.531
Definitions for ORS 192.531 to 192.549. As used in ORS 192.531 to 192.549:
(1) Anonymous research means scientific
or medical genetic research conducted in such a manner that any DNA sample or
genetic information used in the research is unidentified.
(2) Blanket informed consent means that
the individual has consented to the use of the individuals DNA sample or
health information for any future research, but has not been provided with a
description of or consented to the use of the sample in genetic research or any
specific genetic research project.
(3) Blood relative means a person who
is:
(a) Related by blood to an individual; and
(b) A parent, sibling, son, daughter,
grandparent, grandchild, aunt, uncle, first cousin, niece or nephew of the
individual.
(4) Clinical means relating to or
obtained through the actual observation, diagnosis or treatment of patients and
not through research.
(5) Coded means identifiable only
through the use of a system of encryption that links a DNA sample or genetic
information to an individual or the individuals blood relative. A coded DNA
sample or genetic information is supplied by a repository to an investigator
with a system of encryption.
(6) Deidentified means lacking, or
having had removed, the identifiers or system of encryption that would make it
possible for a person to link a DNA sample or genetic information to an
individual or the individuals blood relative, and neither the investigator nor
the repository can reconstruct the identity of the individual from whom the
sample or information was obtained. Deidentified DNA samples and genetic
information must meet the standards provided in 45 C.F.R. 164.502(d) and
164.514(a) to (c), as in effect on July 17, 2007.
(7) Disclose means to release, publish
or otherwise make known to a third party a DNA sample or genetic information.
(8) DNA means deoxyribonucleic acid.
(9) DNA sample means any human
biological specimen that is obtained or retained for the purpose of extracting
and analyzing DNA to perform a genetic test. DNA sample includes DNA
extracted from the specimen.
(10) Genetic characteristic includes a
gene, chromosome or alteration thereof that may be tested to determine the
existence or risk of a disease, disorder, trait, propensity or syndrome, or to
identify an individual or a blood relative. Genetic characteristic does not
include family history or a genetically transmitted characteristic whose
existence or identity is determined other than through a genetic test.
(11) Genetic information means
information about an individual or the individuals blood relatives obtained
from a genetic test.
(12) Genetic privacy statutes means ORS
192.531 to 192.549, 659A.303 and 746.135 and the provisions of ORS 659A.300
relating to genetic testing.
(13) Genetic research means research
using DNA samples, genetic testing or genetic information.
(14) Genetic test means a test for
determining the presence or absence of genetic characteristics in an individual
or the individuals blood relatives, including tests of nucleic acids such as
DNA, RNA and mitochondrial DNA, chromosomes or proteins in order to diagnose or
determine a genetic characteristic.
(15) Health care provider has the
meaning given that term in ORS 192.519.
(16) Identifiable means capable of being
linked to the individual or a blood relative of the individual from whom the
DNA sample or genetic information was obtained.
(17) Identified means having an
identifier that links, or that could readily allow the recipient to link, a DNA
sample or genetic information directly to the individual or a blood relative of
the individual from whom the sample or information was obtained.
(18) Identifier means data elements that
directly link a DNA sample or genetic information to the individual or a blood
relative of the individual from whom the sample or information was obtained.
Identifiers include, but are not limited to, names, telephone numbers,
electronic mail addresses, Social Security numbers, driver license numbers and
fingerprints.
(19) Individually identifiable health
information has the meaning given that term in ORS 192.519.
(20) Obtain genetic information means
performing or getting the results of a genetic test.
(21) Person has the meaning given in ORS
433.045.
(22) Research means a systematic
investigation, including research development, testing and evaluation, designed
to develop or contribute to generalized knowledge.
(23) Retain a DNA sample means the act
of storing the DNA sample.
(24) Retain genetic information means
making a record of the genetic information.
(25) Unidentified means deidentified or
not identifiable. [Formerly 659.700; 2003 c.333 §1; 2005 c.678 §1; 2007 c.800 §6]
Note: 192.531 to 192.549 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.
192.533
Legislative findings; purposes.
(1) The Legislative Assembly finds that:
(a) The DNA molecule contains information
about the probable medical future of an individual and the individuals blood
relatives. This information is written in a code that is rapidly being broken.
(b) Genetic information is uniquely
private and personal information that generally should not be collected,
retained or disclosed without the individuals authorization.
(c) The improper collection, retention or
disclosure of genetic information can lead to significant harm to an individual
and the individuals blood relatives, including stigmatization and
discrimination in areas such as employment, education, health care and
insurance.
(d) An analysis of an individuals DNA
provides information not only about the individual, but also about blood
relatives of the individual, with the potential for impacting family privacy,
including reproductive decisions.
(e) Current legal protections for medical
information, tissue samples and DNA samples are inadequate to protect genetic
privacy.
(f) Laws for the collection, storage and
use of identifiable DNA samples and private genetic information obtained from
those samples are needed both to protect individual and family privacy and to
permit and encourage legitimate scientific and medical research.
(2) The purposes of the genetic privacy
statutes are as follows:
(a) To define the rights of individuals
whose genetic information is collected, retained or disclosed and the rights of
the individuals blood relatives.
(b) To define the circumstances under
which an individual may be subjected to genetic testing.
(c) To define the circumstances under
which an individuals genetic information may be collected, retained or
disclosed.
(d) To protect against discrimination by
an insurer or employer based upon an individuals genetic characteristics.
(e) To define the circumstances under
which a DNA sample or genetic information may be used for research. [Formerly
659.705; 2003 c.333 §2]
Note: See note under 192.531.
192.535
Informed consent for obtaining genetic information. (1) A person may not obtain genetic
information from an individual, or from an individuals DNA sample, without
first obtaining informed consent of the individual or the individuals
representative, except:
(a) As authorized by ORS 181.085 or
comparable provisions of federal criminal law relating to the identification of
persons, or for the purpose of establishing the identity of a person in the
course of an investigation conducted by a law enforcement agency, a district
attorney, a medical examiner or the Criminal Justice Division of the Department
of Justice;
(b) For anonymous research or coded
research conducted under conditions described in ORS 192.537 (2), after
notification pursuant to ORS 192.538 or pursuant to ORS 192.547 (7)(b);
(c) As permitted by rules of the
Department of Human Services for identification of deceased individuals;
(d) As permitted by rules of the Department
of Human Services for newborn screening procedures;
(e) As authorized by statute for the
purpose of establishing paternity; or
(f) For the purpose of furnishing genetic
information relating to a decedent for medical diagnosis of blood relatives of
the decedent.
(2) Except as provided in subsection (3)
of this section, a physician licensed under ORS chapter 677 shall seek the
informed consent of the individual or the individuals representative for the
purposes of subsection (1) of this section in the manner provided by ORS
677.097. Except as provided in subsection (3) of this section, any other
licensed health care provider or facility must seek the informed consent of the
individual or the individuals representative for the purposes of subsection
(1) of this section in a manner substantially similar to that provided by ORS
677.097 for physicians.
(3) A person conducting research shall
seek the informed consent of the individual or the individuals representative
for the purposes of subsection (1) of this section in the manner provided by
ORS 192.547.
(4) Except as provided in ORS 746.135 (1),
any person not described in subsection (2) or (3) of this section must seek the
informed consent of the individual or the individuals representative for the
purposes of subsection (1) of this section in the manner provided by rules
adopted by the Department of Human Services.
(5) The Department of Human Services may
not adopt rules under subsection (1)(d) of this section that would require the
providing of a DNA sample for the purpose of obtaining complete genetic
information used to screen all newborns. [Formerly 659.710; 2003 c.333 §3; 2005
c.678 §2]
Note: See note under 192.531.
192.537
Individuals rights in genetic information; retention of information; destruction
of information. (1) Subject
to the provisions of ORS 192.531 to 192.549, 659A.303 and 746.135, an
individuals genetic information and DNA sample are private and must be
protected, and an individual has a right to the protection of that privacy. Any
person authorized by law or by an individual or an individuals representative
to obtain, retain or use an individuals genetic information or any DNA sample
must maintain the confidentiality of the information or sample and protect the
information or sample from unauthorized disclosure or misuse.
(2)(a) A person may use an individuals
DNA sample or genetic information that is derived from a biological specimen or
clinical individually identifiable health information for anonymous research or
coded research only if the individual:
(A) Has granted informed consent for the
specific anonymous research or coded research project;
(B) Has granted consent for genetic
research generally;
(C) Was notified in accordance with ORS
192.538 that the individuals biological specimen or clinical individually
identifiable health information may be used for anonymous research or coded
research and the individual did not, at the time of notification, request that
the biological specimen or clinical individually identifiable health
information not be used for anonymous research or coded research; or
(D) Was not notified, due to emergency
circumstances, in accordance with ORS 192.538 that the individuals biological
specimen or clinical individually identifiable health information may be used
for anonymous research or coded research and the individual died before
receiving the notice.
(b) Paragraph (a) of this subsection does
not apply to biological specimens or clinical individually identifiable health
information obtained before July 29, 2005, if an institutional review board
operating under ORS 192.547 (1)(b) meets the requirements described in ORS
192.547 (7)(b).
(3) A person may not retain another
individuals genetic information or DNA sample without first obtaining
authorization from the individual or the individuals representative, unless:
(a) Retention is authorized by ORS 181.085
or comparable provisions of federal criminal law relating to identification of
persons, or is necessary for the purpose of a criminal or death investigation,
a criminal or juvenile proceeding, an inquest or a child fatality review by a
county multidisciplinary child abuse team;
(b) Retention is authorized by specific
court order pursuant to rules adopted by the Chief Justice of the Supreme Court
for civil actions;
(c) Retention is permitted by rules of the
Department of Human Services for identification of, or testing to benefit blood
relatives of, deceased individuals;
(d) Retention is permitted by rules of the
Department of Human Services for newborn screening procedures; or
(e) Retention is for anonymous research or
coded research conducted after notification or with consent pursuant to
subsection (2) of this section or ORS 192.538.
(4) The DNA sample of an individual from
which genetic information has been obtained shall be destroyed promptly upon
the specific request of that individual or the individuals representative,
unless:
(a) Retention is authorized by ORS 181.085
or comparable provisions of federal criminal law relating to identification of
persons, or is necessary for the purpose of a criminal or death investigation,
a criminal or juvenile proceeding, an inquest or a child fatality review by a
county multidisciplinary child abuse team;
(b) Retention is authorized by specific
court order pursuant to rules adopted by the Chief Justice of the Supreme Court
for civil actions; or
(c) Retention is for anonymous research or
coded research conducted after notification or with consent pursuant to
subsection (2) of this section or ORS 192.538.
(5) A DNA sample from an individual that
is the subject of a research project, other than an anonymous research project,
shall be destroyed promptly upon completion of the project or withdrawal of the
individual from the project, whichever occurs first, unless the individual or
the individuals representative directs otherwise by informed consent.
(6) A DNA sample from an individual for
insurance or employment purposes shall be destroyed promptly after the purpose
for which the sample was obtained has been accomplished unless retention is
authorized by specific court order pursuant to rules adopted by the Chief
Justice of the Supreme Court for civil, criminal and juvenile proceedings.
(7) An individual or an individuals
representative, promptly upon request, may inspect, request correction of and
obtain genetic information from the records of the individual.
(8) Subject to the provisions of ORS
192.531 to 192.549, and to policies adopted by the person in possession of a
DNA sample, an individual or the individuals representative may request that
the individuals DNA sample be made available for additional genetic testing
for medical diagnostic purposes. If the individual is deceased and has not
designated a representative to act on behalf of the individual after death, a
request under this subsection may be made by the closest surviving blood
relative of the decedent or, if there is more than one surviving blood relative
of the same degree of relationship to the decedent, by the majority of the
surviving closest blood relatives of the decedent.
(9) The Department of Human Services shall
coordinate the implementation of this section.
(10) Subsections (3) to (8) of this
section apply only to a DNA sample or genetic information that is coded,
identified or identifiable.
(11) This section does not apply to any
law, contract or other arrangement that determines a persons rights to
compensation relating to substances or information derived from an individuals
DNA sample. [Formerly 659.715; 2003 c.333 §4; 2005 c.562 §21; 2005 c.678 §3]
Note: Section 10, chapter 333, Oregon Laws 2003,
provides:
Sec.
10. Notwithstanding ORS
192.537 (2)(a)(C), a person may use an individuals DNA sample or genetic
information for anonymous research if the DNA sample or genetic information was
obtained prior to the effective date of this 2003 Act [June 12, 2003] and the
individual was not notified the sample or genetic information may be used for
anonymous research. [2003 c.333 §10]
Note: See note under 192.531.
192.538
Notice by health care provider regarding anonymous or coded research. (1) A health care provider that is a covered
entity as defined in ORS 192.519 (2)(c) and that obtains an individuals
biological specimen or clinical individually identifiable health information
shall notify the individual that the biological specimen or clinical
individually identifiable health information may be disclosed or retained by
the provider for anonymous research or coded research.
(2) A health care provider that is not a
covered entity as defined in ORS 192.519 (2)(c) and that obtains an individuals
biological specimen or clinical individually identifiable health information
may notify the individual that the biological specimen or clinical individually
identifiable health information may be disclosed or retained by the provider
for anonymous research or coded research.
(3) A health care provider described in
subsection (1) of this section shall provide a notice to the individual
describing how the biological specimen or clinical individually identifiable
health information may be used and allowing the individual to request that the
specimen or information not be disclosed or retained for anonymous research or
coded research. The notice must contain a place where the individual may mark
the individuals request that the specimen or information not be disclosed or
retained for anonymous research or coded research before returning the notice
to the health care provider.
(4) The notice described in subsection (3)
of this section:
(a) Must be given no later than when the
provider obtains an individuals biological specimen or clinical individually
identifiable health information; and
(b) May be given at the same time and in
the same manner as the notice of privacy practices required under the federal
Health Insurance Portability and Accountability Act privacy regulations, 45
C.F.R. parts 160 and 164. [2005 c.678 §5]
Note: See note under 192.531.
192.539
Disclosure of genetic information; exceptions. (1) Regardless of the manner of receipt or
the source of genetic information, including information received from an
individual or a blood relative of the individual, a person may not disclose or
be compelled, by subpoena or any other means, to disclose the identity of an
individual upon whom a genetic test has been performed or the identity of a
blood relative of the individual, or to disclose genetic information about the
individual or a blood relative of the individual in a manner that permits
identification of the individual, unless:
(a) Disclosure is authorized by ORS
181.085 or comparable provisions of federal criminal law relating to
identification of persons, or is necessary for the purpose of a criminal or
death investigation, a criminal or juvenile proceeding, an inquest, or a child
fatality review by a county multidisciplinary child abuse team;
(b) Disclosure is required by specific
court order entered pursuant to rules adopted by the Chief Justice of the
Supreme Court for civil actions;
(c) Disclosure is authorized by statute
for the purpose of establishing paternity;
(d) Disclosure is specifically authorized
by the tested individual or the tested individuals representative by signing a
consent form prescribed by rules of the Department of Human Services;
(e) Disclosure is for the purpose of
furnishing genetic information relating to a decedent for medical diagnosis of
blood relatives of the decedent; or
(f) Disclosure is for the purpose of
identifying bodies.
(2) The prohibitions of this section apply
to any redisclosure by any person after another person has disclosed genetic
information or the identity of an individual upon whom a genetic test has been
performed, or has disclosed genetic information or the identity of a blood
relative of the individual.
(3) A release or publication is not a
disclosure if:
(a) It involves a good faith belief by the
person who caused the release or publication that the person was not in
violation of this section;
(b) It is not due to willful neglect;
(c) It is corrected in the manner
described in ORS 192.541 (4);
(d) The correction with respect to genetic
information is completed before the information is read or heard by a third
party; and
(e) The correction with respect to DNA
samples is completed before the sample is retained or genetically tested by a
third party. [Formerly 659.720; 2005 c.562 §22]
Note: See note under 192.531.
192.540
Use of deceased individuals DNA sample or genetic information for research. Notwithstanding ORS 192.535 and 192.537 (2),
a person may use an individuals DNA sample or genetic information that is
derived from a biological specimen or clinical individually identifiable health
information for anonymous research or coded research if the individual was
deceased when the individuals biological specimen or clinical individually
identifiable health information was obtained. [2005 c.678 §8]
Note: See note under 192.531.
192.541
Private right of action; remedies; affirmative defense; attorney fees. (1) An individual or an individuals blood
relative, representative or estate may bring a civil action against any person
who violates ORS 192.535, 192.537, 192.539 or 192.547.
(2) For a violation of ORS 192.537 or
192.547, the court shall award the greater of actual damages or:
(a) $100, for an inadvertent violation
that does not arise out of the negligence of the defendant;
(b) $500, for a negligent violation;
(c) $10,000, for a knowing or reckless
violation;
(d) $15,000, for a knowing violation based
on a fraudulent misrepresentation; or
(e) $25,000, for a knowing violation
committed with intent to sell, transfer or use for commercial advantage,
personal gain or malicious harm.
(3) For a violation of ORS 192.535 or
192.539, the court shall award the greater of actual damages or:
(a) $1,000, for an inadvertent violation
that does not arise out of the negligence of the defendant;
(b) $5,000, for a negligent violation;
(c) $100,000, for a knowing or reckless
violation;
(d) $150,000, for a knowing violation
based on a fraudulent misrepresentation; or
(e) $250,000, for a knowing violation
committed with intent to sell, transfer or use for commercial advantage,
personal gain or malicious harm.
(4) It is an affirmative defense to an
action described in subsection (2)(a) or (b) or (3)(a) or (b) of this section
that the defendant corrected the violation through destruction of illegally
retained or obtained samples or information, or took other action to correct
the violation, if the correction was completed within 120 days after the defendant
knew or should have known that the violation occurred.
(5) The court may provide such equitable
relief as it deems necessary or proper.
(6)(a) The court may award attorney fees
to a defendant only if the court finds that the plaintiff had no objectively
reasonable basis for asserting a claim or for appealing an adverse decision of
the trial court.
(b) The court shall award attorney fees to
a plaintiff if the court finds that the defendant committed a violation
described in subsection (2)(c), (d) or (e) or (3)(c), (d) or (e) of this
section.
(7) An action authorized by subsection (1)
of this section must be commenced within three years after the date the
plaintiff knew or should have known of the violation, but in no instance more
than 10 years after the date of the violation.
(8) A plaintiff may recover damages
provided by subsections (2) and (3) of this section for each violation by a
defendant.
(9) ORS 31.725, 31.730, 31.735 and 31.740
do not apply to amounts awarded in actions under this section. [2001 c.588 §2]
Note: See note under 192.531.
192.543
Criminal penalty. (1) A
person commits the crime of unlawfully obtaining, retaining or disclosing
genetic information if the person knowingly, recklessly or with criminal
negligence, as those terms are defined in ORS 161.085, obtains, retains or
discloses genetic information in violation of ORS 192.531 to 192.549.
(2) Unlawfully obtaining, retaining or
disclosing genetic information is a Class A misdemeanor. [2001 c.588 §3]
Note: See note under 192.531.
192.545
Enforcement; Attorney General or district attorney; intervention. (1) The Attorney General or a district
attorney may bring an action against a person who violates ORS 192.535,
192.537, 192.539 or 192.547. In addition to remedies otherwise provided in ORS
192.541, the court shall award to the Attorney General or district attorney the
costs of the investigation.
(2) The Attorney General may intervene in
a civil action brought under ORS 192.541 if the Attorney General certifies
that, in the opinion of the Attorney General, the action is of general public
importance. In the action, the Attorney General shall be entitled to the same
relief as if the Attorney General instituted the action under this section. [2001
c.588 §4]
Note: See note under 192.531.
192.547
Department of Human Services rules; procedures. (1)(a) The Department of Human Services
shall adopt rules for conducting research using DNA samples, genetic testing
and genetic information. Rules establishing minimum research standards shall
conform to the Federal Policy for the Protection of Human Subjects, 45 C.F.R.
46, that is current at the time the rules are adopted. The rules may be changed
from time to time as may be necessary.
(b) The rules adopted by the Department of
Human Services shall address the operation and appointment of institutional
review boards. The rules shall conform to the compositional and operational
standards for such boards contained in the Federal Policy for the Protection of
Human Subjects that is current at the time the rules are adopted. The rules
must require that research conducted under paragraph (a) of this subsection be
conducted with the approval of the institutional review board.
(c) Persons proposing to conduct anonymous
research, coded research or genetic research that is otherwise thought to be
exempt from review must obtain from an institutional review board prior to
conducting such research a determination that the proposed research is exempt
from review.
(2) A person proposing to conduct research
under subsection (1) of this section, including anonymous research or coded
research, must disclose to the institutional review board the proposed use of
DNA samples, genetic testing or genetic information.
(3) The Department of Human Services shall
adopt rules requiring that all institutional review boards operating under
subsection (1)(b) of this section register with the department. The Advisory
Committee on Genetic Privacy and Research shall use the registry to educate
institutional review boards about the purposes and requirements of the genetic
privacy statutes and administrative rules relating to genetic research.
(4) The Department of Human Services shall
consult with the Advisory Committee on Genetic Privacy and Research before
adopting the rules required under subsections (1) and (3) of this section,
including rules identifying those parts of the Federal Policy for the
Protection of Human Subjects that are applicable to this section.
(5) Genetic research in which the DNA
sample or genetic information is coded shall satisfy the following
requirements:
(a)(A) The subject has granted informed
consent for the specific research project;
(B) The subject has consented to genetic
research generally; or
(C) The DNA sample or genetic information is
derived from a biological specimen or from clinical individually identifiable
health information that was obtained or retained in compliance with ORS 192.537
(2).
(b) The research has been approved by an
institutional review board after disclosure by the investigator to the board of
risks associated with the coding.
(c) The code is:
(A) Not derived from individual
identifiers;
(B) Kept securely and separately from the
DNA samples and genetic information; and
(C) Not accessible to the investigator unless
specifically approved by the institutional review board.
(d) Data is stored securely in password
protected electronic files or by other means with access limited to necessary
personnel.
(e) The data is limited to elements
required for analysis and meets the criteria in 45 C.F.R 164.514(e) for a
limited data set.
(f) The investigator is a party to the
data use agreement as provided by 45 C.F.R. 164.514(e) for limited data set
recipients.
(6) Research conducted in accordance with
this section is rebuttably presumed to comply with ORS 192.535 and 192.539.
(7)(a) Notwithstanding ORS 192.535, a
person may use a DNA sample or genetic information obtained, with blanket
informed consent, before June 25, 2001, for genetic research.
(b) Notwithstanding ORS 192.535, a person
may use a DNA sample or genetic information obtained without specific informed
consent and derived from a biological specimen or clinical individually
identifiable health information for anonymous research or coded research if an
institutional review board operating under subsection (1)(b) of this section:
(A) Waives or alters the consent
requirements pursuant to the Federal Policy for the Protection of Human
Subjects; and
(B) Waives authorization pursuant to the
federal Health Insurance Portability and Accountability Act privacy
regulations, 45 C.F.R. parts 160 and 164.
(c) Except as provided in subsection
(5)(a) of this section or paragraph (b) of this subsection, a person must have
specific informed consent from an individual to use a DNA sample or genetic
information of the individual obtained on or after June 25, 2001, for genetic
research.
(8) Except as otherwise allowed by rule of
the Department of Human Services, if DNA samples or genetic information
obtained for either clinical or research purposes is used in research, a person
may not recontact the individual or the individuals physician by using
research information that is identifiable or coded. The Department of Human
Services shall adopt by rule criteria for recontacting an individual or an
individuals physician. In adopting the criteria, the department shall consider
the recommendations of national organizations such as those created by
executive order by the President of the
(9) The requirements for consent to, or
notification of, obtaining a DNA sample or genetic information for genetic
research are governed by the provisions of ORS 192.531 to 192.549 and the
administrative rules that were in effect on the effective date of the
institutional review boards most recent approval of the study. [2001 c.588 §6;
2003 c.333 §5; 2005 c.678 §6]
Note: See note under 192.531.
192.549
Advisory Committee on Genetic Privacy and Research. (1) The Advisory Committee on Genetic
Privacy and Research is established consisting of 15 members. The President of
the Senate and the Speaker of the House of Representatives shall each appoint
one member and one alternate. The Director of Human Services shall appoint one
representative and one alternate from each of the following categories:
(a) Academic institutions involved in
genetic research;
(b) Physicians licensed under ORS chapter
677;
(c) Voluntary organizations involved in
the development of public policy on issues related to genetic privacy;
(d) Hospitals;
(e) The Department of Human Services;
(f) The Department of Consumer and
Business Services;
(g) Health care service contractors
involved in genetic and health services research;
(h) The biosciences industry;
(i) The pharmaceutical industry;
(j) Health care consumers;
(k) Organizations advocating for privacy
of medical information;
(L) Public members of institutional review
boards; and
(m) Organizations or individuals promoting
public education about genetic research and genetic privacy and public
involvement in policymaking related to genetic research and genetic privacy.
(2) Organizations and individuals
representing the categories listed in subsection (1) of this section may recommend
nominees for membership on the advisory committee to the President, the Speaker
and the director.
(3) Members and alternate members of the
advisory committee serve two-year terms and may be reappointed.
(4) Members and alternate members of the
advisory committee serve at the pleasure of the appointing entity.
(5) The Department of Human Services shall
provide staff for the advisory committee.
(6) The advisory committee shall report
biennially to the Legislative Assembly in the manner provided by ORS 192.245.
The report shall include the activities and the results of any studies
conducted by the advisory committee. The advisory committee may make any
recommendations for legislative changes deemed necessary by the advisory
committee.
(7) The advisory committee shall study the
use and disclosure of genetic information and shall develop and refine a legal
framework that defines the rights of individuals whose DNA samples and genetic
information are collected, stored, analyzed and disclosed.
(8) The advisory committee shall create
opportunities for public education on the scientific, legal and ethical
development within the fields of genetic privacy and research. The advisory
committee shall also elicit public input on these matters. The advisory committee
shall make reasonable efforts to obtain public input that is representative of
the diversity of opinion on this subject. The advisory committees
recommendations to the Legislative Assembly shall take into consideration
public concerns and values related to these matters. [2001 c.588 §7; 2003 c.333
§6]
Note: See note under 192.531.
PRIVATE FINANCIAL
RECORDS
192.550
Definitions for ORS 192.550 to 192.595. As used in ORS 192.550 to 192.595:
(1) Customer means any person,
partnership, limited partnership, corporation, trust or other legal entity, 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) A financial institution as defined
in ORS 706.008; or
(b) A trust company as 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 such an institution.
(4) Local agency means every county,
city, school district, municipal organization, district, political subdivision;
or any board, commission or agency thereof; or any other local public agency;
and every officer, agent or employee thereof.
(5) State agency means every state
office, department, division, bureau, board or commission or other state
agency, including the Legislative Assembly and every officer, agent or employee
thereof.
(6) Summons or subpoena means an
administrative summons or administrative subpoena issued by any state or local
agency, or a judicial subpoena or subpoena duces tecum. [1977 c.517 §1; 1985
c.762 §180; 1987 c.373 §24; 1987 c.414 §146; 1997 c.631 §422; 2003 c.803 §9;
2005 c.130 §1]
192.555
Disclosure of financial records prohibited; exceptions. (1) Except as provided in ORS 192.557,
192.559, 192.560, 192.565, 192.570 and 192.585 or as required by ORS 25.643 and
25.646 and the Uniform Disposition of Unclaimed Property Act, ORS 98.302 to
98.436 and 98.992:
(a) No financial institution shall provide
any financial records of any customer to a state or local agency.
(b) No state or local agency shall request
or receive from a financial institution any financial records of customers.
(2) Subsection (1) of this section shall
not preclude a financial institution, in its discretion, from initiating
contact with, and thereafter communicating with and disclosing customer
financial records to:
(a) Appropriate state or local agencies
concerning any suspected violation of the law.
(b) The office of the State Treasurer if
the records relate to state investments in commercial mortgages involving the
customer. The records and the information contained therein are public records
but shall be exempt from disclosure under ORS 192.410 to 192.505 unless the
public interest in disclosure clearly outweighs the public interest in
confidentiality. However, the following records in the office shall remain open
to public inspection:
(A) The contract or promissory note
establishing a directly held residential or commercial mortgage and information
identifying collateral;
(B) Any copy the office retains of the
underlying mortgage note in which the office purchases a participation
interest; and
(C) Any information showing that a
directly held loan is in default.
(c) An appropriate state or local agency
in connection with any business relationship or transaction between the
financial institution and the customer, if the disclosure is made in the
ordinary course of business of the financial institution and will further the
legitimate business interests of the customer or the financial institution.
(3) Nothing in ORS 192.550 to 192.595
prohibits any of the following:
(a) The dissemination of any financial
information which is not identified with, or identifiable as being derived
from, the financial records of a particular customer.
(b) The examination by, or disclosure to,
the Department of Consumer and Business Services of financial records which
relate solely to the exercise of its supervisory function. The scope of the
departments supervisory function shall be determined by reference to statutes
which grant authority to examine, audit, or require reports of financial
records or financial institutions.
(c) The furnishing to the Department of
Revenue of information by the financial institution, whether acting as
principal or agent, as required by ORS 314.360.
(d) Compliance with the provisions of ORS
708A.655, 722.660 or 723.844.
(4) Notwithstanding subsection (1) of this
section, a financial institution may:
(a) Enter into an agreement with the
Oregon State Bar that requires the financial institution to make reports to the
Oregon State Bar whenever a properly payable instrument is presented for
payment out of an attorney trust account that contains insufficient funds,
whether or not the instrument is honored by the financial institution; and
(b) Submit reports to the Oregon State Bar
concerning instruments presented for payment out of an attorney trust account
under a trust account overdraft notification program established under ORS
9.132. [1977 c.517 §§2, 8 (1); 1985 c.565 §24; 1987 c.373 §25; 1987 c.438 §4;
1993 c.131 §3; 1993 c.274 §1; 1993 c.695 §1; 1997 c.142 §1; 1999 c.80 §68; 1999
c.506 §5]
192.557
Disclosure to Department of Human Services; procedure; limitations. (1) Upon the request of the Department of
Human Services and the receipt of the certification required under subsection
(2) of this section, a financial institution shall advise whether a person has
one or more accounts with the financial institution, and if so, the balance on
deposit in each such account on the date this information is provided.
(2) In requesting information under
subsection (1) of this section, the department shall specify the name and
Social Security number of the person upon whom the account information is
sought, and shall certify to the financial institution in writing, signed by an
agent of the department:
(a) That the person upon whom account
information is sought is an applicant for or recipient of public assistance, as
described in ORS 411.010 to 411.116; and
(b) That the department has authorization
from the person for release of the account information.
(3) Any financial institution supplying
account information under ORS 192.550 to 192.557 and 411.632 shall be
reimbursed for actual costs incurred.
(4) No financial institution that supplies
account information to the department pursuant to this section shall be liable
to any person for any loss, damage or injury arising out of or in any way
pertaining to the disclosure of account information under this section.
(5) Each financial institution that is
requested to supply account information under this section may specify to the
department that requests for account information and responses from the
financial institution shall be submitted in written, tape or electronic format.
A reasonable time shall be provided the financial institution for response.
(6) The department shall seek account
information under this section only with respect to persons who are applicants
for or recipients of public assistance as described in ORS 411.010 to 411.116. [1987
c.438 §2; 1999 c.80 §69; 2003 c.73 §59]
192.559
Disclosure to state court; procedure; limitations. (1) Upon the request of a state court and
the receipt of the certification required under subsection (2) of this section,
a financial institution shall advise whether a person has one or more accounts
with the financial institution and, if so, the balance on deposit in each such
account on the date this information is provided and a record of the accounts
activity for at least the prior 30 days, which may include the current and
previous account statement period.
(2) In requesting information under
subsection (1) of this section, the state court shall specify the name and
Social Security number of the person about whom the account information is
sought, and shall certify to the financial institution in writing, signed by an
agent of the state court, that the person about whom account information is
sought has requested appointed counsel or that appointed counsel has been
provided for the person. In addition, the state court shall forward to the
financial institution a certification signed by the person about whom account
information is sought that authorizes the release of the account information.
(3) Any financial institution supplying
account information under this section shall be reimbursed for reasonable costs
incurred.
(4) No financial institution that supplies
account information to a state court pursuant to this section is liable to any
person for any loss, damage or injury arising out of or in any way pertaining
to the disclosure of account information under this section.
(5) Each financial institution that is
requested to supply account information under this section may specify to the
state court that requests for account information and responses from the
financial institution shall be submitted in written, tape or electronic format.
The financial institution shall respond to the request within three business
days.
(6) The state court may seek account
information only with respect to persons who have requested appointed counsel
or who have had counsel appointed by the court. [1991 c.825 §2; 1993 c.274 §2;
2001 c.962 §82]
192.560
Authorization by customer for disclosure. (1) A financial institution may disclose financial records of a
customer to a state or local agency, and such an agency may request and receive
such records, when the customer has authorized such disclosure as provided in
this section.
(2) The authorization of disclosure shall:
(a) Be in writing, signed and dated by the
customer;
(b) Identify with particularity the
records authorized to be disclosed;
(c) Name the agency to whom disclosure is
authorized;
(d) Contain notice to the customer that
the customer may revoke such authorization at any time in writing; and
(e) Inform the customer as to the reason
for such request and disclosure.
(3) No financial institution shall require
a customer to sign an authorization for disclosure as a condition of doing
business with such institution. [1977 c.517 §3]
192.565
Disclosure under summons or subpoena; procedure. (1) A financial institution may disclose
financial records of a customer to a state or local agency, and a state or
local agency may request and receive such records, pursuant to a lawful summons
or subpoena, served upon the financial institution, as provided in this section
or ORS chapter 25.
(2) The state or local agency issuing such
summons or subpoena shall make personal service of a copy of it upon the
customer.
(3) The summons or subpoena shall name the
agency issuing it, and shall specify the statutory authority under which the
financial records are being obtained.
(4) The summons or subpoena shall state
that service of a copy thereof has been made upon the customer, and shall state
the date upon which service was accomplished.
(5) Except as provided in subsection (6)
of this section, a financial institution shall not disclose the financial
records of a customer to a state or local agency, in response to a summons or
subpoena served upon it, for a period of 10 days following service of a copy
thereof upon the customer, unless the customer has consented to earlier
disclosure. If the customer moves to quash such summons or subpoena, and the
financial institution receives written notice of such action from the customer,
all within 10 days following the date upon which a copy of the summons or
subpoena was served upon the customer, the financial institution shall not
disclose the financial records of said customer pursuant to said summons or
subpoena unless:
(a) The customer thereafter consents in
writing to the disclosure; or
(b) A court orders disclosure of the
financial records to the state or local agency, pursuant to the summons or
subpoena.
(6) Pursuant to the issuance of a summons
or subpoena, a state or local agency may petition the court, and the court,
upon a showing of reasonable cause to believe that a law subject to the
jurisdiction of the petitioning agency has been or is about to be violated, may
order that service upon the customer pursuant to subsection (2) of this
section, information concerning such service required by subsection (4) of this
section, and the 10-day period provided for in subsection (5) of this section
be waived or shortened.
(7) Where the court grants such petition,
a copy of the court order granting the same shall be attached to the summons or
subpoena, and shall therewith be served upon the financial institution.
(8) The provisions of subsections (2) to
(7) of this section do not apply to subpoenas issued pursuant to ORS chapter
25. [1977 c.517 §4; 1999 c.80 §30]
192.570
Disclosure under search warrant. (1) A financial institution may disclose financial records of a
customer to a state or local agency, and a state or local agency may request
and receive such records, pursuant to a lawful search warrant, as provided in
this section.
(2) The content of the search warrant
shall conform to the requirements of ORS 133.565.
(3) The state or local agency seeking
financial records shall make personal service of the search warrant upon the
financial institution in the manner provided by law for service of a subpoena.
(4) Disclosure of financial records may
occur as soon as the warrant is served upon the financial institution. [1977
c.517 §5]
192.575
Liability of financial institution for disclosure. (1) Nothing in ORS 192.550 to 192.595 shall
require a financial institution to inquire or determine that those seeking
disclosure have duly complied with the requirements set forth in ORS 192.550 to
192.595, provided only that the customer authorization, summons, subpoena or
search warrant served upon or delivered to a financial institution pursuant to
ORS 192.560, 192.565 or 192.570 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 192.550 to 192.595, 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 192.550 to 192.595, nothing in ORS
192.550 to 192.595 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 9.132 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 192.555 (2)(a). [1977
c.517 §6; 1993 c.131 §4; 1995 c.666 §28]
192.580
Time for compliance; reimbursement; exceptions. (1) 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. For the purposes of this section, 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. However, in all cases in which disclosure
is sought pursuant to ORS 192.565, the reasonable period of time shall be not
less than 20 days.
(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 165.013, theft by deception by means of
a bad check under ORS 164.085, fraudulent use of a credit card under ORS
165.055, identity theft under ORS 165.800 or racketeering activity under ORS
166.720 or of an offense listed in ORS 137.700. [1977 c.517 §7; 1985 c.797 §4;
1987 c.482 §1; 2001 c.247 §1; 2003 c.14 §94]
192.585
Procedure for disclosure to law enforcement agency. (1) When a police or sheriffs department or
district attorneys office in this state requests account information from a
financial institution to assist in a criminal investigation, the financial
institution shall supply a statement setting forth the requested account
information with respect to a customer account specified by the police or
sheriffs department or district attorneys office, for a period of up to three
months prior to and three months following the date of occurrence of the
account transaction giving rise to the criminal investigation. The disclosure
statement required under this subsection may include only account information
as defined in subsection (2) of this section. The police or sheriffs
department or district attorneys office requesting the information shall,
within 24 hours of making the request, confirm the request in a written or
electronic message delivered or mailed to the financial institution, setting
forth the nature of the account information sought, the time period for which
account information is sought, and that the information has been requested
pursuant to a criminal investigation.
(2) As used in this section, account
information means, whether or not the financial institution has an account
under a particular customers name, the number of customer account items
dishonored or which created overdrafts, dollar volume of dishonored items and
items which when paid created overdrafts, a statement explaining any credit
arrangement between the financial institution and the customer to pay
overdrafts, dates and amounts of deposits and debits to a customers account,
copies of deposit slips and deposited items, the account balance on such dates,
a copy of the customers signature card and the dates the account opened or
closed. [1977 c.517 §8(2),(3); 2005 c.130 §2]
192.587
Charges for participation in attorney trust account overdraft notification program. Financial institutions that participate in
an attorney trust account overdraft notification program established under ORS
9.132 may charge attorneys or law firms who have trust accounts with the
financial institution for the reasonable costs incurred by the financial
institution by reason of that participation. [1993 c.131 §6]
192.590
Civil liability for violation of ORS 192.550 to 192.595; attorney fees; status
of evidence obtained in violation. (1) Any customer who suffers any ascertainable loss as a result of a
willful violation of ORS 192.550 to 192.595 by any person, may bring an
individual action in an appropriate court to recover actual damages or $1,000,
whichever is greater.
(2) Any customer who suffers any
ascertainable loss as a result of a negligent violation of ORS 192.550 to
192.595 by any person, may bring an individual action in an appropriate court
to recover actual damages.
(3)(a) Except as provided in paragraph (b)
of this subsection, the court may award reasonable attorney fees to the
prevailing party in an action under this section.
(b) The court may not award attorney fees
to the state or a political subdivision of the state if the state or political
subdivision prevails in an action under this section.
(4) An action to enforce any provision of
ORS 192.550 to 192.595 must be commenced within two years after the date on
which the violation occurred.
(5) Evidence obtained in violation of ORS
192.550 to 192.595 is inadmissible in any proceeding. [1977 c.517 §9; 1981
c.897 §41; 1995 c.696 §18]
192.595
Severability. If any
provision of ORS 192.550 to 192.595 or the application thereof to any person or
circumstance is held invalid for any reason, such invalidity shall not affect
any other provision or application of ORS 192.550 to 192.595 which can remain
in effect without the invalid provision or application, and to this end the
provisions of ORS 192.550 to 192.595 are severable. [1977 c.517 §10]
PUBLIC MEETINGS
192.610
Definitions for ORS 192.610 to 192.690. As used in ORS 192.610 to 192.690:
(1) Decision means any determination,
action, vote or final disposition upon a motion, proposal, resolution, order,
ordinance or measure on which a vote of a governing body is required, at any
meeting at which a quorum is present.
(2) Executive session means any meeting
or part of a meeting of a governing body which is closed to certain persons for
deliberation on certain matters.
(3) Governing body means the members of
any public body which consists of two or more members, with the authority to
make decisions for or recommendations to a public body on policy or
administration.
(4) Public body means the state, any
regional council, county, city or district, or any municipal or public
corporation, or any board, department, commission, council, bureau, committee
or subcommittee or advisory group or any other agency thereof.
(5) Meeting means the convening of a
governing body of a public body for which a quorum is required in order to make
a decision or to deliberate toward a decision on any matter. Meeting does not
include any on-site inspection of any project or program. Meeting also does
not include the attendance of members of a governing body at any national,
regional or state association to which the public body or the members belong. [1973
c.172 §2; 1979 c.644 §1]
192.620
Policy. The
192.630
Meetings of governing body to be open to public; location of meetings;
accommodation for person with disability; interpreters. (1) All meetings of the governing body of a
public body shall be open to the public and all persons shall be permitted to
attend any meeting except as otherwise provided by ORS 192.610 to 192.690.
(2) A quorum of a governing body may not
meet in private for the purpose of deciding on or deliberating toward a
decision on any matter except as otherwise provided by ORS 192.610 to 192.690.
(3) A governing body may not hold a
meeting at any place where discrimination on the basis of race, creed, color,
sex, age, national origin or disability is practiced. However, the fact that
organizations with restricted membership hold meetings at the place does not
restrict its use by a public body if use of the place by a restricted
membership organization is not the primary purpose of the place or its
predominate use.
(4) Meetings of the governing body of a
public body shall be held within the geographic boundaries over which the
public body has jurisdiction, or at the administrative headquarters of the
public body or at the other nearest practical location. Training sessions may
be held outside the jurisdiction as long as no deliberations toward a decision
are involved. A joint meeting of two or more governing bodies or of one or more
governing bodies and the elected officials of one or more federally recognized
Oregon Indian tribes shall be held within the geographic boundaries over which
one of the participating public bodies or one of the Oregon Indian tribes has
jurisdiction or at the nearest practical location. Meetings may be held in locations
other than those described in this subsection in the event of an actual
emergency necessitating immediate action.
(5)(a) It is discrimination on the basis
of disability for a governing body of a public body to meet in a place
inaccessible to persons with disabilities, or, upon request of a person who is
deaf or hard of hearing, to fail to make a good faith effort to have an
interpreter for persons who are deaf or hard of hearing provided at a regularly
scheduled meeting. The sole remedy for discrimination on the basis of
disability shall be as provided in ORS 192.680.
(b) The person requesting the interpreter
shall give the governing body at least 48 hours notice of the request for an
interpreter, shall provide the name of the requester, sign language preference
and any other relevant information the governing body may request.
(c) If a meeting is held upon less than 48
hours notice, reasonable effort shall be made to have an interpreter present,
but the requirement for an interpreter does not apply to emergency meetings.
(d) If certification of interpreters
occurs under state or federal law, the Department of Human Services or other
state or local agency shall try to refer only certified interpreters to
governing bodies for purposes of this subsection.
(e) As used in this subsection, good
faith effort includes, but is not limited to, contacting the department or
other state or local agency that maintains a list of qualified interpreters and
arranging for the referral of one or more such persons to provide interpreter
services. [1973 c.172 §3; 1979 c.644 §2; 1989 c.1019 §1; 1995 c.626 §1; 2003
c.14 §95; 2005 c.663 §12; 2007 c.70 §52]
Note: The amendments to 192.630 by section 21,
chapter 100, Oregon Laws 2007, are the subject of a referendum petition that
may be filed with the Secretary of State not later than September 26, 2007. If
the referendum petition is filed with the required number of signatures of
electors, chapter 100, Oregon Laws 2007, will be submitted to the people for
their approval or rejection at the regular general election held on November 4,
2008. If approved by the people at the general election, chapter 100, Oregon
Laws 2007, takes effect December 4, 2008. If the referendum petition is not
filed with the Secretary of State or does not contain the required number of
signatures of electors, the amendments to 192.630 by section 21, chapter 100,
Oregon Laws 2007, take effect January 1, 2008. 192.630, as amended by section
21, chapter 100, Oregon Laws 2007, and including amendments by section 52,
chapter 70, Oregon Laws 2007, is set forth for the users convenience.
192.630. (1) All meetings of the governing body of a
public body shall be open to the public and all persons shall be permitted to
attend any meeting except as otherwise provided by ORS 192.610 to 192.690.
(2) A quorum of a governing body may not
meet in private for the purpose of deciding on or deliberating toward a
decision on any matter except as otherwise provided by ORS 192.610 to 192.690.
(3) A governing body may not hold a
meeting at any place where discrimination on the basis of race, color, creed,
sex, sexual orientation, national origin, age or disability is practiced.
However, the fact that organizations with restricted membership hold meetings
at the place does not restrict its use by a public body if use of the place by
a restricted membership organization is not the primary purpose of the place or
its predominate use.
(4) Meetings of the governing body of a
public body shall be held within the geographic boundaries over which the
public body has jurisdiction, or at the administrative headquarters of the
public body or at the other nearest practical location. Training sessions may
be held outside the jurisdiction as long as no deliberations toward a decision
are involved. A joint meeting of two or more governing bodies or of one or more
governing bodies and the elected officials of one or more federally recognized
Oregon Indian tribes shall be held within the geographic boundaries over which
one of the participating public bodies or one of the Oregon Indian tribes has
jurisdiction or at the nearest practical location. Meetings may be held in
locations other than those described in this subsection in the event of an
actual emergency necessitating immediate action.
(5)(a) It is discrimination on the basis
of disability for a governing body of a public body to meet in a place
inaccessible to persons with disabilities, or, upon request of a person who is
deaf or hard of hearing, to fail to make a good faith effort to have an
interpreter for persons who are deaf or hard of hearing provided at a regularly
scheduled meeting. The sole remedy for discrimination on the basis of
disability shall be as provided in ORS 192.680.
(b) The person requesting the interpreter
shall give the governing body at least 48 hours notice of the request for an
interpreter, shall provide the name of the requester, sign language preference
and any other relevant information the governing body may request.
(c) If a meeting is held upon less than 48
hours notice, reasonable effort shall be made to have an interpreter present,
but the requirement for an interpreter does not apply to emergency meetings.
(d) If certification of interpreters
occurs under state or federal law, the Department of Human Services or other
state or local agency shall try to refer only certified interpreters to
governing bodies for purposes of this subsection.
(e) As used in this subsection, good
faith effort includes, but is not limited to, contacting the department or
other state or local agency that maintains a list of qualified interpreters and
arranging for the referral of one or more qualified interpreters to provide
interpreter services.
192.640
Public notice required; special notice for executive sessions, special or
emergency meetings. (1) The
governing body of a public body shall provide for and give public notice,
reasonably calculated to give actual notice to interested persons including
news media which have requested notice, of the time and place for holding
regular meetings. The notice shall also include a list of the principal
subjects anticipated to be considered at the meeting, but this requirement
shall not limit the ability of a governing body to consider additional
subjects.
(2) If an executive session only will be
held, the notice shall be given to the members of the governing body, to the
general public and to news media which have requested notice, stating the
specific provision of law authorizing the executive session.
(3) No special meeting shall be held
without at least 24 hours notice to the members of the governing body, the
news media which have requested notice and the general public. In case of an
actual emergency, a meeting may be held upon such notice as is appropriate to
the circumstances, but the minutes for such a meeting shall describe the
emergency justifying less than 24 hours notice. [1973 c.172 §4; 1979 c.644 §3;
1981 c.182 §1]
192.650
Recording or written minutes required; content; fees. (1) The governing body of a public body
shall provide for the sound, video or digital recording or the taking of
written minutes of all its meetings. Neither a full transcript nor a full
recording of the meeting is required, except as otherwise provided by law, but
the written minutes or recording must give a true reflection of the matters
discussed at the meeting and the views of the participants. All minutes or
recordings shall be available to the public within a reasonable time after the
meeting, and shall include at least the following information:
(a) All members of the governing body
present;
(b) All motions, proposals, resolutions,
orders, ordinances and measures proposed and their disposition;
(c) The results of all votes and, except
for public bodies consisting of more than 25 members unless requested by a
member of that body, the vote of each member by name;
(d) The substance of any discussion on any
matter; and
(e) Subject to ORS 192.410 to 192.505
relating to public records, a reference to any document discussed at the meeting.
(2) Minutes of executive sessions shall be
kept in accordance with subsection (1) of this section. However, the minutes of
a hearing held under ORS 332.061 shall contain only the material not excluded
under ORS 332.061 (2). Instead of written minutes, a record of any executive
session may be kept in the form of a sound or video tape or digital recording,
which need not be transcribed unless otherwise provided by law. If the
disclosure of certain material is inconsistent with the purpose for which a meeting
under ORS 192.660 is authorized to be held, that material may be excluded from
disclosure. However, excluded materials are authorized to be examined privately
by a court in any legal action and the court shall determine their
admissibility.
(3) A reference in minutes or a recording
to a document discussed at a meeting of a governing body of a public body does
not affect the status of the document under ORS 192.410 to 192.505.
(4) A public body may charge a person a
fee under ORS 192.440 for the preparation of a transcript from a recording. [1973
c.172 §5; 1975 c.664 §1; 1979 c.644 §4; 1999 c.59 §44; 2003 c.803 §14]
192.660
Executive sessions permitted on certain matters; procedures; news media
representatives attendance; limits. (1) ORS 192.610 to 192.690 do not prevent the governing body of a
public body from holding executive session during a regular, special or
emergency meeting, after the presiding officer has identified the authorization
under ORS 192.610 to 192.690 for holding the executive session.
(2) The governing body of a public body
may hold an executive session:
(a) To consider the employment of a public
officer, employee, staff member or individual agent.
(b) To consider the dismissal or
disciplining of, or to hear complaints or charges brought against, a public
officer, employee, staff member or individual agent who does not request an
open hearing.
(c) To consider matters pertaining to the
function of the medical staff of a public hospital licensed pursuant to ORS
441.015 to 441.063, 441.085, 441.087 and 441.990 (3) including, but not limited
to, all clinical committees, executive, credentials, utilization review, peer
review committees and all other matters relating to medical competency in the
hospital.
(d) To conduct deliberations with persons
designated by the governing body to carry on labor negotiations.
(e) To conduct deliberations with persons
designated by the governing body to negotiate real property transactions.
(f) To consider information or records
that are exempt by law from public inspection.
(g) To consider preliminary negotiations
involving matters of trade or commerce in which the governing body is in
competition with governing bodies in other states or nations.
(h) To consult with counsel concerning the
legal rights and duties of a public body with regard to current litigation or
litigation likely to be filed.
(i) To review and evaluate the
employment-related performance of the chief executive officer of any public
body, a public officer, employee or staff member who does not request an open
hearing.
(j) To carry on negotiations under ORS
chapter 293 with private persons or businesses regarding proposed acquisition,
exchange or liquidation of public investments.
(k) If the governing body is a health
professional regulatory board, to consider information obtained as part of an
investigation of licensee or applicant conduct.
(L) If the governing body is the State
Landscape Architect Board, or an advisory committee to the board, to consider
information obtained as part of an investigation of registrant or applicant
conduct.
(m) To discuss information about review or
approval of programs relating to the security of any of the following:
(A) A nuclear-powered thermal power plant
or nuclear installation.
(B) Transportation of radioactive material
derived from or destined for a nuclear-fueled thermal power plant or nuclear
installation.
(C) Generation, storage or conveyance of:
(i) Electricity;
(ii) Gas in liquefied or gaseous form;
(iii) Hazardous substances as defined in
ORS 453.005 (7)(a), (b) and (d);
(iv) Petroleum products;
(v) Sewage; or
(vi) Water.
(D) Telecommunication systems, including
cellular, wireless or radio systems.
(E) Data transmissions by whatever means
provided.
(3) Labor negotiations shall be conducted
in open meetings unless negotiators for both sides request that negotiations be
conducted in executive session. Labor negotiations conducted in executive
session are not subject to the notification requirements of ORS 192.640.
(4) Representatives of the news media
shall be allowed to attend executive sessions other than those held under
subsection (2)(d) of this section relating to labor negotiations or executive
session held pursuant to ORS 332.061 (2) but the governing body may require that
specified information be undisclosed.
(5) When a governing body convenes an
executive session under subsection (2)(h) of this section relating to
conferring with counsel on current litigation or litigation likely to be filed,
the governing body shall bar any member of the news media from attending the
executive session if the member of the news media is a party to the litigation
or is an employee, agent or contractor of a news media organization that is a
party to the litigation.
(6) No executive session may be held for
the purpose of taking any final action or making any final decision.
(7) The exception granted by subsection
(2)(a) of this section does not apply to:
(a) The filling of a vacancy in an
elective office.
(b) The filling of a vacancy on any public
committee, commission or other advisory group.
(c) The consideration of general
employment policies.
(d) The employment of the chief executive
officer, other public officers, employees and staff members of a public body
unless:
(A) The public body has advertised the
vacancy;
(B) The public body has adopted regular
hiring procedures;
(C) In the case of an officer, the public
has had the opportunity to comment on the employment of the officer; and
(D) In the case of a chief executive officer,
the governing body has adopted hiring standards, criteria and policy directives
in meetings open to the public in which the public has had the opportunity to
comment on the standards, criteria and policy directives.
(8) A governing body may not use an
executive session for purposes of evaluating a chief executive officer or other
officer, employee or staff member to conduct a general evaluation of an agency
goal, objective or operation or any directive to personnel concerning agency
goals, objectives, operations or programs.
(9) Notwithstanding subsections (2) and
(6) of this section and ORS 192.650:
(a) ORS 676.175 governs the public
disclosure of minutes, transcripts or recordings relating to the substance and
disposition of licensee or applicant conduct investigated by a health
professional regulatory board.
(b) ORS 671.338 governs the public
disclosure of minutes, transcripts or recordings relating to the substance and
disposition of registrant or applicant conduct investigated by the State Landscape
Architect Board or an advisory committee to the board. [1973 c.172 §6; 1975
c.664 §2; 1979 c.644 §5; 1981 c.302 §1; 1983 c.453 §1; 1985 c.657 §2; 1995
c.779 §1; 1997 c.173 §1; 1997 c.594 §1; 1997 c.791 §9; 2001 c.950 §10; 2003
c.524 §4; 2005 c.22 §134]
Note: The amendments to 192.660 by section 11,
chapter 602, Oregon Laws 2007, take effect January 1, 2009. See section 13,
chapter 602, Oregon Laws 2007. The text that is effective on and after January
1, 2009, is set forth for the users convenience.
192.660. (1) ORS 192.610 to 192.690 do not prevent
the governing body of a public body from holding executive session during a
regular, special or emergency meeting, after the presiding officer has
identified the authorization under ORS 192.610 to 192.690 for holding the
executive session.
(2) The governing body of a public body
may hold an executive session:
(a) To consider the employment of a public
officer, employee, staff member or individual agent.
(b) To consider the dismissal or
disciplining of, or to hear complaints or charges brought against, a public
officer, employee, staff member or individual agent who does not request an
open hearing.
(c) To consider matters pertaining to the
function of the medical staff of a public hospital licensed pursuant to ORS
441.015 to 441.063, 441.085, 441.087 and 441.990 (2) including, but not limited
to, all clinical committees, executive, credentials, utilization review, peer
review committees and all other matters relating to medical competency in the
hospital.
(d) To conduct deliberations with persons
designated by the governing body to carry on labor negotiations.
(e) To conduct deliberations with persons
designated by the governing body to negotiate real property transactions.
(f) To consider information or records
that are exempt by law from public inspection.
(g) To consider preliminary negotiations
involving matters of trade or commerce in which the governing body is in
competition with governing bodies in other states or nations.
(h) To consult with counsel concerning the
legal rights and duties of a public body with regard to current litigation or
litigation likely to be filed.
(i) To review and evaluate the
employment-related performance of the chief executive officer of any public
body, a public officer, employee or staff member who does not request an open
hearing.
(j) To carry on negotiations under ORS
chapter 293 with private persons or businesses regarding proposed acquisition,
exchange or liquidation of public investments.
(k) If the governing body is a health
professional regulatory board, to consider information obtained as part of an
investigation of licensee or applicant conduct.
(L) If the governing body is the State
Landscape Architect Board, or an advisory committee to the board, to consider
information obtained as part of an investigation of registrant or applicant
conduct.
(m) To discuss information about review or
approval of programs relating to the security of any of the following:
(A) A nuclear-powered thermal power plant
or nuclear installation.
(B) Transportation of radioactive material
derived from or destined for a nuclear-fueled thermal power plant or nuclear
installation.
(C) Generation, storage or conveyance of:
(i) Electricity;
(ii) Gas in liquefied or gaseous form;
(iii) Hazardous substances as defined in
ORS 453.005 (7)(a), (b) and (d);
(iv) Petroleum products;
(v) Sewage; or
(vi) Water.
(D) Telecommunication systems, including
cellular, wireless or radio systems.
(E) Data transmissions by whatever means
provided.
(3) Labor negotiations shall be conducted
in open meetings unless negotiators for both sides request that negotiations be
conducted in executive session. Labor negotiations conducted in executive
session are not subject to the notification requirements of ORS 192.640.
(4) Representatives of the news media
shall be allowed to attend executive sessions other than those held under
subsection (2)(d) of this section relating to labor negotiations or executive
session held pursuant to ORS 332.061 (2) but the governing body may require
that specified information be undisclosed.
(5) When a governing body convenes an
executive session under subsection (2)(h) of this section relating to
conferring with counsel on current litigation or litigation likely to be filed,
the governing body shall bar any member of the news media from attending the
executive session if the member of the news media is a party to the litigation
or is an employee, agent or contractor of a news media organization that is a
party to the litigation.
(6) No executive session may be held for
the purpose of taking any final action or making any final decision.
(7) The exception granted by subsection
(2)(a) of this section does not apply to:
(a) The filling of a vacancy in an
elective office.
(b) The filling of a vacancy on any public
committee, commission or other advisory group.
(c) The consideration of general
employment policies.
(d) The employment of the chief executive
officer, other public officers, employees and staff members of a public body
unless:
(A) The public body has advertised the
vacancy;
(B) The public body has adopted regular
hiring procedures;
(C) In the case of an officer, the public
has had the opportunity to comment on the employment of the officer; and
(D) In the case of a chief executive
officer, the governing body has adopted hiring standards, criteria and policy
directives in meetings open to the public in which the public has had the
opportunity to comment on the standards, criteria and policy directives.
(8) A governing body may not use an
executive session for purposes of evaluating a chief executive officer or other
officer, employee or staff member to conduct a general evaluation of an agency
goal, objective or operation or any directive to personnel concerning agency
goals, objectives, operations or programs.
(9) Notwithstanding subsections (2) and
(6) of this section and ORS 192.650:
(a) ORS 676.175 governs the public
disclosure of minutes, transcripts or recordings relating to the substance and
disposition of licensee or applicant conduct investigated by a health
professional regulatory board.
(b) ORS 671.338 governs the public
disclosure of minutes, transcripts or recordings relating to the substance and
disposition of registrant or applicant conduct investigated by the State
Landscape Architect Board or an advisory committee to the board.
192.670
Meetings by means of telephonic or electronic communication. (1) Any meeting, including an executive
session, of a governing body of a public body which is held through the use of
telephone or other electronic communication shall be conducted in accordance
with ORS 192.610 to 192.690.
(2) When telephone or other electronic
means of communication is used and the meeting is not an executive session, the
governing body of the public body shall make available to the public at least
one place where the public can listen to the communication at the time it
occurs by means of speakers or other devices. The place provided may be a place
where no member of the governing body of the public body is present. [1973
c.172 §7; 1979 c.361 §1]
192.680
Enforcement of ORS 192.610 to 192.690; effect of violation on validity of
decision of governing body; liability of members. (1) A decision made by a governing body of a
public body in violation of ORS 192.610 to 192.690 shall be voidable. The
decision shall not be voided if the governing body of the public body
reinstates the decision while in compliance with ORS 192.610 to 192.690. A
decision that is reinstated is effective from the date of its initial adoption.
(2) Any person affected by a decision of a
governing body of a public body may commence a suit in the circuit court for
the county in which the governing body ordinarily meets, for the purpose of
requiring compliance with, or the prevention of violations of ORS 192.610 to
192.690, by members of the governing body, or to determine the applicability of
ORS 192.610 to 192.690 to matters or decisions of the governing body.
(3) Notwithstanding subsection (1) of this
section, if the court finds that the public body made a decision while in
violation of ORS 192.610 to 192.690, the court shall void the decision of the
governing body if the court finds that the violation was the result of
intentional disregard of the law or willful misconduct by a quorum of the
members of the governing body, unless other equitable relief is available. The
court may order such equitable relief as it deems appropriate in the
circumstances. The court may order payment to a successful plaintiff in a suit
brought under this section of reasonable attorney fees at trial and on appeal,
by the governing body, or public body of which it is a part or to which it
reports.
(4) If the court makes a finding that a
violation of ORS 192.610 to 192.690 has occurred under subsection (2) of this
section and that the violation is the result of willful misconduct by any
member or members of the governing body, that member or members shall be
jointly and severally liable to the governing body or the public body of which it
is a part for the amount paid by the body under subsection (3) of this section.
(5) Any suit brought under subsection (2)
of this section must be commenced within 60 days following the date that the
decision becomes public record.
(6) The provisions of this section shall
be the exclusive remedy for an alleged violation of ORS 192.610 to 192.690. [1973
c.172 §8; 1975 c.664 §3; 1979 c.644 §6; 1981 c.897 §42; 1983 c.453 §2; 1989
c.544 §1]
192.685
Additional enforcement of alleged violations of ORS 192.660. (1) Notwithstanding ORS 192.680, complaints
of violations of ORS 192.660 alleged to have been committed by public officials
may be made to the Oregon Government Ethics Commission for review and
investigation as provided by ORS 244.260 and for possible imposition of civil
penalties as provided by ORS 244.350.
(2) The commission may interview
witnesses, review minutes and other records and may obtain and consider any
other information pertaining to executive sessions of the governing body of a
public body for purposes of determining whether a violation of ORS 192.660
occurred. Information related to an executive session conducted for a purpose
authorized by ORS 192.660 shall be made available to the Oregon Government
Ethics Commission for its investigation but shall be excluded from public
disclosure.
(3) If the commission chooses not to
pursue a complaint of a violation brought under subsection (1) of this section
at any time before conclusion of a contested case hearing, the public official
against whom the complaint was brought may be entitled to reimbursement of
reasonable costs and attorney fees by the public body to which the officials
governing body has authority to make recommendations or for which the officials
governing body has authority to make decisions. [1993 c.743 §28]
192.690
Exceptions to ORS 192.610 to 192.690. (1) ORS 192.610 to 192.690 do not apply to the deliberations of the
State Board of Parole and Post-Prison Supervision, the Psychiatric Security
Review Board, state agencies conducting hearings on contested cases in
accordance with the provisions of ORS chapter 183, the review by the Workers
Compensation Board or the Employment Appeals Board of similar hearings on
contested cases, meetings of the state lawyers assistance committee operating
under the provisions of ORS 9.568, meetings of the personal and practice
management assistance committees operating under the provisions of ORS 9.568,
the county multidisciplinary child abuse teams required to review child abuse
cases in accordance with the provisions of ORS 418.747, the child fatality
review teams required to review child fatalities in accordance with the
provisions of ORS 418.785, the peer review committees in accordance with the
provisions of ORS 441.055, mediation conducted under ORS 36.250 to 36.270, any
judicial proceeding, meetings of the Oregon Health and Science University Board
of Directors or its designated committee regarding candidates for the position
of president of the university or regarding sensitive business, financial or
commercial matters of the university not customarily provided to competitors
related to financings, mergers, acquisitions or joint ventures or related to
the sale or other disposition of, or substantial change in use of, significant
real or personal property, or related to health system strategies, or to Oregon
Health and Science University faculty or staff committee meetings.
(2) Because of the grave risk to public
health and safety that would be posed by misappropriation or misapplication of
information considered during such review and approval, ORS 192.610 to 192.690
shall not apply to review and approval of security programs by the Energy
Facility Siting Council pursuant to ORS 469.530. [1973 c.172 §9; 1975 c.606 §41b;
1977 c.380 §19; 1981 c.354 §3; 1983 c.617 §4; 1987 c.850 §3; 1989 c.6 §18; 1989
c.967 §§12,14; 1991 c.451 §3; 1993 c.18 §33; 1993 c.318 §§3,4; 1995 c.36 §§1,2;
1995 c.162 §§62b,62c; 1999 c.59 §§45a,46a; 1999 c.155 §4; 1999 c.171 §§4,5;
1999 c.291 §§25,26; 2005 c.347 §5; 2005 c.562 §23]
Note: The amendments to 192.690 by section 8,
chapter 796, Oregon Laws 2007, take effect January 1, 2009. See section 9,
chapter 796, Oregon Laws 2007. The text that is effective on and after January
1, 2009, is set forth for the users convenience.
192.690. (1) ORS 192.610 to 192.690 do not apply to
the deliberations of the State Board of Parole and Post-Prison Supervision, the
Psychiatric Security Review Board, state agencies conducting hearings on
contested cases in accordance with the provisions of ORS chapter 183, the
review by the Workers Compensation Board or the Employment Appeals Board of
similar hearings on contested cases, meetings of the state lawyers assistance
committee operating under the provisions of ORS 9.568, meetings of the Health
Professionals Program Supervisory Council established under ORS 677.615,
meetings of the personal and practice management assistance committees
operating under the provisions of ORS 9.568, the county multidisciplinary child
abuse teams required to review child abuse cases in accordance with the
provisions of ORS 418.747, the child fatality review teams required to review
child fatalities in accordance with the provisions of ORS 418.785, the peer
review committees in accordance with the provisions of ORS 441.055, mediation
conducted under ORS 36.250 to 36.270, any judicial proceeding, meetings of the
Oregon Health and Science University Board of Directors or its designated
committee regarding candidates for the position of president of the university
or regarding sensitive business, financial or commercial matters of the
university not customarily provided to competitors related to financings,
mergers, acquisitions or joint ventures or related to the sale or other
disposition of, or substantial change in use of, significant real or personal
property, or related to health system strategies, or to Oregon Health and
Science University faculty or staff committee meetings.
(2) Because of the grave risk to public
health and safety that would be posed by misappropriation or misapplication of
information considered during such review and approval, ORS 192.610 to 192.690
shall not apply to review and approval of security programs by the Energy
Facility Siting Council pursuant to ORS 469.530.
192.695
Prima facie evidence of violation required of plaintiff. In any suit commenced under ORS 192.680 (2),
the plaintiff shall be required to present prima facie evidence of a violation
of ORS 192.610 to 192.690 before the governing body shall be required to prove
that its acts in deliberating toward a decision complied with the law. When a
plaintiff presents prima facie evidence of a violation of the open meetings
law, the burden to prove that the provisions of ORS 192.610 to 192.690 were
complied with shall be on the governing body. [1981 c.892 §97d; 1989 c.544 §3]
Note: 192.695 was added to and made a part of ORS
chapter 192 by legislative action but was not added to any smaller series
therein. See Preface to Oregon Revised Statutes for further explanation.
192.710
Smoking in public meetings prohibited. (1) No person shall smoke or carry any lighted smoking instrument in a
room where a public meeting is being held or is to continue after a recess. For
purposes of this subsection, a public meeting is being held from the time the
agenda or meeting notice indicates the meeting is to commence regardless of the
time it actually commences.
(2) As used in this section:
(a) Public meeting means any regular or
special public meeting or hearing of a public body to exercise or advise in the
exercise of any power of government in buildings or rooms rented, leased or
owned by the State of Oregon or by any county, city or other political
subdivision in the state regardless of whether a quorum is present or is
required.
(b) Public body means the state or any
department, agency, board or commission of the state or any county, city or
other political subdivision in the state.
(c) Smoking instrument means any cigar,
cigarette, pipe or other smoking equipment. [1973 c.168 §1; 1979 c.262 §1]
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 192.550 to 192.595, 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) Program participant means an
individual accepted into the Address Confidentiality Program under ORS 192.820
to 192.868.
(5) Public body has the meaning given that
term in ORS 174.109.
(6) Public record has the meaning given
that term in ORS 192.410.
(7) Substitute address means an address
designated by the Attorney General under the Address Confidentiality Program.
(8) Victim of domestic violence means:
(a) An individual against whom domestic
violence has been committed, as defined in ORS 135.230, 181.610, 411.117 or
657.176;
(b) An individual who has been a victim of
abuse, as defined in ORS 107.705; or
(c) Any other individual designated a
victim of domestic violence by the Attorney General by rule.
(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 stalking means:
(a) An individual against whom stalking
has been committed, as described in ORS 163.732; or
(b) Any other individual designated by the
Attorney General by rule. [2005 c.821 §1; 2007 c.542 §1]
Note: The amendments to 192.820 by section 1,
chapter 542,
192.820. As used in ORS 192.820 to 192.868:
(1) Actual address means a residential,
work or school street address of an individual specified on the application of
the individual to be a program participant.
(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) Program participant means an
individual accepted into the Address Confidentiality Program under ORS 192.820
to 192.868.
(5) Public body has the meaning given
that term in ORS 174.109.
(6) Public record has the meaning given
that term in ORS 192.410.
(7) Substitute address means an address
designated by the Attorney General under the Address Confidentiality Program.
(8) Victim of domestic violence means:
(a) An individual against whom domestic violence
has been committed, as defined in ORS 135.230, 181.610, 411.117 or 657.176;
(b) An individual who has been a victim of
abuse, as defined in ORS 107.705; or
(c) Any other individual designated a
victim of domestic violence by the Attorney General by rule.
(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 stalking means:
(a) An individual against whom stalking
has been committed, as described in ORS 163.732; or
(b) Any other individual designated by the
Attorney General by rule.
Note: 192.820 to 192.868 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.
192.822
Address Confidentiality Program; substitute addresses. (1) The Address Confidentiality Program is
established in the Department of Justice to:
(a) Protect the confidentiality of the
actual address of a victim of domestic violence, a sexual offense or stalking;
and
(b) Prevent assailants or potential
assailants of the victim from finding the victim through public records.
(2) The Attorney General shall designate a
substitute address for a program participant and act as the agent of the
program participant for purposes of service of all legal process in this state
and receiving and forwarding first-class, certified or registered mail.
(3) The Attorney General is not required
to forward any packages or mail other than first-class, certified or registered
mail to the program participant.
(4) The Attorney General is not required
to track or otherwise maintain records of any mail received on behalf of a
program participant unless the mail is certified or registered. [2005 c.821 §2]
Note: See second note under 192.820.
192.825 [1997 c.566 §1; 2001 c.535 §31; repealed by
2005 c.118 §1]
192.826
Application for participation in program; certification of participation; authorization
card; rules. (1) Any of the
following individuals with the assistance of an application assistant may file
an application with the Attorney General to participate in the Address
Confidentiality Program:
(a) An adult individual.
(b) A parent or guardian acting on behalf
of a minor when the minor resides with the parent or guardian.
(c) A guardian acting on behalf of an
incapacitated individual.
(2) The application must be dated, signed
and verified by the applicant and the application assistant who assisted in the
preparation of the application.
(3) The application must contain all of
the following:
(a) A statement by the applicant that the
applicant or the applicants child or ward is a victim of domestic violence, a
sexual offense or stalking and that the applicant fears for the applicants
safety or the safety of the applicants child or ward.
(b) Evidence that the applicant or the applicants
child or ward is a victim of domestic violence, a sexual offense or stalking.
This evidence may include any of the following:
(A) Law enforcement, court or other
federal, state or local government records or files;
(B) Documentation from a public or private
entity that provides assistance to victims of domestic violence, a sexual
offense or stalking if the applicant or the applicants child or ward is an
alleged victim of domestic violence, a sexual offense or stalking;
(C) Documentation from a religious,
medical or other professional from whom the applicant has sought assistance in
dealing with the alleged domestic violence, sexual offense or stalking; or
(D) Other forms of evidence as determined
by the Attorney General by rule.
(c) A statement by the applicant that
disclosure of the actual address of the applicant would endanger the safety of
the applicant or the safety of the applicants child or ward.
(d) A statement by the applicant that the
applicant:
(A) Resides at a location in this state
that is not known by assailants or potential assailants of the applicant or the
applicants child or ward; and
(B) Will not disclose the location to
assailants or potential assailants of the applicant or the applicants child or
ward while the applicant is a program participant.
(e) Written consent permitting the
Attorney General to act as an agent for the applicant for the service of all
legal process in this state and the receipt of first-class, certified or
registered mail.
(f) The mailing address and telephone
number at which the Attorney General can contact the applicant.
(g) The actual address that the applicant
requests not be disclosed by the Attorney General that directly relates to the
increased risk of the applicant or the applicants child or ward as a victim of
domestic violence, sexual offense or stalking.
(h) A sworn statement by the applicant
that to the best of the applicants knowledge the information contained in the
application is true.
(i) A recommendation by an application assistant
that the applicant be a participant in the Address Confidentiality Program.
(4) Upon the filing of a properly
completed application and upon approval by the Attorney General, the Attorney
General shall certify the applicant as a program participant.
(5) Upon certification, the Attorney
General shall issue an Address Confidentiality Program authorization card to
the program participant. The Address Confidentiality Program authorization card
is valid as long as the program participant remains certified under the
program.
(6) The term of certification shall be for
a period of time determined by the Attorney General by rule, unless prior to
the end of the period one of the following occurs:
(a) The program participant withdraws the
certification by filing with the Attorney General a request for withdrawal
signed by the program participant and acknowledged in writing by a notary
public or an application assistant; or
(b) The Attorney General cancels the
certification under ORS 192.834.
(7) A program participant may renew the
certification by filing an application for renewal with the Attorney General at
least 30 days prior to expiration of the current certification. [2005 c.821 §3]
Note: See second note under 192.820.
192.828
Prohibitions; civil penalty.
(1) An applicant for participation in the Address Confidentiality Program or a
program participant may not:
(a) Falsely attest in an initial
application or an application for renewal that disclosure of the actual address
of the applicant would endanger the safety of the applicant or the safety of
the applicants child or ward; or
(b) Knowingly provide false information in
an initial application or an application for renewal.
(2) If after an investigation, the
Attorney General finds that a violation of subsection (1) of this section has
occurred, the Attorney General may impose a civil penalty as provided in ORS
183.745 in an amount not to exceed $500. [2005 c.821 §4]
Note: See second note under 192.820.
192.830 [1997 c.566 §2; 2001 c.535 §32; repealed by
2005 c.118 §1]
192.832
Notice of change in name, address or telephone number. (1) A program participant shall notify the
Attorney General within 30 days after the program participant has obtained a
legal name change by providing the Attorney General with a certified copy of
any judgment or order evidencing the change or any other documentation the
Attorney General considers sufficient evidence of the name change.
(2) A program participant shall notify the
Attorney General of a change in actual address or telephone number from the
actual address or telephone number listed on the application of the program
participant within 10 days after the change occurs. [2005 c.821 §5]
Note: See second note under 192.820.
192.834
Cancellation of certification.
(1) The Attorney General shall cancel the certification of a program
participant if:
(a) The Attorney General determines that
the program participant violated ORS 192.828;
(b) The Attorney General determines that
the program participant violated ORS 192.832; or
(c) Subject to ORS 192.832 (2), first
class, certified or registered mail forwarded to the program participant by the
Attorney General is returned as undeliverable.
(2) The Attorney General shall send notice
of cancellation to the program participant setting out the reasons for the
cancellation and setting out the rights and duties of the program participant.
(3) A program participant has 30 days to
appeal the cancellation decision under procedures adopted by the Attorney
General by rule. A cancellation of certification under this section is not
considered an order as defined in ORS 183.310 and is not subject to judicial
review under ORS 183.480.
(4) An individual whose certification as a
program participant is cancelled under this section shall notify persons and
public bodies using the substitute address as the address of the program
participant that the substitute address is no longer the address to be used by
public bodies as described in ORS 192.836. [2005 c.821 §6]
Note: See second note under 192.820.
192.835 [1997 c.566 §3; 1999 c.59 §48; 1999 c.718 §1;
2001 c.535 §33; repealed by 2005 c.118 §1]
192.836
Use of substitute address; waiver of requirement. (1)(a) A program participant may request
that public bodies use the substitute address designated by the Attorney
General as the address of the program participant in any ongoing actions or
proceedings or when creating a new public record.
(b) A public body is not responsible for
requesting that departments, divisions, affiliates or other organizational
units of the public body or other public bodies use the substitute address as
the address of the program participant.
(c) Unless requested by the program
participant, when the actual address of a program participant is contained in a
public record that is filed with the public body, the public body is not
responsible for modifying the public record to contain the substitute address
designated by the Attorney General.
(d) The Attorney General is not
responsible for making requests under this subsection.
(2) Except as provided in this section and
ORS 192.842, when a program participant submits a current and valid Address
Confidentiality Program authorization card to a public body, the public body
shall accept the substitute address on the authorization card as the address of
the program participant when creating a new public record. Upon the request of
the program participant, the public body shall use the substitute address on
the authorization card in any ongoing actions or proceedings.
(3) A public body may request a waiver
from the requirements of the Address Confidentiality Program by submitting a
waiver request to the Attorney General. The waiver request shall be in writing
and include:
(a) An explanation of why the public body
cannot meet its statutory or administrative obligations by possessing or using
the substitute address; and
(b) An affirmation that if the Attorney
General accepts the waiver, the public body will only use the actual address of
the program participant for those statutory or administrative purposes included
in the waiver request.
(4) The Attorney General shall accept or
deny a waiver request from a public body in writing and include a statement of
specific reasons for acceptance or denial. An acceptance or denial made under
this subsection is not considered an order as defined in ORS 183.310 and is not
subject to judicial review under ORS 183.480.
(5) Except as provided in ORS 192.820 to
192.868, if a law or rule requires the use of a residence address, the
substitute address may be used instead. [2005 c.821 §7; 2007 c.542 §2]
Note: See second note under 192.820.
192.840 [1997 c.566 §4; repealed by 2001 c.535 §36]
192.842
Use of actual or substitute address in specified circumstances. (1) A county clerk or other elections
official shall use the actual address of a program participant for voter
registration purposes. Except as provided in ORS 192.820 to 192.868, a county
clerk or other elections official may not disclose the actual address.
(2) A county clerk or other elections
official shall use the substitute address of the program participant for
purposes of mailing a ballot to an elector under ORS 254.470.
(3) A school district shall use the actual
address of a program participant for any purpose related to admission or
assignment. The school district shall take such measures as necessary to
protect the confidentiality of the actual address of the program participant.
Student records created under ORS 326.565 and 326.580 shall use the substitute
address of the program participant.
(4) A county clerk shall accept the
substitute address of the program participant as the address of the applicant
for the purpose of issuing a marriage license under ORS 106.041. [2005 c.821 §8;
2007 c.542 §12]
Note: The amendments to 192.842 by section 13,
chapter 99, Oregon Laws 2007, are the subject of a referendum petition that may
be filed with the Secretary of State not later than September 26, 2007. If the
referendum petition is filed with the required number of signatures of
electors, chapter 99, Oregon Laws 2007, will be submitted to the people for
their approval or rejection at the regular general election held on November 4,
2008. If approved by the people at the general election, chapter 99, Oregon
Laws 2007, takes effect December 4, 2008. If the referendum petition is not
filed with the Secretary of State or does not contain the required number of
signatures of electors, the amendments to 192.842 by section 13, chapter 99,
Oregon Laws 2007, take effect January 1, 2008. 192.842, as amended by section
13, chapter 99, Oregon Laws 2007, and including amendments by section 12,
chapter 542, Oregon Laws 2007, is set forth for the users convenience.
192.842. (1) A county clerk or other elections
official shall use the actual address of a program participant for voter
registration purposes. Except as provided in ORS 192.820 to 192.868, a county
clerk or other elections official may not disclose the actual address.
(2) A county clerk or other elections
official shall use the substitute address of the program participant for
purposes of mailing a ballot to an elector under ORS 254.470.
(3) A school district shall use the actual
address of a program participant for any purpose related to admission or
assignment. The school district shall take such measures as necessary to
protect the confidentiality of the actual address of the program participant.
Student records created under ORS 326.565 and 326.580 shall use the substitute
address of the program participant.
(4) A county clerk shall accept the
substitute address of the program participant as the address of the applicant
for the purpose of issuing a marriage license under ORS 106.041 or registering
a Declaration of Domestic Partnership under section 6, chapter 99, Oregon Laws
2007.
Note: See second note under 192.820.
192.844
Prohibition on disclosure of actual address or telephone number by public body. (1) Except as provided in ORS 192.820 to
192.868, a public body that receives a request from a program participant under
ORS 192.836 may not disclose the actual address or telephone number of the
program participant.
(2) Each public body that receives a
request from a program participant under ORS 192.836 shall adopt a procedure to
prevent unnecessary disclosure of actual addresses or telephone numbers of
program participants to employees of that public body or other persons in that
public body. [2005 c.821 §9; 2007 c.542 §3]
Note: See second note under 192.820.
192.845 [1997 c.566 §5; 1999 c.718 §2; repealed by
2005 c.118 §1]
192.846
Records of Department of Transportation; substitute address. (1) A program participant may request that
any driver or vehicle record kept by the Department of Transportation that
contains or is required to contain the program participants actual address
contain instead the substitute address designated by the Attorney General. A
request under this subsection must:
(a) Be in a form specified by the
department; and
(b) Contain verification that the
individual is a program participant.
(2) Upon receipt of a request and
verification under this section, the department shall remove the program
participants actual address from its records and instead use the substitute
address designated by the Attorney General. The department shall note on the
records that the address shown is a substitute address under ORS 192.820 to
192.868. While the request is in effect, the program participant may enter the
substitute address on any driver or vehicle form issued by the department that
requires an address.
(3) If an individual ceases to be
certified as a program participant, the individual shall notify the department
of a change of address as provided in ORS 803.220, 807.420 or 807.560. [2007
c.542 §11]
Note: See second note under 192.820.
192.848
When Attorney General may disclose actual address or telephone number. (1) The Attorney General may not disclose
the actual address or telephone number of a program participant, except under
either of the following circumstances:
(a) Upon receipt of a court order signed
by a judge pursuant to a finding of good cause. Good cause exists when
disclosure is sought for a lawful purpose that outweighs the risk of the
disclosure and, in the case of a request for disclosure received from a
federal, state or local law enforcement agency, district attorney or other
public body, when information is provided to the court that describes the
official purpose for which the actual address or telephone number of the
program participant will be used. If a judge finds that good cause exists, the
terms of the court order shall address, as much as practicable, the safety and
protection of the program participant. In cases where the Attorney General has
not received prior notice of a court order, not later than three business days
after receiving the order, the Attorney General may object to the order and
request a hearing before the judge who signed the order.
(b) Where the program participant is
required to disclose the actual address of the program participant as part of a
registration for sex offenders as required under ORS 181.598 and 181.599.
(2) A person to whom an actual address or
telephone number of a program participant has been disclosed pursuant to a
court order may not disclose the actual address or telephone number to any
other person unless permitted to do so by order of the court.
(3) The Attorney General shall notify a
program participant within one business day after the Attorney General
discloses an actual address under subsection (1)(a) of this section.
(4) Upon request by a public body, the
Attorney General may verify whether or not a person is a program participant
when the verification is for official use only. [2005 c.821 §10; 2007 c.542 §4]
Note: See second note under 192.820.
192.850 [1997 c.566 §6; 2001 c.535 §34; repealed by
2005 c.118 §1]
192.852
Prohibition on obtaining actual address or telephone number; prohibition on
disclosure by employee of public body. (1) A person may not attempt to obtain or obtain the actual address or
telephone number of a program participant from the Attorney General or a public
body through fraud or misrepresentation.
(2) Except as provided in ORS 192.820 to
192.868 or federal law, an employee of a public body may not intentionally
disclose the actual address or telephone number of a program participant to a
person known to the employee to be prohibited from receiving the actual address
or telephone number of the program participant. This subsection applies only
when an employee obtains the actual address or telephone number of the program
participant during the performance of the official duties of the employee and,
at the time of disclosure, the employee has specific knowledge that the actual
address or telephone number disclosed belongs to a program participant. [2005
c.821 §11]
Note: See second note under 192.820.
192.854
Application assistants; application assistance not legal advice. (1) The Attorney General may designate
employees of or volunteers serving public or private entities that provide
counseling and shelter services to victims of domestic violence, sexual offense
or stalking as application assistants to assist individuals applying to
participate in the Address Confidentiality Program.
(2) Any assistance rendered to applicants
for participation in the Address Confidentiality Program by the Attorney
General or an application assistant is not considered legal advice. [2005 c.821
§12]
Note: See second note under 192.820.
192.855 [1997 c.566 §7; repealed by 2001 c.535 §36]
192.856
Additional response time for notice or other paper. Notwithstanding any other law and the Oregon
Rules of Civil Procedure, whenever a program participant has the right or is
required to do some act or take some proceedings within a prescribed period of
10 days or less after the service of a notice or other paper upon the program
participant and the notice or paper is served by mail pursuant to ORS 192.820
to 192.868, five days shall be added to the prescribed period. [2005 c.821 §13]
Note: See second note under 192.820.
192.858
Disclosures to participants.
The Attorney General shall disclose in writing to a program participant prior
to certification:
(1) The rights and obligations of the
program participant under ORS 192.820 to 192.868; and
(2) The term of certification as
determined by the Attorney General under ORS 192.826. [2005 c.821 §14]
Note: See second note under 192.820.
192.860
Rules. The Attorney General
may adopt rules the Attorney General considers necessary to carry out the
provisions of ORS 192.820 to 192.868. [2005 c.821 §15]
Note: See second note under 192.820.
192.865
Criminal penalty. Violation
of ORS 192.852 is a Class C misdemeanor. [2005 c.821 §16]
Note: See second note under 192.820.
192.868
Grants, donations and gifts.
(1) The Department of Justice may seek, solicit, receive and administer
monetary grants, donations and gifts to establish and operate the Address
Confidentiality Program.
(2) All moneys received by the department
under subsection (1) of this section shall be deposited in the Department of
Justice Operating Account created in ORS 180.180. Amounts deposited under this
section are continuously appropriated to the department to carry out the
provisions of ORS 192.820 to 192.868. [2005 c.821 §17]
Note: See second note under 192.820.
PENALTIES
192.990
Penalties. Violation of ORS
192.710 (1) is a violation punishable by a fine of $10. [1973 c.168 §2]
_______________
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