Oregon Revised Statutes
The Legislative Assembly finds that: 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. The interest and concern of citizens in public records recognizes no jurisdictional boundaries and extends to such records …
As used in ORS 192.005 to 192.170, unless the context requires otherwise: “Archivist” means the State Archivist. “Photocopy” includes a photograph, microphotograph and any other reproduction on paper or film in any scale. “Photocopying” means the process of reproducing, in the form of a photocopy, a public record or writing. “Political subdivision” means…
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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.
Each state agency shall have a written policy that sets forth the agency’s use, retention and ownership of public records. The policy shall ensure that public records are being maintained and managed consistently within the agency from the time of creation of a public record to the time of final disposition of the public record. Each state agency shall subm…
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No operative statutory text appears at this designation in the selected edition.
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…
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 audio or video technology. Each photocopy, digital image, audio recording and video recordi…
All photocopies, digital images, audio recordings and video recordings made under ORS 192.040 and 192.050 shall be properly indexed and filed so as to facilitate access and retrieval. 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.
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.
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 mone…
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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 A…
Each state agency or political subdivision shall maintain a public record or accurate copy of a public record in accordance with a retention schedule authorized under ORS 192.018 or 192.105, without regard to the technology or medium used to create or communicate the record.
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If the State Archivist determines that any public records of a state agency or political subdivision in the official custody of the State Archivist prove to have insufficient legal, administrative, fiscal, tribal cultural, historical or research value to warrant permanent preservation, the State Archivist shall submit a statement or summary thereof to the re…
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The destruction or other disposal of the following materials do not require specific authorization: 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. Public records which are duplicates by reason of their having been photocopied. Lette…
With the exception of prescriptions, all records, reports and proceedings required to be kept by law shall be in the English language or in a machine language capable of being converted to the English language by a data processing device or computer. Violation of this section is a Class C misdemeanor. EXECUTIVE DEPARTMENT
As used in this section, “executive department” has the meaning given that term in ORS 174.112, except that “executive department” does not include the Secretary of State in performing the duties of the constitutional office of Secretary of State or the State Treasurer in performing the duties of the constitutional office of State Treasurer. The Oregon Depa…
The State Chief Information Officer and the Oregon Department of Administrative Services may adopt rules to implement the provisions of ORS 276A.203 (4)(a)(O), as amended by section 1, chapter 48, Oregon Laws 2016, and ORS 192.180, including but not limited to rules establishing procedures for compiling public records that are stored in electronic form. Not…
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The Department of Justice shall maintain an information sharing guide setting forth the applicable state and federal laws governing the release of educational, juvenile justice, adult correctional, mental health treatment, substance abuse treatment and health care information. The guide must set forth the applicable laws according to discipline, including bu…
As used in ORS 192.210 and 192.220, unless the context requires otherwise: “Issuing agency” means: 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 commit…
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. Receiving agencies in the executive or administrative branch of government shall consult with the Oregon Department of Administrative Services in…
As used in ORS 192.235 to 192.245: “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. “State agency” has the meaning given that term in ORS 192.311. Note: 192.230 to 192.250 were enac…
The Legislative Assembly finds that: Many state agency reports are published for reasons that are historical and no longer based on the public’s need to be informed. The format of many state agency reports is not economical or well suited to providing needed information in easily understandable form. State agency reports containing information that is use…
To comply with the state policy relating to reports outlined in ORS 192.235, a state agency shall do the following: Use electronic communications whenever the agency determines that such use reduces cost and still provides public access to information. Whenever possible, use standard 8-1/2-by-11-inch paper printed on both sides of the sheet and use recycle…
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 req…
Whenever a law of this state requires a written report be submitted to the Legislative Assembly, the requirement shall be met by distribution of an executive summary of no more than two pages sent to every member of the Legislative Assembly by electronic mail and one copy of the report to the Legislative Administrator. This requirement does not preclude prov…
The Director of the Oregon Department of Administrative Services shall report to the Legislative Assembly by appearing at least once during each biennium before the appropriate interim committees designated by the Speaker of the House of Representatives and the President of the Senate. The director shall testify as to the effectiveness of ORS 171.206, 192.23…
As used in ORS 192.270 and 192.275: “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. “Report” means…
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 s…
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As used in ORS 192.311 to 192.478: “Business day” means a day other than Saturday, Sunday or a legal holiday and on which at least one paid employee of the public body that received the public records request is scheduled to and does report to work. In the case of a community college district, community college service district, public university, school di…
Every person has a right to inspect any public record of a public body in this state, except as otherwise expressly provided by ORS 192.338, 192.345 and 192.355. 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 reco…
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, d…
A public body that is the custodian of any public record that a person has a right to inspect shall give the person, upon receipt of a written request: A copy of the public record if the public record is of a nature permitting copying; or A reasonable opportunity to inspect or copy the public record. If an individual who is identified in a public body’s p…
A public body shall complete its response to a written public records request that is received by an individual identified in the public body’s procedure described in ORS 192.324 as soon as practicable and without unreasonable delay. A public body’s response to a public records request is complete when the public body: Provides access to or copies of all r…
A public body that, acting in good faith, discloses a public record in response to a request for public records is not liable for any loss or damages based on the disclosure unless the disclosure is affirmatively prohibited by state or federal law or by a court order applicable to the public body. Nothing in this subsection shall be interpreted to create lia…
If any public record contains material which is not exempt under ORS 192.345 and 192.355, 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. Note: 192.338, 192.345 and 192.355 were made a part of 192.311 to 192.478 by legislative act…
The Attorney General shall maintain and regularly update a catalog of exemptions created by Oregon statute from the disclosure requirements of ORS 192.311 to 192.478. The catalog must be as comprehensive as reasonably possible and must be freely available to the public in an electronic format that facilitates sorting and searching of the catalog. The catalo…
The following public records are exempt from disclosure under ORS 192.311 to 192.478 unless the public interest requires disclosure in the particular instance: 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 litig…
The following public records are exempt from disclosure under ORS 192.311 to 192.478: 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 …
When a public record is subject to disclosure under ORS 192.355 (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 192.311 to 192.478. The release of the c…
A request for the disclosure of records described in ORS 192.355 (3) or 192.365 must include the following information: The names of the individuals for whom personal information is sought; A statement describing the personal information being sought; and A statement that satisfies subsection (2) of this section. The party seeking disclosure shall show b…
Upon compliance with ORS 192.363, a public body that is the custodian of or is otherwise in possession of the following information pertaining to a home care worker or personal support worker as defined in ORS 410.600, an operator of a child care facility as defined in ORS 329A.250, an exempt family child care provider as defined in ORS 329A.430 or an operat…
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 …
As used in this section, “public body” has the meaning given that term in ORS 174.109. 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: The badge or card contains the photograph of the employee; and The badge or card was prepared solely for internal use by the…
A public body may not disclose records or information that identifies a person as a current or former holder of, or applicant for, a concealed handgun license, unless: The disclosure is made to another public body and is necessary for criminal justice purposes; A court enters an order in a criminal or civil case directing the public body to disclose the re…
A public body that is the custodian of or is otherwise in possession of information that was submitted to the public body in confidence and is not otherwise required by law to be submitted, must redact all of the following information before making a disclosure described in ORS 192.355 (4): Residential address and telephone numbers; Personal electronic mai…
A public body or any official of the public body that determines that a party requesting information under ORS 192.355 (3), 192.363 or 192.365 has demonstrated by clear and convincing evidence that the public interest requires disclosure in a particular instance is immune from civil or criminal liability associated with the disclosure. A public body that re…
As used in this section: “Law enforcement unit” has the meaning given that term in ORS 181A.355. “Public body” has the meaning given that term in ORS 192.311. “Public safety officer” has the meaning given that term in ORS 181A.355. A public body may not disclose audio or video records of internal investigation interviews of public safety officers. Subse…
Notwithstanding ORS 192.338, 192.345 and 192.355 and except as otherwise provided in ORS 192.398, public records that are more than 25 years old shall be available for inspection. Note: 192.390 was added to and made a part of 192.311 to 192.478 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for …
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 192.314 and is not exempt from disclosure under ORS 192.345 or 192.355 except to the extent that the record discloses information about an individual’s health or is proprietary to a person: Th…
The following public records are exempt from disclosure: 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 …
A person denied the right to inspect or to receive a copy of a 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 …
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A person who has submitted a written public records request in compliance with a public body’s policy may seek review of the following, in the same manner as a person petitions when inspection of a public record is denied under ORS 192.311 to 192.478: The failure of a public body to provide the response required by ORS 192.329 within the prescribed period. …
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Subject to ORS 192.401 (1) and 192.427, 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 ORS 192.401 (2), the burden is on the agency to sustain its action. Except as …
ORS 192.401 and 192.411 apply 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: 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 administrati…
The failure of the Attorney General or district attorney to issue an order under ORS 192.401, 192.411 or 192.415 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…
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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: ______________________________________________________________________________ …
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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 pe…
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In any suit filed under ORS 192.401, 192.411, 192.415, 192.422 or 192.427, 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…
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The office of the Public Records Advocate is created as an independent office within the executive department, separate and distinct from any other state agency. The Public Records Advocate shall be appointed by the Public Records Advisory Council under ORS 192.481. The Public Records Advocate shall be a licensee in good standing of the Oregon State Bar. …
The Public Records Advocate shall provide facilitated dispute resolution services when requested by a person described in subsection (2) of this section or by a state agency under the conditions described in subsection (3) of this section. The Public Records Advocate may provide facilitated dispute resolution services when requested by a person described in…
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Consistent with ORS 192.464 and rules adopted thereunder, the Public Records Advocate possesses sole discretion over the conduct of facilitated dispute resolution sessions.
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Written records, documents, notes or statements of any kind prepared for or submitted to the Public Records Advocate, prepared by the advocate or exchanged between parties seeking a facilitated dispute resolution are subject to ORS 36.220 to 36.238. The Public Records Advocate may claim any exemption from disclosure under ORS 192.311 to 192.478 that a public…
The Public Records Advocate shall provide training for state agencies and local governments on the requirements and best practices for processing and responding to public records requests. The Public Records Advocate shall perform training sessions throughout this state. Upon the written request of a state agency or local government, the Public Records Adv…
On or before January 1 preceding the start of a biennium, the Public Records Advocate shall estimate the expenses the advocate will incur for the upcoming biennium in carrying out the provisions of ORS 192.461 to 192.477. The advocate shall report the estimate to the Oregon Department of Administrative Services and the Legislative Fiscal Officer. The advoca…
The Public Records Advocate Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Public Records Advocate Fund shall be credited to the Public Records Advocate Fund. The Public Records Advocate Fund shall consist of: Moneys collected under ORS 192.476; Moneys appropriated or otherwise transferred to…
The Judicial Department is not subject to ORS 192.464 and 192.475.
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The Public Records Advisory Council is created. The Public Records Advisory Council consists of: The Secretary of State or a designee of the Secretary of State; The Attorney General or a designee of the Attorney General; The Director of the Oregon Department of Administrative Services or a designee of the director; A representative of the news media who…
The Public Records Advisory Council created under ORS 192.481 shall periodically perform all of the following: Survey state agency and other public body practices and procedures for: Receiving public records requests, identifying the existence of records responsive to the requests and gathering and disclosing responsive records; Determining fee estimates …
As used in ORS 192.485 to 192.513, “public record” has the meaning given that term in ORS 192.311. Note: 192.485 to 192.513 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.
The Legislative Counsel shall prepare an open government impact statement for each measure reported out of a committee of the Legislative Assembly if the measure affects the disclosure, or exemption from disclosure, of a public record. An open government impact statement must: State whether the measure conforms to any standards adopted by the Legislative C…
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The Legislative Counsel shall notify the committees or interim committees of the Legislative Assembly related to the judiciary, or their designee, and the Oregon Sunshine Committee if a measure that changes an exemption from disclosure for public records or existing standards of disclosure for public records is introduced. Note: See note under 192.485.
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The committees or interim committees of the Legislative Assembly related to the judiciary shall review and may accept, modify or reject the plan or schedule for review of exemptions from disclosure for public records established by the Oregon Sunshine Committee under ORS 192.511. The committees or interim committees of the Legislative Assembly related to th…
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The committees or interim committees of the Legislative Assembly related to the judiciary may adopt rules applicable to deliberations of the committees under ORS 192.485 to 192.513. The rules may enhance the opportunity for public participation in the deliberations of the committees, including through the live-streaming of meetings. Note: See note under 192…
The Oregon Sunshine Committee is established, consisting of 15 members as follows: Four members of the committees or interim committees of the Legislative Assembly related to the judiciary shall be ex officio nonvoting members of the committee. The chairs of the committees shall appoint: Two members from the House of Representatives, one from the majority …
Pursuant to a plan or schedule for review accepted by the committees or interim committees of the Legislative Assembly related to the judiciary, the Oregon Sunshine Committee may review exemptions from disclosure of public records previously enacted into law for which an open government impact statement was not prepared. On or before May 1 of each even-numb…
As used in this section and ORS 179.505 and 192.517: “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. “Individual” means: An individual with a developmental disabil…
The system designated to protect and advocate for the rights of individuals shall have access to all records of: 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; Any individual, including an individual who has died or whose whe…
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As used in ORS 192.531 to 192.549: “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. “Blanket informed consent” means that the individual has consented to the use of the individual’s DNA sample or health information for any future res…
The Legislative Assembly finds that: The DNA molecule contains information about the probable medical future of an individual and the individual’s blood relatives. This information is written in a code that is rapidly being broken. Genetic information is uniquely private and personal information that generally should not be collected, retained or disclosed…
A person may not obtain genetic information from an individual, or from an individual’s DNA sample, without first obtaining informed consent of the individual or the individual’s representative, except: As authorized by ORS 181A.155 or comparable provisions of federal criminal law relating to the identification of persons, or for the purpose of establishing…
Subject to the provisions of ORS 192.531 to 192.549, 659A.303 and 746.135, an individual’s 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 individual’s representative to obtain, retain or use an individual’s genetic in…
A health care provider that is a covered entity as defined in ORS 192.556 (2)(c) and that obtains an individual’s 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 anonym…
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 …
Notwithstanding ORS 192.535 and 192.537 (2), a person may use an individual’s 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 individual’s biological specimen or clinical individually identifia…
An individual or an individual’s 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. For a violation of ORS 192.537 or 192.547, the court shall award the greater of actual damages or: $100, for an inadvertent violation that does not arise out of the negligence of the de…
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. Unlawfully obtaining, retaining or disclosing genetic information…
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. The Attorney General may intervene in a civil action brought unde…
The Oregon Health Authority 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…
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 the Oregon Health Authority shall appoint one representative and one alternate from each of the following categories: Acad…
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A public or private college or university health center, mental health center or counseling center that provides health care, mental health care or counseling services to students, or a health professional retained by a college or university to provide health care, mental health care or counseling services to students, may disclose records of health care, me…
It is the policy of the State of Oregon that an individual has: The right to have protected health information of the individual safeguarded from unlawful use or disclosure; and The right to access and review protected health information of the individual. In addition to the rights and obligations expressed in ORS 192.553 to 192.581, the federal Health In…
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As used in ORS 192.553 to 192.581: “Authorization” means a document written in plain language that contains at least the following: A description of the information to be used or disclosed that identifies the information in a specific and meaningful way; The name or other specific identification of the person or persons authorized to make the requested us…
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A health care provider or state health plan: 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. May use or disclose protected health information of an individual without obtaining an authorization from the individua…
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Notwithstanding ORS 179.505, a health care provider that is a participant in a coordinated care organization, as defined in ORS 414.025, shall disclose protected health information: To other health care providers participating in the coordinated care organization for treatment purposes, and to the coordinated care organization for health care operations and…
A health care provider or state health plan that receives an authorization to disclose protected health information may charge: 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 A bonus charge of $5 if the request for records is …
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A health care provider may use an authorization that contains the following provisions in accordance with ORS 192.558: ______________________________________________________________________________ AUTHORIZATION TO USE AND DISCLOSE PROTECTED HEALTH INFORMATION I authorize: _______________ (Name of person/entity disclosing information) to use and disclos…
A health care provider may use or disclose protected health information of an individual without obtaining an authorization from the individual or a personal representative of the individual if the conditions in paragraph (b) of this subsection are met and: The disclosure is to a family member, other relative, a close personal friend or other person identif…
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 192.558. Note: See note under 192.553.
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Nothing in ORS 192.556 or 192.558 may be construed to create a new private right of action against a health care provider or a state health plan. Note: See note under 192.553.
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 enti…
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In the case of an individual appealing the denial of Social Security disability benefits, a covered entity shall upon request provide to the individual or the individual’s personal representative, free of charge, one copy of the individual’s health information created after the date that the individual alleged as the onset of disability in the individual’s i…
A health care provider shall disclose protected health information concerning an adult in custody of a Department of Corrections facility to the physician of an employee of the department or of Oregon Corrections Enterprises, without an authorization from the adult in custody or a personal representative of the adult in custody, if: The employee, in the per…
As used in this section, “entity” means a health care provider, a coordinated care organization, as defined in ORS 414.025 or a prepaid managed care health services organization, as defined in ORS 414.025, that provides health care to an individual, if the care is paid for by a state health plan. Notwithstanding ORS 179.505, an entity may disclose the ident…
No operative statutory text appears at this designation in the selected edition.
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. Notwithstanding ORS 192.539 (1), a health care provider may disclos…
As used in this section: “Bedbug” means a member of the Cimicidae family of parasitic insects. “Public health authority” means: A local public health authority, as defined in ORS 431.003; or The Oregon Health Authority. The following information reported by pest control operators to a public health authority must be maintained confidentially and is not …
As used in ORS 192.583 to 192.607: “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…
No operative statutory text appears at this designation in the selected edition.
Except as provided in ORS 192.588, 192.589, 192.591, 192.593, 192.596, 192.597, 192.598 and 192.603 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, and ORS 305.084: A financial institution may not provide financial records of a customer to a state or local agency. A state or lo…
No operative statutory text appears at this designation in the selected edition.
Upon the request of the Department of Human Services or the Oregon Health Authority 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 informati…
At any time after an individual dies, the Department of Human Services or the Oregon Health Authority may deliver to a financial institution the written notice and request described in subsection (2) of this section. A written notice and request under this section must: Include the name, last known address and Social Security number of the deceased individ…
No operative statutory text appears at this designation in the selected edition.
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 account’s activ…
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. The authorization of disclosure shall: Be in writing, signed and dated by the customer; Identify with particularity the recor…
No operative statutory text appears at this designation in the selected edition.
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. The state or local agency issuing such summons or subpoena shall mak…
Notwithstanding ORS 192.596, a financial institution shall disclose and provide copies of the financial records of a person who is the alleged victim in an investigation under ORS 124.070 or 441.650 in accordance with a subpoena issued by a court or on behalf of a grand jury under ORS 136.563. A subpoena issued under this section shall specify: The name an…
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. The content of the search warrant shall conform to the requirements of ORS 133.565. The state or local agency seeking financial r…
Nothing in ORS 192.583 to 192.607 shall require a financial institution to inquire or determine that those seeking disclosure have duly complied with the requirements set forth in ORS 192.583 to 192.607, provided only that the customer authorization, summons, subpoena or search warrant served upon or delivered to a financial institution pursuant to ORS 192.5…
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. Except as provided in paragraphs (b) and (c) of this subsection, a “reasonable period of time” shall in no case be less than 10 days from the date …
As used in this section: “Account information” means, whether or not the financial institution has an account under a particular customer’s name, the number of customer account items dishonored or that created overdrafts, dollar volume of dishonored items and items that when paid created overdrafts, a statement explaining any credit arrangement between the …
Financial institutions that participate in an attorney trust account overdraft notification program established under ORS 9.685 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.
Any customer who suffers any ascertainable loss as a result of a willful violation of ORS 192.583 to 192.607 by any person, may bring an individual action in an appropriate court to recover actual damages or $1,000, whichever is greater. Any customer who suffers any ascertainable loss as a result of a negligent violation of ORS 192.583 to 192.607 by any per…
If any provision of ORS 192.583 to 192.607 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 192.583 to 192.607 which can remain in effect without the invalid provision or application, and to this end the provisions of ORS 192.583 to 192.607 are …
As used in ORS 192.610 to 192.705: “Convening” means: Gathering in a physical location; Using electronic, video or telephonic technology to be able to communicate contemporaneously among participants; Using serial electronic written communication among participants; or Using an intermediary to communicate among participants. “Decision” means any determ…
The Oregon form of government requires an informed public aware of the deliberations and decisions of governing bodies and the information upon which such decisions were made. It is the intent of ORS 192.610 to 192.705 that decisions of governing bodies be arrived at openly.
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 192.705. 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 OR…
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 th…
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 meeti…
This section applies to any meeting of the following: The board of directors of a common or union high school district; The board of directors of an education service district; The board of education of a community college district; or The board of trustees of a public university described in ORS 352.002. A public body subject to this section must: Not…
ORS 192.610 to 192.705 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 192.705 for holding the executive session. The governing body of a public body may hold an executive session: To consider t…
Any person may submit to the Oregon Government Ethics Commission: A written request for the commission to issue and publish a commission advisory opinion under ORS 244.280 on the application of ORS 192.610 to 192.705 to any actual or hypothetical circumstance; A written request for the executive director of the Oregon Government Ethics Commission to issue …
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 192.705. When telephone or other electronic means of communication is used and the meeting is not an executive session, the governing body of the p…
A state board or commission may meet through telephone or other electronic means in accordance with ORS 192.610 to 192.705. Notwithstanding ORS 171.072 or 292.495, a member of a state board or commission who attends a meeting through telephone or other electronic means is not entitled to compensation or reimbursement for expenses for attending the meeting. …
A decision made by a governing body of a public body in violation of ORS 192.610 to 192.705 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 192.705. A decision that is reinstated is effective from the date of its initial adoption. Any person affected…
Notwithstanding ORS 192.680, complaints of violations of any provision of ORS 192.610 to 192.705 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. If at any time the commis…
ORS 192.610 to 192.705 do not apply to any of the following: Deliberations of the Psychiatric Security Review Board or the State Board of Parole and Post-Prison Supervision. Deliberations of state agencies conducting hearings on contested cases in accordance with the provisions of ORS chapter 183. Deliberations of the Workers’ Compensation Board or the Em…
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 192.705 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 Oregon Government Ethics Commission shall annually prepare training on the requirements of ORS 192.610 to 192.705 and best practices to enhance compliance with those requirements. The commission may delegate the preparation and presentation of trainings to another organization, except that the commission must approve the content of training prepared by a…
A person who believes that a governing body has acted in violation of ORS 192.610 to 192.705 may, within 30 days of the alleged violation, file a written grievance with the public body whose governing body is alleged to have violated ORS 192.610 to 192.705, setting forth the specific facts and circumstances that the person asserts amounted to a violation of …
No operative statutory text appears at this designation in the selected edition.
ORS 192.715 to 192.760 may be cited as the Uniform Electronic Legal Material Act. Note: 192.715 to 192.760 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.
As used in ORS 192.715 to 192.760: “Electronic” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic or similar capabilities. “Legal material” means, whether or not in effect: The Oregon Constitution; Session laws published by the Legislative Counsel under ORS 171.236; The Oregon Revised Statutes; or Ore…
If an official publisher publishes legal material only in an electronic record, the publisher shall: Designate the electronic record as official; and Comply with ORS 192.730, 192.740 and 192.745. An official publisher that publishes legal material in an electronic record and also publishes the material in a record other than an electronic record may desig…
An official publisher of legal material in an electronic record that is designated as official under ORS 192.725 shall authenticate the record. To authenticate an electronic record, the publisher shall provide a method for a user to determine that the record received by the user from the publisher is unaltered from the official record published by the publis…
Legal material in an electronic record that is authenticated under ORS 192.730 is presumed to be an accurate copy of the legal material. If another state has adopted a law substantially similar to ORS 192.715 to 192.760, legal material in an electronic record that is designated as official and authenticated by the official publisher in that state is presume…
An official publisher of legal material in an electronic record that is or was designated as official under ORS 192.725 shall provide for the preservation and security of the record in an electronic form or a form that is not electronic. If legal material is preserved under subsection (1) of this section in an electronic record, the official publisher shall…
An official publisher of legal material in an electronic record that is required to be preserved under ORS 192.740 shall ensure that the material is reasonably available for use by the public on a permanent basis. Note: See note under 192.715.
In implementing ORS 192.715 to 192.760, an official publisher of legal material in an electronic record shall consider: Standards and practices of other jurisdictions; The most recent standards regarding authentication of, preservation and security of, and public access to, legal material in an electronic record and other electronic records, as promulgated…
In applying and construing ORS 192.715 to 192.760, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. Note: See note under 192.715.
ORS 192.715 to 192.760 modify, limit, and supersede the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7001 et seq., but do not modify, limit or supersede section 101(c) of that Act, 15 U.S.C. 7001(c), or authorize electronic delivery of any of the notices described in section 103(b) of that Act, 15 U.S.C. 7003(b). Note: See note under…
As used in this section and ORS 192.805 and 192.810: “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. “Financial institution” means a fi…
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, reproducti…
ORS 192.805 does not apply to any subpoena issued by or on behalf of a state agency or local agency subject to the provisions of ORS 192.583 to 192.607, or if the financial institution is a named party to litigation that is the basis for issuance of the subpoena. ADDRESS CONFIDENTIALITY PROGRAM
As used in ORS 192.820 to 192.868: “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; or 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…
The Address Confidentiality Program is established in the Department of Justice to: Protect the confidentiality of the actual address of a health care provider or a victim of domestic violence, a sexual offense, stalking, bias or human trafficking; and Prevent assailants or potential assailants of the health care provider or victim from finding the health …
No operative statutory text appears at this designation in the selected edition.
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: An adult individual. A parent or guardian acting on behalf of a minor when the minor resides with the parent or guardian. A guardian acting on behalf of an incapacitated i…
An applicant for participation in the Address Confidentiality Program or a program participant may not: 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 applicant’s child or ward; or Knowingly provide false informatio…
No operative statutory text appears at this designation in the selected edition.
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. A program participant sh…
The Attorney General shall cancel the certification of a program participant if: The Attorney General determines that the program participant violated ORS 192.828; The Attorney General determines that the program participant violated ORS 192.832; or Subject to ORS 192.832 (2), first class, certified or registered mail forwarded to the program participant …
No operative statutory text appears at this designation in the selected edition.
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. A public body is not responsible for requesting that departments, divisions, affiliates or other organizational units of the p…
No operative statutory text appears at this designation in the selected edition.
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. A county clerk or other elections official shall use the substitute address of the program participant …
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. Each public body that receives a request from a program participant under ORS 192.836 shall adopt a procedure to prevent unnecessary disclosure of…
No operative statutory text appears at this designation in the selected edition.
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 participant’s actual address contain instead the substitute address designated by the Attorney General. A request under this subsection must: Be in a form specified by the department; and Contain v…
The Attorney General may not disclose the actual address or telephone number of a program participant, except under either of the following circumstances: 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 …
No operative statutory text appears at this designation in the selected edition.
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. 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 progra…
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, a sexual offense, stalking or human trafficking as application assistants to assist individuals applying to participate in the Address Confidentiality Program. Any assistance rendered …
No operative statutory text appears at this designation in the selected edition.
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 …
The Attorney General shall disclose in writing to a program participant prior to certification: The rights and obligations of the program participant under ORS 192.820 to 192.868; and The term of certification as determined by the Attorney General under ORS 192.826. Note: See note under 192.820.
The Attorney General may adopt rules the Attorney General considers necessary to carry out the provisions of ORS 192.820 to 192.868. Note: See note under 192.820.
Violation of ORS 192.852 is a Class C misdemeanor. Note: See note under 192.820.
The Department of Justice may seek, solicit, receive and administer monetary grants, donations and gifts to establish and operate the Address Confidentiality Program. 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 thi…
No operative statutory text appears at this designation in the selected edition.