justicedao/ipfs_state_laws huggingface dataset:
166-025-0020 Targets and Certifications The following informational and technical targeting and certification shall be included in all public records on roll microfilm. All targets are available from the Archives Division: (1) At the beginning of each roll there shall appear: (a) A minimum of 24 linear inches of exposed and, processed blank film; (b) Followed immediately by three exposures of clean, blank white paper or the density target; (c) Followed by a planetary camera or rotary camera technical target of the type specified by the American National Standards Institute and the Association for Information and Image Management (hereafter ANSI/AIIM) in standards ANSI/AIIM MS19-1993; Recommended Practice for the Identification of Microforms and ANSI/AIIM MS23-2004P; Practice for Operational Procedures/Inspection and Quality Control of First-Generation Silver Gelatin Microform of Documents for the laboratory measurement of resolution and reduction ratio; (d) Followed immediately by a “Start” target; (e) Followed by a target indicating roll number; (f) Followed immediately by a title sheet containing name of agency creating the records, series title of the records, starting identification (first records number, etc.) and reduction ratio. All missing documents or records shall be so identified with an appropriate target. (2) At the end of each roll there shall appear: (a) A target sheet including series title of the records filmed, ending identification (last record number, etc.); (b) A Certificate of Legality and Authenticity, including the name and signature of the camera operator; (c) Followed by a target indicating roll number; (d) Followed by an “End of Reel” target; (e) Followed by three exposures of clean, blank white paper or the density target; (f) Followed by 24 inches of exposed and processed blank film. (3) See the Archives Division Micrographics Manual for instructions on use of these and other informational targets. [ED. NOTE: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 192.070, 357.825(2) & 357.895 Statutes/Other Implemented: ORS 357.825(2), 357.855 & 357.895 History: OSA 9-2009, f. & cert. ef. 10-15-09 OSA 5-1992, f. 12-21-92, cert. ef. 1-1-93
166-025-0021 Hybrid Systems The use of hybrid systems (system that combines a micrographic/microfilm analog system with an electronic, digital technology) may be used provided the following conditions have been met: (1) Electronic Imaging to Microfilm-for records with a retention period of 100 years or greater (a) The microfilm copy produced is a silver halide microfilm that meets all of the requirements for microfilm outlined in OAR 166 Division 25. (b) Each roll of film produced from an electronic imaging system carries the required targets for both electronic imaging systems (166-017-0031) and for microfilm (166-025). (c) Each roll of film that will be deposited into the Security Copy Depository shall be polysulfide treated according to OAR 166-025. (d) Documents shall be scanned using a resolution of not less than 200 dpi and can be transferred to either 16mm or 35mm rolls of microfilm. However, documents containing fonts smaller than six-point, architectural and engineering drawings, maps, and line art shall be scanned at a minimum density of 300 dpi. In addition, documents containing fonts smaller than six-point, architectural and engineering drawings, maps, and line art shall be recorded on 35 mm roll silver halide film only. (e) One-hundred percent of the scanned images shall be verified for completeness and accuracy prior to the destruction of the original record. The verification of images shall include the inspection of images on the microfilm. (2) For records with a retention period of less than 100 years, documents shall be scanned using a resolution of not less than 200 dpi; documents containing fonts smaller than six-point, architectural and engineering drawings, maps, and line art shall be scanned at a minimum density of 300 dpi, and one-hundred percent of the scanned images shall be verified for completeness and accuracy prior to the destruction of the original record. (3) Microfilm to Electronic Imaging (a) A duplicate of the microfilm shall be made prior to scanning the microform. (b) One-hundred percent of the scanned images shall be verified for completeness and accuracy. (c) Microfilm with a retention period of less than 100 years may be destroyed once one-hundred percent of the scanned images are verified for completeness and accuracy. (d) Microfilm with a retention period of greater than 100 years may not be destroyed unless written permission has been obtained from the State Archivist. (4) Targeting and certification shall be completed according to the requirements of 166-025-0022. Statutory/Other Authority: ORS 192 & 357 Statutes/Other Implemented: ORS 192.005 - 192.170 & 357.805 - 357.895 History: OSA 9-2009, f. & cert. ef. 10-15-09
166-025-0022 Target and Certifications (Hybrid Systems) The following informational and technical targeting and certification shall be included in all public records on hybrid systems. All targets are available from the Archives Division: (1) At the beginning of each roll there shall appear: (a) 24” of processed leader (b) One blank sheet of white paper (c) ANSI/AIIM Scanner Test Chart #2 (d) Title sheet that includes series title, roll number, agency name, reduction ratio and dpi (2) At the end of each roll there shall appear: (a) Certificate of legality and authenticity (required information: Name of record creating agency, series title, date(s) of filming, name of scanner operator, signature of scanner operator, date signed. (b) One blank sheet of white paper (c) 24” of processed trailer Statutory/Other Authority: ORS 192 & 357 Statutes/Other Implemented: ORS 192.005 - 192.170 & 357.805 - 357.895 History: OSA 9-2009, f. & cert. ef. 10-15-09
166-025-0025 Storage of Security Microfilm Custodians of microfilm which contains long-term or permanent records shall provide off-site storage for silver security microfilm. This storage shall be at the appropriate temperature and relative humidity as specified in ANSI IT9.11 — (1998) American National Standard for Imaging Media — Processed Safety Photographic Film — Storage. Security microfilm shall be stored in acceptable containers and on acceptable reels. (See OAR 166-025-0015; Technical Specifications for Roll Microfilm) [ED. NOTE: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 192.070, 357.825(2) & 357.895 Statutes/Other Implemented: ORS 357.825(2), 357.855 & 357.895 History: OSA 9-2009, f. & cert. ef. 10-15-09 OSA 5-1992, f. 12-21-92, cert. ef. 1-1-93
166-025-0030 Security Copy Depository The Archives Division operates the Security Copy Depository. The following are requirements for deposit of microfilm in Depository: (1) Microfilm with an approved retention period between 10 and 99 years: (a) Microfilm will be inspected for evidence of deterioration only on request of the depositor. Depositors shall be charged for all inspections. (b) Microfilm for deposit shall be silver gelatin film, but may be unitized formats (e.g., microfiche, aperture cards). Non-silver films will not be accepted. (c) All microfilm must be accompanied by a valid transmittal at the time of transfer. (2) Microfilm with an approved retention period of 100 years or greater: (a) Microfilm must have received approved, polysulfide treatment prior to acceptance into the Depository. (b) Use of the Depository satisfies the off-site storage requirements of OAR 166-025-0025, Storage of Security Microfilm; (c) Film transferred to the Security Copy Depository with a retention of 100 years or more will be inspected upon receipt for compliance with OAR 166-025-0015. (d) The Archives Division shall require remedial action and/or image stabilization treatment on microfilm in the Security Copy Depository with a retention of 100 years or more and accepted prior to 1999. Depositors shall be charged for image stabilization and/or remedial treatments. Depositors who do not wish to have their film treated, will have their film returned to them. (e) All microfilm in the Security Copy Depository with a retention of 100 years or more shall be on 16 mm, 35 mm, or 105 mm polyester based wet-processed silver gelatin roll film only; (f) All microfilm in the Security Copy Depository with a retention of 100 years or more shall be enclosed in inert plastic containers in accordance with ANSI IT9.2-1991; For Imaging Media — Photographic Processed Films, Plates, and Papers — Filing Enclosures and Storage Containers. Containers shall be labeled in compliance with the requirements in the Oregon State Archives Division Micrographics Manual. (g) All microfilm in the Security Copy Depository with a retention of 100 years or more shall be accompanied by a valid transmittal at the time of transfer; (h) Non-silver films will not be accepted. [ED. NOTE: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 192.070, 357.825(2) & 357.895 Statutes/Other Implemented: ORS 357.825(2), 357.855 & 357.895 History: OSA 9-2009, f. & cert. ef. 10-15-09 OSA 5-1992, f. 12-21-92, cert. ef. 1-1-92
166-025-0035 Microfilm as Official Copy of Public Record Microfilm may be substituted for any paper or machine readable record if it is made according to the following conditions: (1) A security copy of microfilm of public records which has a required minimum retention period of 100 years or longer must be made and stored in accordance with OAR 166-025-0005 to 166-025-0030. A security copy must be reserved and used solely as a backup security copy or as a master for making working copy duplicate film when required. (2) Working copies of microfilm, and microfilm of public records with a minimum retention period of less than 100 years, may be made in accordance with agency standards and requirements for the retention period of the public records, including the option of using any film, processing system, or storage containers the agency may select. Statutory/Other Authority: ORS 192 & 357 Statutes/Other Implemented: ORS 192.005 - 192.170 & 357.805 - 357.895 History: OSA 9-2009, f. & cert. ef. 10-15-09
166-030-0005 Purpose This Division specifies requirements for agency records management programs, and specifies the lawful authority and methods to destroy or otherwise dispose of public records. They apply to all public records, regardless of medium or physical format, created and stored by state and local agencies. Statutory/Other Authority: ORS 192 & 357 Statutes/Other Implemented: ORS 192 & 357 History: OSA 9-2009, f. & cert. ef. 10-15-09 OSA 3-1996, f. 4-9-96, cert. ef. 4-15-96 OSA 3-1988, f. & cert. ef. 10-20-88 OSA 5, f. 12-30-77, ef. 1-1-78 OSA 2, f. & ef. 11-21-75
166-030-0016 Appointment of Records Officer To establish a records management program that ensures the orderly retention and disposition of all public records, and to ensure the preservation of public records of value, each state or local agency shall designate a Records Officer. Records Officers organize and coordinate the agency’s Records Management Program, serve as their agency’s primary liaison with the State. Typical duties include planning, controlling, directing, organizing, training, promoting the program, and other activities involving the life cycle of information including records scheduling, retirement, storage and destruction. The State Archivist will provide training and assistance for Records Officers. Statutory/Other Authority: ORS 357.855 & 357.895 Statutes/Other Implemented: ORS 357.855 & 357.895 History: OSA 9-2009, f. & cert. ef. 10-15-09 OSA 3-1988, f. & cert. ef. 10-20-88 OSA 2-1987, f. & ef. 2-6-87 OSA 5, f. 12-30-77, ef. 1-1-78
166-030-0019 Written Policies State Agencies must develop and implement written policies that set forth the agency’s use, access, retention and ownership of public records. These policies, including any subsequent amendments, must be submitted to the State Archivist for approval per ORS 192.018. Model policies are available from the State Archivist. Although not required, the State Archives recommends the use of such policies by all agencies, including local governments. Statutory/Other Authority: ORS 192 & ORS 357 Statutes/Other Implemented: ORS 357.855 & 357.895 History: OSA 1-2016, f. & cert. ef. 5-5-16
166-030-0021 Inventory and Appraisal (State Agencies) To ensure accurate identification and evaluation of its records, each state agency shall, cooperate with the State Archivist in preparation of an inventory of the records of each of its organizational units, including the records of any other agency in its custody. These inventories shall be used to prepare a Special Schedule (OAR 166-030-0026) for public records in agency custody, regardless of medium or physical format. Special Schedules will not include schedules for records already listed in the State Agency General Schedule (OAR 166-300). Statutory/Other Authority: ORS 192 & 357 Statutes/Other Implemented: ORS 192, 357.855 & 357.895 History: OSA 9-2009, f. & cert. ef. 10-15-09 OSA 3-1996, f. 4-9-96, cert. ef. 4-15-96 OSA 3-1992, f. 4-3-92, cert. ef. 4-6-92 OSA 3-1988, f. & cert. ef. 10-20-88 OSA 2-1987, f. & ef. 2-6-87 OSA 5, f. 12-30-77, ef. 1-1-78
166-030-0026 Public Records Retention and Disposition Authorization (State Agencies) Authorization for destruction of public records by a state agency shall be obtained as follows: (1) No authorization is required to destroy materials which are excluded or exempt by statute from the definition of public records. (ORS 192. 005(5), 192.170) (2) A Special Schedule approved by the State Archivist, or an applicable State Agency General Records Retention Schedule found in OAR chapter 166, division 300, establishes the appropriate retention and disposition for state agency records. A state agency shall destroy public records that have met the terms and conditions of their scheduled retention period, subject to the prior audit requirements of 166-030-0041 and any suspension ordered under the provisions of 166-030-0045. Special Schedules shall be created from inventories (166-030-0021). Unless otherwise stated, a retention period shall be calculated from the date the public record was created. Retention periods for state agency records are both a minimum retention and a maximum retention period. (3) State agencies shall submit a record of all public records (paper only) destroyed on the authority of the approved records retention schedules. This record shall list schedule number, record series title, cubic feet destroyed, and date destroyed. For electronic records, only agencies using an electronic records management system, need to report the records destroyed. The destruction report generated by the system shall suffice and should include retention schedule number, record series title, and date destroyed. Both the destruction report for paper records and for electronic records (when applicable) shall be forwarded to the State Archivist on an annual basis. (4) Notwithstanding any existing records retention schedule, any State Agency electronic records with a scheduled retention period of Permanent, and which are also scheduled to be transferred to the State Archives, shall be kept by the agency in both electronic form and hard copy or microfilm form until State Archives electronic records accession review is completed. The State Archives will notify the agency in writing which electronic records, if any, will be accessioned and will specify transfer procedures, required format, required metadata and a required timetable for the electronic records transfer. Statutory/Other Authority: ORS 192 & 357 Statutes/Other Implemented: ORS 192, 357.855 & 357.895 History: OSA 9-2009, f. & cert. ef. 10-15-09 OSA 3-1996, f. 4-9-96, cert. ef. 4-15-96 OSA 1-1995, f. & cert. ef. 5-31-95 OSA 3-1992, f. 4-3-92, cert. ef. 4-6-92 OSA 3-1988, f. & cert. ef. 10-20-88 OSA 2-1987, f. & ef. 2-6-87 OSA 5, f. 12-30-77, ef. 1-1-78
166-030-0041 Prior Audit of Fiscal Public Records Required Public records of fiscal transactions, regardless of medium or physical format, may not be destroyed until the minimum retention period has passed and the person charged with their audit has released them for destruction. If federal funds are involved, requirements of the United States government shall be observed. Statutory/Other Authority: ORS 192 & 357 Statutes/Other Implemented: ORS 192, 357.855 & 357.895 History: OSA 9-2009, f. & cert. ef. 10-15-09 OSA 3-1996, f. 4-9-96, cert. ef. 4-15-96 OSA 3-1988, f. & cert. ef. 10-20-88 OSA 5, f. 12-30-77, ef. 1-1-78
166-030-0045 Suspension of Scheduled Public Records Destruction A scheduled destruction of records, regardless of medium or physical format, which are the subject of a public records request or pending litigation shall be suspended until the request or litigation has been resolved. Only those records which have been specifically requested need be retained. Statutory/Other Authority: ORS 192 & 357 Statutes/Other Implemented: ORS 192, 357.855 & 357.895 History: OSA 9-2009, f. & cert. ef. 10-15-09 OSA 3-1996, f. 4-9-96, cert. ef. 4-15-96 OSA 1-1990, f. & cert. ef. 2-13-90 OSA 3-1988, f. & cert. ef. 10-20-88 OSA 5, f. 12-30-77, ef. 1-1-78
166-030-0060 Public Records Disposition and Destruction (State and Local Agencies) A Special Schedule approved by the State Archivist, or an applicable General Schedule published in OAR Chapter 166, authorizes disposition of public records. Disposition includes: (1) Transfer to the custody of the State Archivist. When the scheduled retention period specifies transfer to the State Archives, an agency shall transfer its custody of the specified records to the custody of the State Archivist. (2) Shredding, Pulping, or Incineration. Public Records which are confidential by law and negotiable instruments (even when cancelled or satisfied in writing) must be destroyed by shredding, pulping, or incineration. The destruction should be supervised and witnessed by a responsible employee of the agency. When using a contractor to destroy public records, the state or local agency must require posting of a bond or undertaking by the contractor to indemnify the state or local agency against any claims or actions resulting from his failure to protect the confidentiality of the public records, and must require a provision precluding sale, transfer, or delivery of the public records to a third party prior to data obliteration. The agreement shall also include provisions requiring secure transit to and handling by the contractor; and prompt processing of the public records by the contractor to fully obliterate the data they contain by shredding, pulping, or incineration. (3) Recycling. Records which are not confidential by law may be sold or traded for recycling of the fiber or chemical they contain, provided that the sale or trade agreement includes provisions to ensure that the public records are promptly converted into a form which precludes use of the information they contain. (4) Deposit in a Library, Museum, or Historical Society with the permission of the State Archivist. The originals of public records that have been microfilmed in compliance with ORS 192.040 to 192.070 and OAR 166-025, and other public records which have continuing local historical value although destruction is authorized, may be deposited in a Library, Museum, or Historical Society if disclosure of the record is not prohibited by law and the depository agrees to comply with ORS 162.305, 192.420, and 192.430. Agreements for such deposits must stipulate that the depository cannot sell or otherwise dispose of the records except by lawful and complete destruction or by returning them to the depositing agency. Permission of the State Archivist is required prior to transfer of records. (5) Additional destruction requirements for electronic records are specified in OAR 166-017-0061. Statutory/Other Authority: ORS 192 & 357 Statutes/Other Implemented: ORS 192, 357.855 & 357.895 History: Reverted to OSA 9-2009, f. & cert. ef. 10-15-09 OSA 3-2011(Temp), f. & cert. ef. 7-15-11 thru 1-11-12 OSA 9-2009, f. & cert. ef. 10-15-09 OSA 3-1996, f. 4-9-96, cert. ef. 4-15-96 OSA 3-1988, f. & cert. ef. 10-20-88 OSA 5, f. 12-30-77, ef. 1-1-78
166-150-0001 Definitions and Applicability (1) Definitions. (a) as used in these Division 150 rules: (A) “Agency” means any of Oregon’s 36 counties or any special district as defined in ORS 198.010. (B) “Series” has the meaning given the term “record series” in OAR 166-005-0010. (b) OAR 166-005-0010 and OAR 166-017-0011 contain general definitions that may also apply to these Division 150 rules. (2) Applicability. This General Records Retention Schedule applies to the official copy of all public records, regardless of medium or physical format, that are created or stored by counties and special districts. A county or special district may destroy public records which have met the terms and conditions of their scheduled retention period, subject to the prior audit requirements of OAR 166-030-0041 and any suspension ordered under the provisions of OAR 166-030-0045. Please note the exceptions to this General Schedule listed in OAR 166-030-0026 before disposing of records. Statutory/Other Authority: ORS 192.005–192.170 & ORS 357.805–357.895 Statutes/Other Implemented: ORS 192.005–192.170 & ORS 357.805–357.895 History: OSA 7-2025, adopt filed 11/05/2025, effective 11/05/2025
166-150-0030 Counsel Records (1) Civil and Criminal Case Files: Series documents civil and criminal cases filed by or against the agency, and prosecution of criminal cases by district attorney’s office. Records may include complaints, summons, investigations, citations, law enforcement reports, driving records, subpoenas, motions, pleadings, judgments, and related documentation. SEE ALSO: Liability Claim Records. Minimum Retention: 10 years after case closed, dismissed, or date of last action. (2) Dispute Resolution Records: Series documents personnel disputes resolved through mediation or arbitration instead of pursuing action through the court system. Records may include pleadings, investigation reports, dispositions, and related documentation. SEE ALSO: Personnel Records section. Minimum retention: 3 years. (3) Land Use Board of Appeals (LUBA) Case Files: Series documents land use decisions made by the agency that have been appealed to and reviewed by the Land Use Board of Appeals. Records may include staff reports, land use orders, pleadings, briefs, and related documentation. SEE ALSO: Board of Commissioners or County Court Meeting Records. Minimum retention: 10 years after final decision. (4) Legal Opinions: Series documents opinions and /or interpretations issued by agency counsel to elected officials, bureaus, commissions, other agencies or bodies, and internal departments. Minimum retention: (a) Formal opinions, permanent; (b) Informal opinions, 10 years. (5) Tort Claim Records: Series documents notices given to the agency of potential suits against it, and the agency response to such notices. Note: ORS 30.275 defines limitations and time frames required for tort claims and actions surrounding them. Minimum retention: 3 years after claim closed. (6) Victim/Witness Assistance Program Records: Series documents the administration of victim/witness assistance programs. Records may include reports, activity logs, expense statements, records documenting state action, and related documentation. Minimum retention: 5 years. Statutes/Other Implemented: ORS 192.005–192.170 & ORS 357.805–357.895 History: OSA 7-2025, amend filed 11/05/2025, effective 11/05/2025 OSA 4-2004, f. & cert. ef. 9-1-04