justicedao/ipfs_state_laws huggingface dataset:
ORS Chapter 192 — Records; Public Reports and

ORS 192.395. 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 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 414.591, 414.631 and 414.688 to 414.745 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 coordinated care organization contract under ORS 414.591 or a contract with a prepaid managed care health services organization, as defined in ORS 414.025; (2) The amounts the agency and each contractor have paid under each coordinated care organization contract under ORS 414.591 or prepaid managed care health services organization contract 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 coordinated care organization contract or prepaid managed care health services organization contract, listed by category of individual. [Formerly 192.493] Note:
ORS Chapter 192 — Records; Public Reports and

ORS 192.398. 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. [Formerly 192.496] Note:
ORS Chapter 192 — Records; Public Reports and

ORS 192.405. [2011 c.485 1; renumbered 192.385 in 2017] (Appeals)
ORS Chapter 192 — Records; Public Reports and

ORS 192.407. granting petition; penalty. (1) A person who has submitted a written public records request in compliance with a public bodys 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: (a) The failure of a public body to provide the response required by ORS
ORS Chapter 192 — Records; Public Reports and

ORS 192.411. appeal from decision of Attorney General denying inspection. (1) 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 provided in ORS 192.401 (2), 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 public record, or if the Attorney General grants the petition in part and orders the state agency to disclose a portion of the public 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 ORS 192.401 (3), in the circuit court of the county where the public 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 public 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. [Formerly subsections (1) to (3) of 192.450]
ORS Chapter 192 — Records; Public Reports and

ORS 192.415. effect of disclosure. (1) 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: (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 192.411 (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. [Formerly
ORS Chapter 192 — Records; Public Reports and

ORS 192.418. official to take timely action on inspection petition. (1) The failure of the Attorney General or district attorney to issue an order under ORS
ORS Chapter 192 — Records; Public Reports and

ORS 192.422. (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 Salem, or the district attorneys office in the county courthouse. (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. [Formerly
ORS Chapter 192 — Records; Public Reports and

ORS 192.427. 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 192.401, 192.411 or 192.415, 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. [Formerly 192.480]
ORS Chapter 192 — Records; Public Reports and

ORS 192.431. Court authority in reviewing action denying right to inspect public records; docketing; costs and attorney fees PUBLIC RECORDS ADVOCATE
ORS Chapter 192 — Records; Public Reports and

ORS 192.445. Note:
ORS Chapter 192 — Records; Public Reports and

ORS 192.450. [1973 c.794 6; 1975 c.308 2; 1997 c.791 8; 1999 c.751 4; 2017 c.101 4; subsections (1) to (3) renumbered 192.411 and subsections (4) to (7) renumbered
ORS Chapter 192 — Records; Public Reports and

ORS 192.460. [1973 c.794 7; 2007 c.513 4; renumbered 192.415 in 2017] PUBLIC RECORDS ADVOCATE
ORS Chapter 192 — Records; Public Reports and

ORS 192.461. (1) 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. (2) The Public Records Advocate shall be appointed by the Public Records Advisory Council under ORS 192.481. (3) The Public Records Advocate shall be a member in good standing of the Oregon State Bar. (4) The term of office of the Public Records Advocate shall be four years, except that the advocate may be removed for cause by the Public Records Advisory Council. A determination to remove for cause may be appealed as a contested case proceeding under ORS chapter 183. (5) The advocate may be reappointed to consecutive terms. (6) The Public Records Advocate is in the exempt service. (7)(a) The Public Records Advocate shall select, appoint and fix the compensation of a Deputy Public Records Advocate. The Deputy Public Records Advocate shall be a member in good standing of the Oregon State Bar. (b) The Public Records Advocate may delegate to the Deputy Public Records Advocate any authority, power or duty to act possessed by the Public Records Advocate except the power to delegate set forth in this paragraph. (c) If the position of the Public Records Advocate becomes vacant, the Deputy Public Records Advocate shall serve as the acting Public Records Advocate until a new Public Records Advocate has been appointed. (8)(a) The Public Records Advocate may hire and fix the compensation of other professional staff to assist in performing the duties assigned to the Public Records Advocate. (b) Officers and employees of the office of the Public Records Advocate are in the exempt service. (9) The Public Records Advocate may seek out office facilities and administrative support from other state agencies or local public bodies. State agencies shall assist the advocate. Local public bodies may assist the advocate.
ORS Chapter 192 — Records; Public Reports and

ORS 192.464. (1)(a) 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. (b) The Public Records Advocate may provide facilitated dispute resolution services when requested by a person described in subsection (6) of this section and a city. (2) A person may seek facilitated dispute resolution services under this section when seeking to inspect or receive copies of public records from a state agency and the person: (a) Has been denied access to all or a portion of the records being sought; (b) Has been denied a fee waiver or reduction in fees after asserting under ORS
ORS Chapter 192 — Records; Public Reports and

ORS 192.468. Consistent with ORS 192.464 and rules adopted thereunder, the Public Records Advocate possesses sole discretion over the conduct of facilitated dispute resolution sessions.
ORS Chapter 192 — Records; Public Reports and

ORS 192.472. 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
ORS Chapter 192 — Records; Public Reports and

ORS 192.475. (1) 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. (2) The Public Records Advocate shall perform training sessions throughout this state. (3) Upon the written request of a state agency or local government, the Public Records Advocate may provide guidance and advice on matters pertaining to public records request processing and the disclosure and applicability of exemptions from disclosure of public records. (4) Guidance and advice provided pursuant to subsection (3) of this section is purely advisory and must cease when the particular advice sought relates to a matter that is referred to facilitated dispute resolution under ORS 192.464.
ORS Chapter 192 — Records; Public Reports and

ORS 192.476. (1) 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. (2) The advocate shall charge an assessment to each public body in state government so as to recoup the costs estimated under subsection (1) of this section. Each public body in state government shall pay to the credit of the advocate the amount the public body was assessed under this subsection as an administrative expense from funds or appropriations available to the public body in the same manner as other claims against the public body are paid. (3) The advocate shall adopt rules specifying the method for allocating the expenses described in subsection (1) of this section among public bodies in state government and for collecting the assessments described in this section. (4) As used in this section, state government has the meaning given that term in ORS 174.111.
ORS Chapter 192 — Records; Public Reports and

ORS 192.477. (1) 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. (2) The Public Records Advocate Fund shall consist of: (a) Moneys collected under ORS 192.476; (b) Moneys appropriated or otherwise transferred to the fund by the Legislative Assembly; and (c) Interest earnings of the fund. (3) Moneys in the Public Records Advocate Fund are continuously appropriated to the Public Records Advocate for the purpose of funding the operations of the office of the Public Records Advocate and the Public Records Advisory Council.
ORS Chapter 192 — Records; Public Reports and

ORS 192.478. or to members of the public. (5) A public body may assert that an Oregon statute exempts a public record in the custody of the public body from disclosure even if that statute is not listed in the catalog or the catalog does not include that public body in the catalogs description of the public bodies to which that exemption applies. [2017 c.456 7] Note: See note under 192.329.
ORS Chapter 192 — Records; Public Reports and

ORS 192.480. [1973 c.794 8; renumbered 192.427 in 2017] PUBLIC RECORDS ADVISORY COUNCIL
ORS Chapter 192 — Records; Public Reports and

ORS 192.483. (1) The Public Records Advisory Council created under ORS 192.481 shall periodically perform all of the following: (a) Survey state agency and other public body practices and procedures for: (A) Receiving public records requests, identifying the existence of records responsive to the requests and gathering and disclosing responsive records; (B) Determining fee estimates and imposing or waiving fees under ORS 192.324; and (C) Determining and applying exemptions from required disclosure of public records. (b) Examine practices similar to those described in paragraph (a) of this subsection in other jurisdictions. (c) Identify inefficiencies and inconsistencies in application of the public records law that impede transparency in public process and government. (d) Make recommendations on changes in law, policy or practice that could enhance transparency in public process and government, and facilitate rapid dissemination of public records to requesters. (e) Make recommendations on the role of the Public Records Advocate as facilitator in disputes between custodians of public records and public record requesters. (2) No later than December 1 of each even-numbered year, the council shall submit to the Governor, and to the Legislative Assembly in the manner provided by ORS 192.245, a report that describes the findings of the council since the councils last report. The report may include recommendations for legislation. (3) The council or the Public Records Advocate may prepare reports and studies more frequently than required under subsection (2) of this section. (4) The council may adopt rules governing the operations of the office of the Public Records Advocate, including but not limited to rules establishing procedures for the conduct of facilitated dispute resolution under ORS 192.464. The council shall consider efficiencies and the preference for a policy of transparency and openness in government in this state in adopting rules under this subsection. (5) The Public Records Advocate shall serve as the custodian of all council records. [2017 c.728 10; 2021 c.582 3] PUBLIC RECORDS OVERSIGHT
ORS Chapter 192 — Records; Public Reports and

ORS 192.485. 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.
ORS Chapter 192 — Records; Public Reports and

ORS 192.488. (1) 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. (2) An open government impact statement must: (a) State whether the measure conforms to any standards adopted by the Legislative Counsel for drafting measures that establish exemptions from disclosure of public records; and (b) Describe how the measure would alter existing standards regarding the disclosure or exemption from disclosure of public records and how the measure would impact public interests in disclosure that would be served if the public record were subject to mandatory disclosure. [2017 c.654 2] Note: See note under 192.485.
ORS Chapter 192 — Records; Public Reports and

ORS 192.492. The Legislative Counsel shall notify the Legislative Counsel Committee, or its 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. [2017 c.654 3] Note: See note under 192.485.
ORS Chapter 192 — Records; Public Reports and

ORS 192.497. Note:
ORS Chapter 192 — Records; Public Reports and

ORS 192.499. (1) The Legislative Counsel Committee shall establish a public records subcommittee. (2) The President of the Senate and the Speaker of the House of Representatives shall appoint to the subcommittee four members of the Legislative Assembly from among the members of the committee as follows: (a) The President of the Senate shall appoint: (A) One member who is a member of the Senate and a member of the majority party; and (B) One member who is a member of the Senate and a member of the minority party. (b) The Speaker of the House of Representatives shall appoint: (A) One member who is a member of the House of Representatives and a member of the majority party; and (B) One member who is a member of the House of Representatives and a member of the minority party. (c) The President of the Senate and the Speaker of the House of Representatives shall each appoint a cochair from the members described in paragraphs (a) and (b) of this subsection. (3) The subcommittee 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. (4) The subcommittee shall review the Oregon Sunshine Committee reports required by ORS 192.511 and may accept, modify or reject the Oregon Sunshine Committee reports as the reports of the subcommittee. On or before September 1 of each even-numbered year, the subcommittee shall submit the subcommittee report, with the original Oregon Sunshine Committee report as an appendix, to the Legislative Counsel Committee. (5) The subcommittee shall cooperate with and invite advice and comment from: (a) The Attorney General; (b) The Governor; (c) The Secretary of State; (d) The State Treasurer; (e) Any committee or task force appointed by the Attorney General, the Governor or the Secretary of State to examine any aspect of ORS 192.311 to 192.478 or of the disclosure of public records; and (f) The Oregon Sunshine Committee. (6) Interested members of the public may provide comment to the subcommittee. [2017 c.654 4] Note: See note under 192.485.