reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 192 - Records; Public Reports and Meetings › Section 192.540 - Use of deceased individual’s DNA sample or genetic information for research.

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 identifiable health information was obtained. [2005 c.678 §8]
Note:
See note under 192.531.
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 192 - Records; Public Reports and Meetings › Section 192.541 - Private right of action; remedies; affirmative defense; attorney fees.

(1) 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.
(2) For a violation of ORS 192.537 or 192.547, the court shall award the greater of actual damages or:
(a) $100, for an inadvertent violation that does not arise out of the negligence of the defendant;
(b) $500, for a negligent violation;
(c) $10,000, for a knowing or reckless violation;
(d) $15,000, for a knowing violation based on a fraudulent misrepresentation; or
(e) $25,000, for a knowing violation committed with intent to sell, transfer or use for commercial advantage, personal gain or malicious harm.
(3) For a violation of ORS 192.535 or 192.539, the court shall award the greater of actual damages or:
(a) $1,000, for an inadvertent violation that does not arise out of the negligence of the defendant;
(b) $5,000, for a negligent violation;
(c) $100,000, for a knowing or reckless violation;
(d) $150,000, for a knowing violation based on a fraudulent misrepresentation; or
(e) $250,000, for a knowing violation committed with intent to sell, transfer or use for commercial advantage, personal gain or malicious harm.
(4) It is an affirmative defense to an action described in subsection (2)(a) or (b) or (3)(a) or (b) of this section that the defendant corrected the violation through destruction of illegally retained or obtained samples or information, or took other action to correct the violation, if the correction was completed within 120 days after the defendant knew or should have known that the violation occurred.
(5) The court may provide such equitable relief as it deems necessary or proper.
(6)(a) The court may award attorney fees to a defendant only if the court finds that the plaintiff had no objectively reasonable basis for asserting a claim or for appealing an adverse decision of the trial court.
(b) The court shall award attorney fees to a plaintiff if the court finds that the defendant committed a violation described in subsection (2)(c), (d) or (e) or (3)(c), (d) or (e) of this section.
(7) An action authorized by subsection (1) of this section must be commenced within three years after the date the plaintiff knew or should have known of the violation, but in no instance more than 10 years after the date of the violation.
(8) A plaintiff may recover damages provided by subsections (2) and (3) of this section for each violation by a defendant.
(9) ORS 31.725, 31.730, 31.735 and 31.740 do not apply to amounts awarded in actions under this section. [2001 c.588 §2]
Note:
See note under 192.531.
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 192 - Records; Public Reports and Meetings › Section 192.543 - Criminal penalty.

(1) A person commits the crime of unlawfully obtaining, retaining or disclosing genetic information if the person knowingly, recklessly or with criminal negligence, as those terms are defined in ORS 161.085, obtains, retains or discloses genetic information in violation of ORS 192.531 to 192.549.
(2) Unlawfully obtaining, retaining or disclosing genetic information is a Class A misdemeanor. [2001 c.588 §3]
Note:
See note under 192.531.
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 192 - Records; Public Reports and Meetings › Section 192.545 - Enforcement; Attorney General or district attorney; intervention.

(1) The Attorney General or a district attorney may bring an action against a person who violates ORS 192.535, 192.537, 192.539 or 192.547. In addition to remedies otherwise provided in ORS 192.541, the court shall award to the Attorney General or district attorney the costs of the investigation.
(2) The Attorney General may intervene in a civil action brought under ORS 192.541 if the Attorney General certifies that, in the opinion of the Attorney General, the action is of general public importance. In the action, the Attorney General shall be entitled to the same relief as if the Attorney General instituted the action under this section. [2001 c.588 §4]
Note:
See note under 192.531.
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 192 - Records; Public Reports and Meetings › Section 192.550

[1977 c.517 §1; 1985 c.762 §180; 1987 c.373 §24; 1987 c.414 §146; 1997 c.631 §422; 2003 c.803 §9; 2005 c.130 §1; renumbered 192.583 in 2011]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 192 - Records; Public Reports and Meetings › Section 192.551 - Health care records at colleges, universities.

(1) 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, mental health care or counseling provided to a student to any other person within the college or university, affiliated with the college or university or acting on behalf of the college or university, only to the extent that a person unaffiliated with the college or university would be lawfully authorized to disclose the records when providing health care, mental health care or counseling services.
(2) As used in this section, "person" means a natural individual. [2016 c.20 §1]
Note:
192.551 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 192 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 192 - Records; Public Reports and Meetings › Section 192.553 - Policy for protected health information.

(1) It is the policy of the State of Oregon that an individual has:
(a) The right to have protected health information of the individual safeguarded from unlawful use or disclosure; and
(b) The right to access and review protected health information of the individual.
(2) In addition to the rights and obligations expressed in ORS 192.553 to 192.581, the federal Health Insurance Portability and Accountability Act privacy regulations, 45 C.F.R. parts 160 and 164, establish additional rights and obligations regarding the use and disclosure of protected health information and the rights of individuals regarding the protected health information of the individual. [Formerly 192.518]
Note:
192.553 to 192.581 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.
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 192 - Records; Public Reports and Meetings › Section 192.555

[1977 c.517 §§2,8(1); 1985 c.565 §24; 1987 c.373 §25; 1987 c.438 §4; 1993 c.131 §3; 1993 c.274 §1; 1993 c.695 §1; 1997 c.142 §1; 1999 c.80 §68; 1999 c.506 §5; 2009 c.541 §8; renumbered 192.586 in 2011]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 192 - Records; Public Reports and Meetings › Section 192.558 - Use or disclosure by health care provider or state health plan.

A health care provider or state health plan:
(1) May use or disclose protected health information of an individual in a manner that is consistent with an authorization provided by the individual or a personal representative of the individual.
(2) May use or disclose protected health information of an individual without obtaining an authorization from the individual or a personal representative of the individual:
(a) For the provider’s or plan’s own treatment, payment or health care operations; or
(b) As otherwise permitted or required by state or federal law or by order of the court.
(3) May disclose protected health information of an individual without obtaining an authorization from the individual or a personal representative of the individual:
(a) To another covered entity for health care operations activities of the entity that receives the information if:
(A) Each entity has or had a relationship with the individual who is the subject of the protected health information; and
(B) The protected health information pertains to the relationship and the disclosure is for the purpose of:
(i) Health care operations as listed in ORS 192.556 (4)(a) or (b); or
(ii) Health care fraud and abuse detection or compliance;
(b) To another covered entity or any other health care provider for treatment activities of a health care provider;
(c) To another covered entity or any other health care provider for the payment activities of the entity that receives that information; or
(d) In accordance with ORS 192.567 or 192.577. [Formerly 192.520; 2015 c.473 §5; 2017 c.484 §4]
Note:
See note under 192.553.
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 192 - Records; Public Reports and Meetings › Section 192.561 - Disclosure by health care provider in coordinated care organization.

(1) 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:
(a) 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 payment purposes, as permitted by ORS 192.558; and
(b) To public health entities as required for health oversight purposes.
(2) The disclosures described in subsection (1) of this section may be provided without the authorization of the patient or the patient’s personal representative.
(3) Subsection (1) of this section does not apply to psychotherapy notes, as defined in ORS 179.505. [2012 c.8 §16]
Note:
See note under 192.553.
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 192 - Records; Public Reports and Meetings › Section 192.563 - Health care provider and state health plan charges.

A health care provider or state health plan that receives an authorization to disclose protected health information may charge:
(1)(a) No more than $30 for copying 10 or fewer pages of written material, no more than 50 cents per page for pages 11 through 50 and no more than 25 cents for each additional page; and
(b) A bonus charge of $5 if the request for records is processed and the records are mailed by first class mail to the requester within seven business days after the date of the request;
(2) Postage costs to mail copies of protected health information or an explanation or summary of protected health information, if requested by an individual or a personal representative of the individual; and
(3) Actual costs of preparing an explanation or summary of protected health information, if requested by an individual or a personal representative of the individual. [Formerly 192.521]
Note:
See note under 192.553.
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 192 - Records; Public Reports and Meetings › Section 192.568 - Confidentiality; use and disclosure.

A health care provider or a state health plan does not breach a confidential relationship with an individual if the health care provider or state health plan uses or discloses protected health information in accordance with ORS 192.558. [Formerly 192.523]
Note:
See note under 192.553.
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 192 - Records; Public Reports and Meetings › Section 192.571 - No right of action.

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. [Formerly 192.524]
Note:
See note under 192.553.
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 192 - Records; Public Reports and Meetings › Section 192.573 - Personal representative of deceased individual.

If no person has been appointed as a personal representative under ORS chapter 113 or a person appointed as a personal representative under ORS chapter 113 has been discharged, the personal representative of a deceased individual shall be the first of the following persons, in the following order, who can be located upon reasonable effort by the covered entity and who is willing to serve as the personal representative:
(1) A person appointed as guardian under ORS 125.305, 419B.372, 419C.481 or 419C.555 with authority to make medical and health care decisions at the time of the individual’s death.
(2) The individual’s spouse.
(3) An adult designated in writing by the persons listed in this section, if no person listed in this section objects to the designation.
(4) A majority of the adult children of the individual who can be located.
(5) Either parent of the individual or an individual acting in loco parentis to the individual.
(6) A majority of the adult siblings of the individual who can be located.
(7) Any adult relative or adult friend. [Formerly 192.526]
Note:
See note under 192.553.
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 192 - Records; Public Reports and Meetings › Section 192.576 - Disclosure to individual appealing denial of Social Security benefits.

(1) 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 initial application for Social Security disability benefits and before the date of the administrative hearing. At the election of the individual or the individual’s personal representative, the health information shall be provided in paper or electronic format.
(2) A covered entity may deny a request for a copy of health information if:
(a) The covered entity has already provided one copy of the health information to the individual or the individual’s personal representative; or
(b) The request is made by a person other than the individual or the individual’s personal representative and the requester has not presented a valid authorization for the release of information.
(3) A covered entity may charge a fee for providing copies of health information, as provided in ORS 192.563, if:
(a) The request for copies is made by a person other than the individual or the individual’s personal representative; or
(b) The covered entity has already provided to the individual or the individual’s personal representative one copy of the information. [2015 c.360 §2; 2017 c.551 §1]
Note:
See note under 192.553.
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 192 - Records; Public Reports and Meetings › Section 192.577 - Disclosure of information concerning adult in custody of Department of Corrections.

(1) 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:
(a) The employee, in the performance of the employee’s official duties, was directly exposed to the bodily fluids of the adult in custody; and
(b) The adult in custody has tested positive for a blood-borne infection or other communicable disease that may be transmitted through an individual’s bodily fluids.
(2) A disclosure under subsection (1) of this section must be limited to the minimum necessary to inform the physician of possible exposure to a blood-borne infection or other communicable disease. [2017 c.484 §2; 2019 c.213 §56; 2019 c.280 §4]
Note:
See note under 192.553.
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 192 - Records; Public Reports and Meetings › Section 192.579 - Allowed disclosure for coordinating care.

(1) 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.
(2) Notwithstanding ORS 179.505, an entity may disclose the identity of an individual who receives health care from the entity without obtaining an authorization from the individual, or a personal representative of the individual, to another entity for the purpose of coordinating the health care and treatment provided to the individual by either entity. [2011 c.418 §2; 2015 c.792 §4]
Note:
See note under 192.553.
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 192 - Records; Public Reports and Meetings › Section 192.580

[1977 c.517 §7; 1985 c.797 §4; 1987 c.482 §1; 2001 c.247 §1; 2003 c.14 §94; renumbered 192.602 in 2011]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 192 - Records; Public Reports and Meetings › Section 192.581 - Allowed retention or disclosure of genetic information.

(1) Notwithstanding ORS 192.537 (3), a health care provider may retain genetic information of an individual without obtaining an authorization from the individual or a personal representative of the individual if the retention is for treatment, payment or health care operations by the provider.
(2) Notwithstanding ORS 192.539 (1), a health care provider may disclose genetic information of an individual without obtaining an authorization from the individual or a personal representative of the individual if the provider discloses the genetic information in accordance with ORS 192.558 (3).
(3) As used in this section, "retain genetic information" has the meaning given that term in ORS 192.531. [Formerly 192.529]
Note:
See note under 192.553.
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 192 - Records; Public Reports and Meetings › Section 192.582 - Confidentiality of bedbug infestation reports.

(1) As used in this section:
(a) "Bedbug" means a member of the Cimicidae family of parasitic insects.
(b) "Public health authority" means:
(A) A local public health authority, as defined in ORS 431.003; or
(B) The Oregon Health Authority.
(2) The following information reported by pest control operators to a public health authority must be maintained confidentially and is not subject to disclosure under ORS 192.311 to 192.478:
(a) The location of a site where a pesticide intended to prevent, destroy, repel or mitigate an infestation of bedbugs has been applied or is to be applied;
(b) The identity of any person who owns, rents or leases property at the site described in paragraph (a) of this subsection; and
(c) Any information describing or pertaining to the infestation or suspected infestation at the site described in paragraph (a) of this subsection.
(3) Nothing in this section prevents a public health authority from publishing statistical compilations or reports relating to reportable disease investigations if the compilations or reports do not identify individual cases or sources of information. [Formerly 570.880]
Note:
192.582 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 192 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 192 - Records; Public Reports and Meetings › Section 192.583 - Definitions for ORS 192.583 to 192.607.

As used in ORS 192.583 to 192.607:
(1) "Customer" means any person, partnership, limited partnership, corporation, trust or other legal entity, who or which is transacting or has transacted business with a financial institution, or who or which is using or has used the services of such an institution, or for whom or which a financial institution has acted or is acting as a fiduciary.
(2) "Financial institution" means:
(a) A "financial institution" as defined in ORS 706.008; or
(b) A "trust company" as defined in ORS 706.008.
(3) "Financial records" means any original written or electronic document, any copy of the document, or any information contained in the document, held by or in the custody of a financial institution, when the document, copy or information is identifiable as pertaining to one or more customers of such an institution.
(4) "Local agency" means every county, city, school district, municipal organization, district, political subdivision; or any board, commission or agency thereof; or any other local public agency; and every officer, agent or employee thereof.
(5) "State agency" means every state office, department, division, bureau, board or commission or other state agency, including the Legislative Assembly and every officer, agent or employee thereof.
(6) "Summons or subpoena" means an administrative summons or administrative subpoena issued by any state or local agency, or a judicial subpoena or subpoena duces tecum. [Formerly 192.550]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 192 - Records; Public Reports and Meetings › Section 192.588 - Disclosure to Department of Human Services or Oregon Health Authority; procedure; limitations.

(1) 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 information is provided.
(2) In requesting information under subsection (1) of this section, the department or authority shall specify the name and Social Security number of the person upon whom the account information is sought, and shall certify to the financial institution in writing, signed by an agent of the department or authority:
(a) That the person upon whom account information is sought is an applicant for or recipient of public assistance, as defined in ORS 411.010, or medical assistance, as defined in ORS 414.025; and
(b) That the department or authority has authorization from the person for release of the account information.
(3) Any financial institution supplying account information under ORS 192.583 to 192.588 and 411.632 shall be reimbursed for actual costs incurred.
(4) No financial institution that supplies account information to the department or authority pursuant to this section shall be liable to any person for any loss, damage or injury arising out of or in any way pertaining to the disclosure of account information under this section.
(5) Each financial institution that is requested to supply account information under this section may specify to the department or authority that requests for account information and responses from the financial institution shall be submitted in written, tape or electronic format. A reasonable time shall be provided the financial institution for response.
(6) The department or authority shall seek account information under this section only with respect to persons who are applicants for or recipients of public assistance, as defined in ORS 411.010, or medical assistance, as defined in ORS 414.025. [Formerly 192.557; 2013 c.688 §26]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 192 - Records; Public Reports and Meetings › Section 192.589 - Financial institution records of deceased individual; disclosure to Department of Human Services or Oregon Health Authority; procedure.

(1) 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.
(2) A written notice and request under this section must:
(a) Include the name, last known address and Social Security number of the deceased individual;
(b) State the date of the deceased individual’s death;
(c) State that the deceased individual received public assistance or medical assistance that was subject to a claim for reimbursement under ORS 411.640, 411.708, 411.795 or 416.350; and
(d) Request that the financial institution provide all or any part of the following information to the department or the authority:
(A) Whether the financial institution held on the date of the deceased individual’s death any deposit account in the deceased individual’s name or in more than one name, one of which is the deceased individual’s name;
(B) The balance on deposit in each deposit account described in subparagraph (A) of this paragraph on the date of the deceased individual’s death;
(C) The name of each person to whom the financial institution disbursed funds from a deposit account described in subparagraph (A) of this paragraph on or after the date of the deceased individual’s death, if the financial institution closed the deposit account on or after the date of the deceased individual’s death;
(D) A record of the activity in each of the deposit accounts described in subparagraph (A) of this paragraph in the period that begins 30 days before the date of the deceased individual’s death and ends on the date of the deceased individual’s death;
(E) A copy of any affidavit or declaration the financial institution received under ORS 708A.430 or 723.466; and
(F) The name and address of any person named as an owner of a deposit account described in subparagraph (A) of this paragraph, if the financial institution has the information in the financial institution’s records.
(3) The department or the authority may submit an affidavit or declaration under ORS 708A.430 or 723.466 at the same time the department or authority submits a notice and request under subsection (2) of this section, except that a declaration under ORS 708A.430 must be submitted no earlier than 46 days after the death of the depositor and no later than 76 days after the death of the depositor.
(4) The department and the authority shall reimburse a financial institution as provided in ORS 192.602 for all reasonable costs and expenses the financial institution incurs to provide information in response to a notice and request under subsection (2) of this section. [2015 c.129 §2; 2017 c.51 §3; 2023 c.84 §3]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 192 - Records; Public Reports and Meetings › Section 192.591 - Disclosure to state court; procedure; limitations.

(1) Upon the request of a state court and the receipt of the certification required under subsection (2) of this section, a financial institution shall advise whether a person has one or more accounts with the financial institution and, if so, the balance on deposit in each such account on the date this information is provided and a record of the account’s activity for at least the prior 30 days, which may include the current and previous account statement period.
(2) In requesting information under subsection (1) of this section, the state court shall specify the name and Social Security number of the person about whom the account information is sought, and shall certify to the financial institution in writing, signed by an agent of the state court, that the person about whom account information is sought has requested appointed counsel or that appointed counsel has been provided for the person. In addition, the state court shall forward to the financial institution a certification signed by the person about whom account information is sought that authorizes the release of the account information.
(3) Any financial institution supplying account information under this section shall be reimbursed for reasonable costs incurred.
(4) No financial institution that supplies account information to a state court pursuant to this section is liable to any person for any loss, damage or injury arising out of or in any way pertaining to the disclosure of account information under this section.
(5) Each financial institution that is requested to supply account information under this section may specify to the state court that requests for account information and responses from the financial institution shall be submitted in written, tape or electronic format. The financial institution shall respond to the request within three business days.
(6) The state court may seek account information only with respect to persons who have requested appointed counsel or who have had counsel appointed by the court. [Formerly 192.559]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 192 - Records; Public Reports and Meetings › Section 192.593 - Authorization by customer for disclosure.

(1) A financial institution may disclose financial records of a customer to a state or local agency, and such an agency may request and receive such records, when the customer has authorized such disclosure as provided in this section.
(2) The authorization of disclosure shall:
(a) Be in writing, signed and dated by the customer;
(b) Identify with particularity the records authorized to be disclosed;
(c) Name the agency to whom disclosure is authorized;
(d) Contain notice to the customer that the customer may revoke such authorization at any time in writing; and
(e) Inform the customer as to the reason for such request and disclosure.
(3) No financial institution shall require a customer to sign an authorization for disclosure as a condition of doing business with such institution. [Formerly 192.560]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 192 - Records; Public Reports and Meetings › Section 192.596 - Disclosure under summons or subpoena; procedure.

(1) A financial institution may disclose financial records of a customer to a state or local agency, and a state or local agency may request and receive such records, pursuant to a lawful summons or subpoena, served upon the financial institution, as provided in this section or ORS chapter 25.
(2) The state or local agency issuing such summons or subpoena shall make personal service of a copy of it upon the customer.
(3) The summons or subpoena shall name the agency issuing it, and shall specify the statutory authority under which the financial records are being obtained.
(4) The summons or subpoena shall state that service of a copy thereof has been made upon the customer, and shall state the date upon which service was accomplished.
(5) Except as provided in subsection (6) of this section, a financial institution shall not disclose the financial records of a customer to a state or local agency, in response to a summons or subpoena served upon it, for a period of 10 days following service of a copy thereof upon the customer, unless the customer has consented to earlier disclosure. If the customer moves to quash such summons or subpoena, and the financial institution receives written notice of such action from the customer, all within 10 days following the date upon which a copy of the summons or subpoena was served upon the customer, the financial institution shall not disclose the financial records of said customer pursuant to said summons or subpoena unless:
(a) The customer thereafter consents in writing to the disclosure; or
(b) A court orders disclosure of the financial records to the state or local agency, pursuant to the summons or subpoena.
(6) Pursuant to the issuance of a summons or subpoena, a state or local agency may petition the court, and the court, upon a showing of reasonable cause to believe that a law subject to the jurisdiction of the petitioning agency has been or is about to be violated, may order that service upon the customer pursuant to subsection (2) of this section, information concerning such service required by subsection (4) of this section, and the 10-day period provided for in subsection (5) of this section be waived or shortened.
(7) Where the court grants such petition, a copy of the court order granting the same shall be attached to the summons or subpoena, and shall therewith be served upon the financial institution.
(8) The provisions of subsections (2) to (7) of this section do not apply to subpoenas issued pursuant to ORS chapter 25. [Formerly 192.565]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 192 - Records; Public Reports and Meetings › Section 192.598 - Disclosure under search warrant.

(1) A financial institution may disclose financial records of a customer to a state or local agency, and a state or local agency may request and receive such records, pursuant to a lawful search warrant, as provided in this section.
(2) The content of the search warrant shall conform to the requirements of ORS 133.565.
(3) The state or local agency seeking financial records shall make personal service of the search warrant upon the financial institution in the manner provided by law for service of a subpoena.
(4) Disclosure of financial records may occur as soon as the warrant is served upon the financial institution. [Formerly 192.570]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 192 - Records; Public Reports and Meetings › Section 192.600 - Liability of financial institution for disclosure.

(1) 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 192.593, 192.596, 192.597 or 192.598 shows compliance on its face.
(2) A financial institution which in good faith reliance refuses to disclose financial records of a customer upon the prohibitions of ORS 192.583 to 192.607, shall not be liable to its customer, to a state or local agency, or to any person for any loss or damage caused in whole or in part by such refusal.
(3) Financial institutions shall not be required to notify their customers concerning the receipt by them of requests from state or local agencies for disclosures of financial records of such customers. However, except as otherwise provided in ORS 192.583 to 192.607, nothing in ORS 192.583 to 192.607 shall preclude financial institutions from giving such notice to customers. A court may order a financial institution to withhold notification to a customer of the receipt of a summons, subpoena or search warrant when the court finds that notice to the customer would impede the investigation being conducted by the state or local agency.
(4) Financial institutions that participate in a trust account overdraft notification program established under ORS 9.685 are not liable to a lawyer or law firm on the attorney trust account, to a beneficiary of the trust account or to the Oregon State Bar for loss or damage caused in whole or in part by that participation or arising in any way out of that participation.
(5) A financial institution shall not be liable to any person for any loss, damage or injury arising out of or in any way pertaining to the release of information pursuant to ORS 192.586 (2)(a). [Formerly 192.575; 2012 c.70 §§10b,27; 2013 c.352 §3]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 192 - Records; Public Reports and Meetings › Section 192.602 - Time for compliance; reimbursement; exceptions.

(1)(a) 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 upon which the financial institution receives or is served with a customer authorization, summons, subpoena or search warrant.
(b) When disclosure is sought under ORS 192.596, the reasonable period of time shall be not less than 20 days.
(c) When disclosure is sought under ORS 192.597, the reasonable period of time shall be that period of time required by the circumstances but in no case more than 10 days from the date upon which the financial institution receives or is served with a subpoena under ORS 192.597.
(2) Before making disclosures, a financial institution may require that the requesting state or local agency reimburse the financial institution for the reasonable costs incurred by the financial institution in the course of compliance. These costs include, but are not limited to, personnel costs, reproduction costs and travel expenses. The following charges shall be considered reasonable costs:
(a) Personnel costs, $30 per hour per person, computed on the basis of $7.50 per quarter hour or fraction thereof, for time expended by personnel of the financial institution in searching, locating, retrieving, copying and transporting or conveying the requested material to the place of examination.
(b) Reproduction costs, $1 per page, including copies produced by reader and printer reproduction processes. Photographs, films and other materials shall be reimbursed at actual costs.
(c) Travel expenses, 50 cents per mile, plus other actual costs, necessary to transport personnel to locate and retrieve the information required or requested and to convey the required or requested material to the place of examination.
(3) The provisions of subsection (2) of this section do not apply in the case of records subpoenaed by a prosecuting attorney as evidence of the crimes of negotiating a bad check under ORS 165.065, forgery under ORS 165.007 and 165.013, theft by deception by means of a bad check under ORS 164.085, fraudulent use of a credit card under ORS 165.055, identity theft under ORS 165.800 or racketeering activity under ORS 166.720 or of an offense listed in ORS 137.700. [Formerly 192.580; 2012 c.70 §§10c,28; 2013 c.352 §4]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 192 - Records; Public Reports and Meetings › Section 192.603 - Procedure for disclosure to law enforcement agency.

(1) As used in this section:
(a) "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 institution and the customer to pay overdrafts, dates and amounts of deposits and debits to a customer’s account, copies of deposit slips and deposited items, the account balance on such dates, a copy of the customer’s signature card and the dates the account opened or closed.
(b) "Secure electronic message" means an electronic message that is encrypted or otherwise transmitted in a manner that is reasonably calculated to prevent accidental, unlawful or unauthorized disclosure or access to parties not authorized to receive or access the electronic message.
(2) When a police or sheriff’s department or district attorney’s office in this state requests account information from a financial institution to assist in a criminal investigation, the financial institution shall supply a statement setting forth the requested account information with respect to a customer or a customer account specified by the police or sheriff’s department or district attorney’s office, for a period of up to three months prior to and three months following the date of occurrence of the account transaction giving rise to the criminal investigation. The disclosure statement required under this subsection may include only account information as defined in subsection (1) of this section. If the police or sheriff’s department or district attorney’s office makes the request by sending a secure electronic message to the financial institution, the financial institution shall respond to the request in a secure electronic message. The police or sheriff’s department or district attorney’s office requesting the information shall, within 24 hours of making the request, confirm the request in a written or secure electronic message delivered or mailed to the financial institution, setting forth the nature of the account information sought, the time period for which account information is sought, and that the information has been requested pursuant to a criminal investigation. [Formerly 192.585; 2019 c.399 §6]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 192 - Records; Public Reports and Meetings › Section 192.605 - Charges for participation in attorney trust account overdraft notification program.

Financial institutions that participate in an attorney trust account overdraft notification program established under ORS 9.685 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. [Formerly 192.587]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 192 - Records; Public Reports and Meetings › Section 192.606 - Civil liability for violation of ORS 192.583 to 192.607; attorney fees; status of evidence obtained in violation.

(1) Any customer who suffers any ascertainable loss as a result of a willful violation of ORS 192.583 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.
(2) Any customer who suffers any ascertainable loss as a result of a negligent violation of ORS 192.583 to 192.607 by any person, may bring an individual action in an appropriate court to recover actual damages.
(3)(a) Except as provided in paragraph (b) of this subsection, the court may award reasonable attorney fees to the prevailing party in an action under this section.
(b) The court may not award attorney fees to the state or a political subdivision of the state if the state or political subdivision prevails in an action under this section.
(4) An action to enforce any provision of ORS 192.583 to 192.607 must be commenced within two years after the date on which the violation occurred.
(5) Evidence obtained in violation of ORS 192.583 to 192.607 is inadmissible in any proceeding. [Formerly 192.590]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 192 - Records; Public Reports and Meetings › Section 192.607 - Severability.

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 severable. [Formerly 192.595]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 192 - Records; Public Reports and Meetings › Section 192.610 - Definitions for ORS 192.610 to 192.705.

As used in ORS 192.610 to 192.705:
(1) "Convening" means:
(a) Gathering in a physical location;
(b) Using electronic, video or telephonic technology to be able to communicate contemporaneously among participants;
(c) Using serial electronic written communication among participants; or
(d) Using an intermediary to communicate among participants.
(2) "Decision" means any determination, action, vote or final disposition upon a motion, proposal, resolution, order, ordinance or measure on which a vote of a governing body is required, at any meeting at which a quorum is present.
(3) "Deliberation" means discussion or communication that is part of a decision-making process.
(4) "Executive session" means any meeting or part of a meeting of a governing body which is closed to certain persons for deliberation on certain matters.
(5) "Governing body" means the members of any public body which consists of two or more members, with the authority to make decisions for or recommendations to a public body on policy or administration.
(6) "Public body" means the state, any regional council, county, city or district, or any municipal or public corporation, or any board, department, commission, council, bureau, committee or subcommittee or advisory group or any other agency thereof.
(7)(a) "Meeting" means the convening of a governing body of a public body for which a quorum is required in order to make a decision or to deliberate toward a decision on any matter.
(b) "Meeting" does not include any on-site inspection of any project or program or the attendance of members of a governing body at any national, regional or state association to which the public body or the members belong. [1973 c.172 §2; 1979 c.644 §1; 2023 c.417 §1]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 192 - Records; Public Reports and Meetings › Section 192.620 - Policy.

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. [1973 c.172 §1]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 192 - Records; Public Reports and Meetings › Section 192.640 - Public notice required; special notice for executive sessions or special or emergency meetings.

(1) The governing body of a public body shall provide for and give public notice, reasonably calculated to give actual notice to interested persons including news media which have requested notice, of the time and place for holding regular meetings. The notice shall also include a list of the principal subjects anticipated to be considered at the meeting, but this requirement shall not limit the ability of a governing body to consider additional subjects.
(2) If an executive session only will be held, the notice shall be given to the members of the governing body, to the general public and to news media which have requested notice, stating the specific provision of law authorizing the executive session.
(3) No special meeting shall be held without at least 24 hours’ notice to the members of the governing body, the news media which have requested notice and the general public. In case of an actual emergency, a meeting may be held upon such notice as is appropriate to the circumstances, but the minutes for such a meeting shall describe the emergency justifying less than 24 hours’ notice. [1973 c.172 §4; 1979 c.644 §3; 1981 c.182 §1]