reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 166 - SECRETARY OF STATE, ARCHIVES DIVISION › Division 1 - PROCEDURAL RULES › Section 166-001-0000 - Notice Rule for Rulemaking

Current through Register Vol. 63, No. 7, July 1, 2024
Prior to the adoption, amendment, or repeal of any permanent
				rule, the State Archivist shall give notice of the proposed adoption,
				amendment, or repeal:
(1) In the
			 Secretary of State's Bulletin referred to in ORS
			 183.360 at least 21 days prior
			 to the effective date.
(2) By
			 mailing a copy of the Notice to persons on the State Archivist's mailing list
			 established pursuant to ORS
			 183.335(8) at
			 least 28 days before the effective date of the rule.
(3) By mailing or furnishing a copy of the
			 Notice to the following persons, organizations, or publications:
(a) Oregon State Bar Bulletin;
(b) Association of Oregon Counties
			 Bulletin;
(c) League of Oregon
			 Cities;
(d) Oregon Historical
			 Society.
(e) The Associated
			 Press;
(f) Capitol Press Room;
			 and
Oregon Administrative Rules › Chapter 166 - SECRETARY OF STATE, ARCHIVES DIVISION › Division 1 - PROCEDURAL RULES › Section 166-001-0005 - Model Rules of Procedure

Current through Register Vol. 63, No. 7, July 1, 2024
The State Archivist adopts the Attorney
				General's Model Rules of Procedure under the Administrative Procedures Act,
				dated July 1, 2014.
The full text of the Attorney
				  General's Model Rules of Procedure is available from the office of the Attorney
				  General or Archives Division.
Stat. Auth.: ORS
				  183
Stats. Implemented: ORS
				  183
Oregon Administrative Rules › Chapter 166 - SECRETARY OF STATE, ARCHIVES DIVISION › Division 5 - POLICY, PURPOSE, AND DEFINITIONS › Section 166-005-0000 - Policy

Current through Register Vol. 63, No. 7, July 1, 2024
It is the policy of the State of Oregon to assure the
				preservation of records essential to meet the needs of the state, its political
				subdivisions and its citizens and to assure the prompt destruction of records
				without continuing value. Unlawful destruction of any public record, regardless
				of medium or physical format, is a crime punishable under the provisions of ORS
				162.305. Public records may be
				created and retained in a variety of media and physical formats, including but
				not limited to paper, microfilm, sound recordings, video recordings, and
				electronic media, devices and recordkeeping systems.
Stat. Auth.: ORS 192 & 357
Stats. Implemented: ORS 192 &
				  357
Oregon Administrative Rules › Chapter 166 - SECRETARY OF STATE, ARCHIVES DIVISION › Division 5 - POLICY, PURPOSE, AND DEFINITIONS › Section 166-005-0005 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of these rules is to implement the provisions of
				ORS 192.005 to
				192.170, and
				357.825 to
				357.895, by providing procedures
				for the orderly retention and disposition of public records, regardless of
				medium or physical format; specify standards for appropriate use of microforms
				and electronic records; specify standards for the protection and storage of
				public records; and specify rules for the use of the State Archives, State
				Records Center and Security Copy Depository. General Records Retention
				Schedules published as a part of these rules provide state and local agencies
				with the lawful authority to destroy or otherwise dispose of commonly occurring
				public records.
Stat. Auth.: ORS 192 & 357
Stats. Implemented: ORS 192 &
				  357
Oregon Administrative Rules › Chapter 166 - SECRETARY OF STATE, ARCHIVES DIVISION › Division 10 - STATE ARCHIVES, STATE RECORDS CENTER, AND SECURITY COPY DEPOSITORY SERVICES › Section 166-010-0000 - General

Current through Register Vol. 63, No. 7, July 1, 2024
The Archives Division, Office of the Secretary of State, is
				administered by the State Archivist. The State Archives accepts custody of
				permanently valuable public records and provides access to those public records
				in the official custody of the State Archivist. The State Records Center
				provides storage and retrieval services for inactive records of state agencies.
				The Archives Division also provides advice and assistance to state and local
				agencies, and operates the Security Copy Depository which is a storage and
				retrieval service for security copy microfilm from state or local
				agencies.
Stat. Auth.: ORS
				  192.070,
				  357.825(2)
				  & 357.895
Stats. Implemented: ORS
				  357.825,
				  357.835,
				  357.855 &
				  357.895
Oregon Administrative Rules › Chapter 166 - SECRETARY OF STATE, ARCHIVES DIVISION › Division 10 - STATE ARCHIVES, STATE RECORDS CENTER, AND SECURITY COPY DEPOSITORY SERVICES › Section 166-010-0006 - Custody of Records

Current through Register Vol. 63, No. 7, July 1, 2024
The Archives Division may accept custody of public records in
				accordance with ORS 357.825 or
				357.835. The ownership of the
				records, transfers to the State Archivist upon acceptance into the State
				Archives. The State Archives accessions records in under the following
				conditions:
(1) Prior approval is
			 required to deposit public records in the State Archives. These deposits will
			 be done according to procedures, criteria and standards established by the
			 State Archivist.
(2) Except as
			 otherwise provided by ORS
			 357.835(2),
			 official custody of all records of a state agency which is abolished or ceases
			 to operate shall pass to the State Archivist.
(3) When the State Archivist has determined
			 that public records, no longer required for the discharge of duties by the
			 official custodian, are stored where they are no longer available for use or in
			 conditions which endanger the public records, the State Archivist shall
			 requisition them for transfer to the State Archivist's custody if they are
			 determined by the State Archivist to be of value.
(4) Public records in the State Archives are
			 available for use in the Archives Building Reference room. Records may not be
			 removed from the Archives Building, except as otherwise provided by law.
			 Patrons shall use public records in the Reference Room, observing its rules,
			 OAR 166-010-0015.
(5) When the
			 State Archivist has determined that records in the custody of the State
			 Archivist cease to be of value, the State Archivist may destroy the
			 records.
Stat. Auth.: ORS
				  192.070,
				  357.825(2)
				  & 357.895
Stats. Implemented: ORS
				  357.825 &
				  357.835
Oregon Administrative Rules › Chapter 166 - SECRETARY OF STATE, ARCHIVES DIVISION › Division 10 - STATE ARCHIVES, STATE RECORDS CENTER, AND SECURITY COPY DEPOSITORY SERVICES › Section 166-010-0015 - State Archives Reference Room Rules

Current through Register Vol. 63, No. 7, July 1, 2024
Patrons shall observe the following rules for the protection
				and control of records:
(1) Patrons
			 shall register and shall furnish current and valid government-issued photo
			 identification to use public records in the State Archives.
(2) Patrons shall only use a pencil when
			 making notations, shall not mark public records, and shall maintain the
			 original order of the public records consulted.
(3) No person shall smoke, drink or eat in
			 the Reference Room.
(4) Patrons
			 shall notify the staff when their work is completed.
(5) Patrons shall not remove from the
			 Reference Room public records or other materials in the official custody of the
			 State Archivist.
(6) Patrons shall
			 not alter, mutilate or otherwise deface public records.
(7) Patrons may take paper and research
			 materials into the Reference Room. Personal electronic devices such as laptop
			 computers, cameras and scanners are allowed under the following conditions, but
			 must be removed from any enclosed cases before entering the Reference Room:
(a) Patrons may bring cameras to photograph
			 records, but may not use a flash.
(b) Patrons may use scanners with the
			 following restrictions: the copying surface (platen) must be the same size or
			 larger than the records they plan to scan; the scanner must not cause friction,
			 abrasion, or otherwise damage records; light sources must not generate heat on
			 the records; and equipment surfaces must be clean and dry before being used.
			 Drum and automatic feeder scanners are prohibited.
Oregon Administrative Rules › Chapter 166 - SECRETARY OF STATE, ARCHIVES DIVISION › Division 10 - STATE ARCHIVES, STATE RECORDS CENTER, AND SECURITY COPY DEPOSITORY SERVICES › Section 166-010-0016 - Archives Division Fees

Current through Register Vol. 63, No. 7, July 1, 2024
(1)  Legislative records:
(a)  The Oregon State Archives collects, preserves, and provides
				access to the following records created by the Oregon Legislative
				Assembly:
(A)  Committee minutes/audio log records and exhibits (including
				regular, special and interim sessions);
(B)  Committee audio recordings;
(C)  Floor audio logs;
(D)  Floor audio recordings;
(E)  Original bill files;
(F)  Signed and enrolled bills;
(G)  Emergency Board minutes and audio logs.
Oregon Administrative Rules › Chapter 166 - SECRETARY OF STATE, ARCHIVES DIVISION › Division 10 - STATE ARCHIVES, STATE RECORDS CENTER, AND SECURITY COPY DEPOSITORY SERVICES › Section 166-010-0018 - State Records Center

Current through Register Vol. 63, No. 7, July 1, 2024
The State Records Center accepts records for storage under the
				following conditions:
(1) Only state
			 agencies with approved records retention schedules can store records at the
			 State Records Center.
(2) Official
			 custody of the records transferred to the State Records Center remains with the
			 state agency from which they were received or its legal successor.
(3) Prior approval is required for state
			 agencies to transfer public records to the State Records Center. These
			 transfers will be completed according to procedures, criteria and standards
			 established by the State Archivist which are available on request.
(4) Requests from the depositing state agency
			 for records or information stored at the state Records Center shall be made by
			 mail or fax, and only by authorized personnel. Phone requests are not
			 accepted.
(5) Deliveries to state
			 agencies of public records as requested will be made as follows:
(a) Deliveries will be made through the
			 Central Mail Service of the Department of Administrative Services to state
			 agencies served by that Department.
(b) Postal service will be used for
			 deliveries to state agencies which are not served by the Central Mail Service
			 at the expense of the depositing agency.
(c) Under special circumstances, the agency
			 may make prior arrangements with the staff of the State Records Center to go to
			 the State Records Center to pick up their request.
Oregon Administrative Rules › Chapter 166 - SECRETARY OF STATE, ARCHIVES DIVISION › Division 10 - STATE ARCHIVES, STATE RECORDS CENTER, AND SECURITY COPY DEPOSITORY SERVICES › Section 166-010-0019 - Security Copy Depository Deposits for Storage

Current through Register Vol. 63, No. 7, July 1, 2024
The Security Copy Depository operates vault facilities, located
				in the State Archives Building, for the off-site storage of security microfilm
				of public records. The Security Copy Depository accepts deposits for storage
				under the following conditions:
(1)
			 Public records transferred to the Security Copy Depository remain in the
			 official custody of the agency from which they were received. All requests for
			 access to the stored records are made only through that agency.
(2) Prior approval is required to transfer
			 public records to the Security Copy Depository. Transfers will be completed
			 according to procedures, criteria, and standards established by the State
			 Archivist, which are available on request.
(3) Only records with an approved retention
			 period of ten or more years shall be accepted for transfer.
(4) Minimum requirements for the depository
			 are listed in OAR 166-025-0030.
(5)
			 Storage fees for the Security Copy Depository are based on a biennial
			 assessment. Please contact the State Archives, Security Copy Depository
			 (503-378-5250) for current fees.
Stat. Auth.: ORS 192 & 357
Stats. Implemented: ORS
				  192.005 -
				  192.170 &
				  357.805 -
				  357.895
Oregon Administrative Rules › Chapter 166 - SECRETARY OF STATE, ARCHIVES DIVISION › Division 17 - ELECTRONIC RECORDS › Section 166-017-0005 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
Agencies must ensure access to all public records as defined by
				ORS 192.410 to 192.505 for the entire length of the retention period approved
				by the State Archivist. Electronic public records are particularly susceptible
				to accidental deletion, damage and obsolescence. These rules help to ensure
				that public records maintained in electronic format are accessible for their
				scheduled retention period.
Stat. Auth.: ORS 192.050, 192.060 & 192.105
Stats. Implemented: 357.825(2), 357.855 &
				  357.895
Oregon Administrative Rules › Chapter 166 - SECRETARY OF STATE, ARCHIVES DIVISION › Division 17 - ELECTRONIC RECORDS › Section 166-017-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
In addition to the definitions contained in OAR 166-005-0010,
				the following definitions apply to this division:
(1) "AIIM" - Association for Information and
			 Image Management.
(2) "ANSI" -
			 American National Standards Institute.
(3) "ASCII" - American Standard Code for
			 Information Interchange; A standard, seven-bit character set for use by digital
			 computers, which includes 96 displaying symbols (letters, digits, punctuation)
			 and 32 control codes (line feed, newline, tab, etc.).
(4) "Cloud storage" is a model of networked
			 enterprise storage where data is stored in virtualized pools of storage which
			 may be hosted by third parties.
(5) "Digitization" means the process of
			 transforming analog material into electronic form, especially for storage and
			 use in a computer.
(6) "DoD" -
			 Department of Defense.
(7) "DPI" -
			 Dots per inch; refers to the number of pixels contained in a linear inch.
(8) "Electronic record" means any
			 information recorded in a form that requires a machine to process and access
			 the information.
(9) "Electronic
			 records system" is a generic term to indicate any combination of hardware,
			 media or storage, and software used to store electronic records.
(10) "Electronic records management system
			 (ERMS)" means commercial or open source purpose-built software used by an
			 organization to manage records from creation to final disposition. The system's
			 primary functions are categorizing and locating records and identifying records
			 that are due for disposition. The Electronic Records Management System also
			 stores, retrieves and may dispose of the electronic records that are stored in
			 its repository.
(11) "Hybrid
			 micrographic system" means a system that combines a micrographic/microfilm
			 analog system with electronic, digital technology.
(12) "IEC" - International Electrotechnical
			 Commission.
(13) "ISO" -
			 International Organization for Standardization.
(14) "Magnetic media" means any type of
			 storage medium that utilizes magnetic patterns to represent information.
(15) "NIST SP" - National
			 Institute of Standards and Technology Special Publication
(16) "Open format" means a data format that
			 is defined in complete detail and that allows transformation of the data to
			 other formats without loss of information. An open format may be either
			 standards-based or proprietary.
(17) "Optical media" means a platter used to
			 store large quantities of data that can be read using light.
(18) "PDF" - Portable Document Format.
(19) "TIFF" - Tagged Image File
			 Format.
(20) "WORM" - Write once,
			 read many; refers to a type of optical disk which cannot be erased or
			 amended.
Stat. Auth.: ORS 192.050, 192.060 & 192.105
Stats. Implemented: ORS 357.825(2), 357.855 &
				  357.895
Oregon Administrative Rules › Chapter 166 - SECRETARY OF STATE, ARCHIVES DIVISION › Division 17 - ELECTRONIC RECORDS › Section 166-017-0015 - General Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Agencies must
			 ensure that all public records in all formats or mediums, including electronic,
			 are maintained in accordance with an applicable records retention schedule
			 approved by the State Archivist.
(2) Agencies must develop policies and
			 procedures and perform periodic reviews to monitor compliance to agency
			 policies regarding access, use, retention, and disposition of electronic
			 records.
(3) In accordance with
			 their contracting authority, agencies may contract with external vendors for
			 the storage or management of electronic records. The vendors must comply with
			 all rules in OAR 166, Division 17. Agencies must not enter into a contract with
			 any person or entity if the contract will impair the right of the public to
			 inspect or copy the agency's nonexempt public records, including contracts
			 where the custody of the records is transferred, either purposefully or
			 inadvertently, from the agency to the hosting entity.
(4) Contracting agencies must ensure that
			 vendors manage agency records in compliance with all rules in OAR 166, Division
			 17. Contracts for the storage of electronic records by external vendors must
			 require the vendor to comply with OAR 166, Division 17 and to return all
			 electronic data files and indexing information to the agency at the expiration
			 of the contract or upon vendor failure to comply with OAR 166, Division 17.
(5) Agencies must ensure that
			 electronic public records are accessible to the public for their entire
			 authorized retention period and that non-permanent records are destroyed at the
			 end of their authorized retention period. Agencies must also maintain
			 confidentiality for electronic public records that are exempt from public
			 disclosure.
Stat. Auth.: ORS 192.050, 192.060 & 192.105
Stats. Implemented: 357.825(2), 357.855 &
				  357.895
Oregon Administrative Rules › Chapter 166 - SECRETARY OF STATE, ARCHIVES DIVISION › Division 17 - ELECTRONIC RECORDS › Section 166-017-0020 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  192.050, ORS
				  192.060 &
				  192.105
Stats. Implemented: ORS
				  357.825(2),
				  357.855 &
				  357.895
Oregon Administrative Rules › Chapter 166 - SECRETARY OF STATE, ARCHIVES DIVISION › Division 17 - ELECTRONIC RECORDS › Section 166-017-0025 - Electronic Records Management Systems

Current through Register Vol. 63, No. 7, July 1, 2024
If an agency purchases an Electronic Records Management System
				(ERMS) to manage electronic records, the system must be certified as conforming
				to DoD 5015.2-STD, "Design Criteria Standard for Electronic Records Management
				Applications, Version 2 or 3."
Stat. Auth.: ORS 192.050, 192.060 & 192.105
Stats. Implemented: 357.825(2), 357.855 &
				  357.895
Oregon Administrative Rules › Chapter 166 - SECRETARY OF STATE, ARCHIVES DIVISION › Division 17 - ELECTRONIC RECORDS › Section 166-017-0030 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
The publication referenced in this rule is available from the
				  agency.
Stat. Auth.: ORS
				  192.050,
				  192.060 &
				  192.105
Stats. Implemented:
				  357.825(2),
				  357.855 &
				  357.895
Oregon Administrative Rules › Chapter 166 - SECRETARY OF STATE, ARCHIVES DIVISION › Division 17 - ELECTRONIC RECORDS › Section 166-017-0035 - Digitization Standards

Current through Register Vol. 63, No. 7, July 1, 2024
Agency electronic records systems that maintain official copies
				of public records must meet the following minimum requirements for digitization
				of paper or microfilm records into the system (as stated in OAR 166, Division
				25):
(1) Documents containing fonts
			 ten-point or larger, and containing no signatures, must be scanned at a minimum
			 density of 200 DPI (dots per inch), when converting paper or microfilm records
			 to electronic records.
(2)
			 Documents containing fonts smaller than ten-point, signatures, architectural
			 and engineering drawings, maps and line art must be scanned at a minimum
			 density of 300 DPI.
(3) Cancelled
			 checks must be scanned at a minimum density of 240 DPI grayscale and meet the
			 requirements of ANSI X9.100-140 - Specifications for an Image Replacement
			 Document.
(4) Digitized documents
			 must be verified for accuracy and completeness after digitization and prior to
			 the destruction of the paper or microfilm original.
(5) Scanners must be monitored for quality
			 control. Documentation describing each inspection must be maintained for each
			 digital imaging system and must include the date of inspection, name of
			 inspector(s), group of documents inspected, and sample size (if applicable).
			 Policies and procedures must conform to ANSI/AIIM MS44-R1993, Recommended
			 Practice for Quality Control of Image Scanners and ANSI/AIIM TR25-1995 - The
			 Use of Optical Disks for Public Records which are incorporated by reference and
			 are available from the Association for Information and Image Management, 1100
			 Wayne Avenue, Suite 1100, Silver Spring, MD 20910.
(6) Targeting for converting microforms to
			 electronic images must be done in accordance with ANSI/AIIM MS44-R1993.
			 Technical targets used must be the IEE Std 167A-1987, Facsimile Test Chart,
			 AIIM Scanner Test Chart #2, and for color images, the Process Ink Gamut Chart.
			 These Charts are available from the Association of Information and Image
			 Management, 1100 Wayne Avenue, Suite 1100, Silver Spring, MD 20910 or from the
			 Archives Division.
(7) A hybrid
			 micrographic system (system combining a micrographic/microfilm analog system
			 with electronic technology) that conforms to OAR 166-025-0021  may be
			 used.
Stat. Auth.: ORS 192.050, 192.060 & 192.105
Stats. Implemented: 357.825(2), 357.855 &
				  357.895
Oregon Administrative Rules › Chapter 166 - SECRETARY OF STATE, ARCHIVES DIVISION › Division 17 - ELECTRONIC RECORDS › Section 166-017-0040 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  192.050,
				  192.060 &
				  192.105
Stats. Implemented: ORS
				  357.825(2),
				  357.855 &
				  357.895
Oregon Administrative Rules › Chapter 166 - SECRETARY OF STATE, ARCHIVES DIVISION › Division 17 - ELECTRONIC RECORDS › Section 166-017-0045 - Electronic Record as Official Copy of a Public Record

Current through Register Vol. 63, No. 7, July 1, 2024
Electronic records (including digital images) may serve as the
				official copy of a public record under the following conditions:
(1) Public records with a scheduled retention
			 period of less than 100 years may be stored exclusively on electronic records
			 systems and media provided that the standards and requirements specified in OAR
			 166, Division 17 are met.
(2)
			 Public records with a scheduled retention period of 100 years or more may be
			 stored on electronic records systems provided that the original records are
			 retained in hard copy or on microfilm for the entire scheduled retention
			 period, and in compliance with OAR 166.
(3) Agencies may petition the State Archivist
			 in writing for exceptions to 166-017-0045(2)  for public records meeting
			 specific preservation requirements. The petition must specify whether the
			 records are stored in a DoD 5015.2 certified system and state the file format
			 for the records. The State Archivist will either grant or deny the request
			 based on the information provided.
(4) At a minimum, records stored in an
			 electronic format, with a scheduled retention period of 100 years or more must
			 be maintained in accordance with one of the following:
(a) TIFF 6.0 (with Intel byte order)
			 specification (June 3, 1992), which is hereby incorporated by reference and
			 made a part of this rule. This specification is available from Adobe Systems
			 Incorporated, 345 Park Avenue, San Jose, CA 95110-2704.
(b) ISO 32000-1 2008 PDF specification which
			 is hereby incorporated by reference and made part of this rule. This
			 specification is available from Adobe Systems Incorporated, 345 Park Avenue,
			 San Jose, CA 95110-2704.
(c)
			 ISO/IEC 11172-3 1993 MPEG Layer III Audio Encoding (MP3) specification which is
			 hereby incorporated by reference and made part of this rule. This specification
			 is available from the International Organization for Standardization, Geneva,
			 Switzerland.
(d) ISO/IEC 14496-14
			 2003 MPEG 4 File Format (MP4), Version 2 specification which is hereby
			 incorporated by reference and made part of this rule. This specification is
			 available from the International Organization for Standardization, Geneva,
			 Switzerland.
Oregon Administrative Rules › Chapter 166 - SECRETARY OF STATE, ARCHIVES DIVISION › Division 17 - ELECTRONIC RECORDS › Section 166-017-0050 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  192.050,
				  192.060 &
				  192.105
Stats. Implemented: ORS
				  357.825(2),
				  357.855 &
				  357.895
Oregon Administrative Rules › Chapter 166 - SECRETARY OF STATE, ARCHIVES DIVISION › Division 17 - ELECTRONIC RECORDS › Section 166-017-0055 - Security Standards

Current through Register Vol. 63, No. 7, July 1, 2024
Agency electronic records systems that maintain official copies
				of public records must meet the following minimum security requirements:
(1) Provide a method for all
			 authorized users of the system to retrieve desired records.
(2) Provide an appropriate level of security
			 to ensure the integrity of the records. Security controls must include, at a
			 minimum, physical and logical access controls, backup and recovery procedures,
			 file integrity monitoring and training for custodians and users.
Stat. Auth.: ORS 192.050, 192.060 & 192.105
Stats. Implemented: 357.825(2), 357.855 &
				  357.895
Oregon Administrative Rules › Chapter 166 - SECRETARY OF STATE, ARCHIVES DIVISION › Division 17 - ELECTRONIC RECORDS › Section 166-017-0060 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
The publication referenced in this rule is available from the
				  agency.
Stat. Auth.: ORS
				  192.050,
				  192.060 &
				  192.105
Stats. Implemented: ORS
				  357.825(2),
				  357.855 &
				  357.895
Oregon Administrative Rules › Chapter 166 - SECRETARY OF STATE, ARCHIVES DIVISION › Division 17 - ELECTRONIC RECORDS › Section 166-017-0065 - Interoperability Standards

Current through Register Vol. 63, No. 7, July 1, 2024
Agency electronic records systems that maintain official copies
				of public records must meet the following minimum interoperability
				requirements:
(1) Identify the open
			 format or standard interchange format when necessary to permit the exchange of
			 records on electronic media between agency electronic records systems using
			 different software/operating systems and the conversion or migration of records
			 on electronic media from one system to another. For text records in the absence
			 of other conversion capabilities, the word processing or text creation system
			 must be able to import and export files in the ASCII format as prescribed by
			 Federal Information Processing Standard Publication (FIPS PUB) Number 1-2;
			 entitled Coded Character Sets - 7-Bit American National Standard Code for
			 Information Interchange (7-Bit ASCII) (1986, R2002), which is hereby
			 incorporated by reference, and made a part of this rule. This publication is
			 available from the National Technical Information Service (NTIS), 5285 Port
			 Royal Road, U.S. Department of Commerce, Springfield, VA 22161.
(2) Provide for the disposition of the
			 records including, when appropriate, transfer to the Oregon State Archives in
			 the format requested by the State Archivist.
(3) Electronic records must remain accessible
			 during their entire authorized retention period.
Stat. Auth.: ORS 192.050, 192.060 & 192.105
Stats. Implemented: 357.825(2), 357.855 &
				  357.895
Oregon Administrative Rules › Chapter 166 - SECRETARY OF STATE, ARCHIVES DIVISION › Division 17 - ELECTRONIC RECORDS › Section 166-017-0070 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  192.050,
				  192.060 &
				  192.105
Stats. Implemented: ORS
				  357.825(2),
				  357.855 &
				  357.895
Oregon Administrative Rules › Chapter 166 - SECRETARY OF STATE, ARCHIVES DIVISION › Division 17 - ELECTRONIC RECORDS › Section 166-017-0075 - Maintenance and Backup Standards

Current through Register Vol. 63, No. 7, July 1, 2024
Agency electronic records systems must meet the following
				minimum requirements to ensure the ongoing maintenance of electronic records:
(1) Electronic storage media must be
			 maintained in an environment with a constant temperature from 65 to 75 Degrees
			 Fahrenheit not to fluctuate more than +/- 5 Degrees and relative humidity not
			 to exceed 50% (ANSI/AIIM TR 25-1995).
(2) Electronic records stored on magnetic
			 media must not be stored closer than 2 inches from sources of magnetic fields,
			 including generators, elevators, transformers, loudspeakers, microphones,
			 headphones, magnetic cabinet latches and magnetized tools. They must not be
			 stored in metal containers unless the metal is non-magnetic.
(3) Storage containers must be resistant to
			 impact, dust intrusion and moisture.
(4) Official copies of electronic records
			 must be maintained by personnel properly trained in the handling of records and
			 associated equipment.
(5) Written
			 policies and procedures must be established and adopted by the agency for
			 external labeling of the contents of disks, tapes, flash or hard drives or
			 other storage media so that all authorized users can identify and retrieve the
			 stored information.
(6) Storage
			 media must be converted, as necessary, to provide compatibility with the
			 agency's current hardware and software, ensuring that information is not lost
			 due to changing technology or deterioration of storage media. Before conversion
			 of information to different media, agencies must determine that authorized
			 disposition of the electronic records can be implemented after conversion.
(7) Electronic records systems
			 must be backed up on a regularly scheduled basis according to written agency
			 policies and procedures to safeguard against the loss of information due to
			 equipment malfunctions or human error.
(8) Backups must be stored and maintained in
			 off-site storage areas meeting the requirements of 166-020-0015, 166-020-0045  and 166-017-0075(1), and must be located in buildings separate from the
			 location of the records that have been copied.
Stat. Auth.: ORS 192.050, 192.060 & 192.105
Stats. Implemented: 357.825(2), 357.855 &
				  357.895
Oregon Administrative Rules › Chapter 166 - SECRETARY OF STATE, ARCHIVES DIVISION › Division 17 - ELECTRONIC RECORDS › Section 166-017-0080 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  192.050, ORS
				  192.060 &
				  192.105
Stats. Implemented: ORS
				  357.825(2),
				  357.855 &
				  357.895
Oregon Administrative Rules › Chapter 166 - SECRETARY OF STATE, ARCHIVES DIVISION › Division 17 - ELECTRONIC RECORDS › Section 166-017-0085 - Records Retention Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
Agencies must develop and adopt policies and procedures to
				ensure that electronic records are retained and managed as specified in a
				records retention schedule approved by the State Archivist (166-030-0026  or
				166-030-0027). These retention policies and procedures must include provisions
				for:
(1) Scheduling the retention and
			 disposition of all electronic records, as well as related access documentation
			 and indexes, in accordance with approved records retention schedules developed
			 and authorized by the State Archivist.
(2) Identifying, maintaining and protecting
			 essential records and essential records systems (OAR 166-020-0045).
(3) Establishing procedures for regular
			 recopying, reformatting, and other necessary maintenance to ensure the
			 retention and usability of the electronic records throughout their authorized
			 retention period so that the records remain accessible.
(4) Ensuring that electronic records
			 specified in OAR 166-030-0026(4)  are not destroyed without the written
			 permission of the State Archivist.
Stat. Auth.: ORS 192.050, 192.060 & 192.105
Stats. Implemented: 357.825(2), 357.855 &
				  357.895
Oregon Administrative Rules › Chapter 166 - SECRETARY OF STATE, ARCHIVES DIVISION › Division 17 - ELECTRONIC RECORDS › Section 166-017-0090 - Records Destruction Requirements for Electronic Records

Current through Register Vol. 63, No. 7, July 1, 2024
Agency electronic records may be destroyed only in accordance
				with the provisions of a records retention schedule approved by the State
				Archivist. Each agency must ensure:
(1) Electronic records which are confidential
			 by law and negotiable instruments (even when cancelled or satisfied in writing)
			 and records that contain sensitive, proprietary, or security information must
			 be destroyed so that the image and confidential metadata are irreversibly
			 non-retrievable, either through electronic or physical destruction as specified
			 below:
(a) Electronic records stored on
			 magnetic media must be degaussed or "bulk erased" and then irreversibly
			 reformatted to ensure the data/information cannot be retrieved.
(b) Electronic records held on optical media
			 may be destroyed by cutting, crushing, shredding, or other physical means of
			 destruction. Rewritable optical disks must be irreversibly reformatted before
			 being disposed of or re-used.
(c)
			 Electronic records stored on hard drives or flash drives of personal computers
			 and servers must be irreversibly reformatted before computers are disposed of.
			 If the agency is unable to determine whether a hard drive or flash drive has
			 been irreversibly reformatted, it must be physically destroyed.
(d) For additional guidance on data
			 sanitation and destruction, refer to NIST SP 800-88, Guidelines for Media
			 Sanitization and DoD 5220.22-M.
Oregon Administrative Rules › Chapter 166 - SECRETARY OF STATE, ARCHIVES DIVISION › Division 17 - ELECTRONIC RECORDS › Section 166-017-0095 - Use of Alternate Formats and New Technologies for Public Records

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If adopting new formats or new
			 technologies for public records, such as text messages, social networking
			 sites, and alternate private email accounts, agencies must ensure all actions
			 comply with the requirements of the Oregon Revised Statutes and the rules found
			 in OAR 166 will be met.
(2) If an
			 agency utilizes private records storage facilities such as cloud storage, the
			 agency must ensure that they maintain ownership of all of the agency's stored
			 public records.
Stat. Auth.: ORS 192.050, 192.060 & 192.105
Stats. Implemented: 357.825(2), 357.855 &
				  357.895
Oregon Administrative Rules › Chapter 166 - SECRETARY OF STATE, ARCHIVES DIVISION › Division 20 - THE PROTECTION AND STORAGE OF PUBLIC RECORDS › Section 166-020-0005 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
This Division defines storage and conditions that are
				acceptable for the use, storage, and protection of public records in Oregon,
				ensuring that the informational content is protected for the entire length of
				the authorized retention period of the public record.
Stat. Auth.: ORS 357
Stats. Implemented: ORS
				  357.825(2),
				  357.855 &
				  357.895
Oregon Administrative Rules › Chapter 166 - SECRETARY OF STATE, ARCHIVES DIVISION › Division 20 - THE PROTECTION AND STORAGE OF PUBLIC RECORDS › Section 166-020-0007 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
In addition to the definitions contained in OAR
				166-005-0010  and 166-017-0011,
				the following definitions apply to this division:
(1) "Essential electronic records system"
			 means a records system which requires a computer to process and contains
			 records that are essential to the continued functioning or reconstitution of an
			 agency during and after an emergency, and those records that are essential to
			 protect the rights and interests of that agency and of the individuals directly
			 affected by its actions. Essential records are sometimes called vital
			 records.
(2) "Essential records"
			 means records that are essential to the continued functioning or reconstitution
			 of an agency during and after an emergency, and those records that are
			 essential to protect the rights and interests of the agency and of the
			 individuals directly affected by its actions. Essential records are sometimes
			 called vital records.
(3) "Records
			 system" means an organized collection of data captured, processed, maintained,
			 transmitted or disseminated in accordance with defined procedures (automated or
			 manual).
Stat. Auth.: ORS 192 & 357
Stats. Implemented: ORS 192,
				  357.825(2),
				  357.855 &
				  357.895
Oregon Administrative Rules › Chapter 166 - SECRETARY OF STATE, ARCHIVES DIVISION › Division 20 - THE PROTECTION AND STORAGE OF PUBLIC RECORDS › Section 166-020-0010 - Duties of Public Records Custodians

Current through Register Vol. 63, No. 7, July 1, 2024
Public records custodians are charged with protecting and
				providing access to public records:
(1) The term "public records" as used in
			 statutes and rules pertaining to disposition of public records means records
			 which are the property of the public. Alienation of public records is
			 prohibited by public policy and statute (ORS
			 192.001). Custodians of public
			 records are specifically charged by statute with the responsibility of
			 protecting them, and, except as expressly provided by statute, furnishing
			 reasonable opportunities for inspection and examination of them by any person
			 (ORS 192.430(1).
(2) State and local agencies are responsible
			 for public records in their custody, wherever deposited, until the public
			 records have been transferred to the custody of the State Archivist or
			 otherwise disposed of as authorized by an approved records retention schedule
			 produced by the State Archivist
(3)
			 Pursuant to ORS 357.875, no state agency or
			 local government shall enter into or renew an agreement with any records
			 storage entity that restricts the access or inspection of Oregon public records
			 by the State Archivist.
(4) When a
			 state agency is abolished or ceases to operate, its public records shall be
			 deposited in the official custody of the State Archivist, except as otherwise
			 provided by ORS 357.835(2).
(5) Public records deposited in the State
			 Records Center or Security Copy Depository remain in the official custody of
			 the agency which deposited them.
Stat. Auth.: ORS 357
Stats. Implemented: ORS
				  357.825(2),
				  357.835,
				  357.855 &
				  357.895
Oregon Administrative Rules › Chapter 166 - SECRETARY OF STATE, ARCHIVES DIVISION › Division 20 - THE PROTECTION AND STORAGE OF PUBLIC RECORDS › Section 166-020-0015 - Storage Area Standards

Current through Register Vol. 63, No. 7, July 1, 2024
Safe storage of public records requires compliance with the
				following standards:
(1) Public
			 records should be stored in secure, fire-resistant structures and in areas in
			 which the temperature and humidity are maintained at the levels required to
			 ensure optimum longevity of the paper, film or medium on which they are
			 recorded. Adequate light and access should be provided to permit retrieval of
			 public records. Adequate ventilation and protection against insect or mold
			 invasion should be provided. Steam, water, and sewer pipes, other than
			 fire-control sprinkler systems, pose extreme hazard to records. No public
			 records of enduring value should be stored where heat, breaks, drips or
			 condensation from pipes could damage them; where windows, doors, walls or roofs
			 are likely to admit moisture; or where they will be exposed to sunlight or
			 extreme temperature variations.
(2)
			 Aisle space in public records storage areas should be kept free of obstruction
			 and no public records should be stacked or piled directly on the floor of any
			 storage area. All public records should be shelved above initial flood level of
			 any bursting pipe, leaky roof, sprinkler system or other source of
			 water.
(3) Additional storage area
			 standards are specified in these rules for public records stored in electronic
			 format (OAR 166, Division 17), and in microforms (OAR 166, Division
			 25).
Stat. Auth.: ORS 192 & 357
Stats. Implemented: ORS
				  357.825(2),
				  357.855 &
				  357.895
Oregon Administrative Rules › Chapter 166 - SECRETARY OF STATE, ARCHIVES DIVISION › Division 20 - THE PROTECTION AND STORAGE OF PUBLIC RECORDS › Section 166-020-0045 - Essential Records Systems, Identification and Storage

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Agencies shall, with the advice and
			 assistance of the State Archivist, identify their essential records, regardless
			 of medium or physical format.
(2)
			 Agencies shall store security copies of essential electronic records systems
			 off the premises where the system is used, along with any system documentation
			 necessary to enable recovery of the system in the event of an
			 emergency.
(3) Agencies shall
			 comply with the following storage requirements for security copies of essential
			 electronic records systems:
(a) Off-site
			 storage conditions shall have temperatures no less than 60 degrees or greater
			 than 80 degrees Fahrenheit, and shall have a relative humidity no greater than
			 50 percent.
(b) Off-site storage
			 shall be in secure facilities with fire suppression systems. Facilities must
			 provide adequate ventilation and protection against insect and mold
			 infestation. No essential records systems shall be stored where heat or
			 moisture can damage them.
Oregon Administrative Rules › Chapter 166 - SECRETARY OF STATE, ARCHIVES DIVISION › Division 25 - MICROFILM STANDARDS RULES › Section 166-025-0005 - Purpose and Application of Microfilm Standards Rules

Current through Register Vol. 63, No. 7, July 1, 2024
The authority for these rules is found in ORS
				192.070,
				357.825(2), and
				357.895. State agencies and
				political subdivisions shall comply with these rules for microfilming public
				records. These rules contain the measures necessary to insure that the
				informational content of public records is protected for the life of the
				record.
Stat. Auth.: ORS
				  192.070,
				  357.825(2)
				  & 357.895
Stats. Implemented: ORS
				  357.825(2),
				  357.855 &
				  357.895
Oregon Administrative Rules › Chapter 166 - SECRETARY OF STATE, ARCHIVES DIVISION › Division 25 - MICROFILM STANDARDS RULES › Section 166-025-0020 - Targets and Certifications

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Oregon Administrative Rules › Chapter 166 - SECRETARY OF STATE, ARCHIVES DIVISION › Division 25 - MICROFILM STANDARDS RULES › Section 166-025-0021 - Hybrid Systems

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Oregon Administrative Rules › Chapter 166 - SECRETARY OF STATE, ARCHIVES DIVISION › Division 25 - MICROFILM STANDARDS RULES › Section 166-025-0022 - Target and Certifications (Hybrid Systems)

Current through Register Vol. 63, No. 7, July 1, 2024
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
Oregon Administrative Rules › Chapter 166 - SECRETARY OF STATE, ARCHIVES DIVISION › Division 25 - MICROFILM STANDARDS RULES › Section 166-025-0025 - Storage of Security Microfilm

Current through Register Vol. 63, No. 7, July 1, 2024
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)
Publications referenced are available from the
				  agency.
Stat. Auth.: ORS
				  192.070,
				  357.825(2)
				  & 357.895
Stats. Implemented: ORS
				  357.825(2),
				  357.855 &
				  357.895