USA Statutes : oregon
Title : TITLE 19 MISCELLANEOUS MATTERS RELATED TO GOVERNMENT AND PUBLIC AFFAIRS
Chapter : Chapter 192 Records; Public Reports and Meetings
(1) The Legislative
Assembly finds that:
(a) The records of the state and its political subdivisions are so
interrelated and interdependent, that the decision as to what records are
retained or destroyed is a matter of statewide public policy.
(b) The interest and concern of citizens in public records
recognizes no jurisdictional boundaries, and extends to such records
wherever they may be found in Oregon.
(c) As local programs become increasingly intergovernmental, the
state and its political subdivisions have a responsibility to insure
orderly retention and destruction of all public records, whether current
or noncurrent, and to insure the preservation of public records of value
for administrative, legal and research purposes.
(2) The purpose of ORS 192.005 to 192.170 and 357.805 to 357.895 is
to provide direction for the retention or destruction of public records
in Oregon in order to assure the retention of records essential to meet
the needs of the Legislative Assembly, the state, its political
subdivisions and its citizens, in so far as the records affect the
administration of government, legal rights and responsibilities, and the
accumulation of information of value for research purposes of all kinds,
and in order to assure the prompt destruction of records without
continuing value. All records not included in types described in this
subsection shall be destroyed in accordance with the rules adopted by the
Secretary of State. [1973 c.439 §1; 1991 c.671 §3]ARCHIVING OF PUBLIC RECORDS As used in ORS
192.005 to 192.170, unless the context requires otherwise:
(1) “Archivist” means the State Archivist.
(2) “Photocopy” includes a photograph, microphotograph and any
other reproduction on paper or film in any scale.
(3) “Photocopying” means the process of reproducing, in the form of
a photocopy, a public record or writing.
(4) “Political subdivision” means a city, county, district or any
other municipal or public corporation in this state.
(5) “Public record” includes, but is not limited to, a document,
book, paper, photograph, file, sound recording or machine readable
electronic record, regardless of physical form or characteristics, made,
received, filed or recorded in pursuance of law or in connection with the
transaction of public business, whether or not confidential or restricted
in use. “Public record” does not include:
(a) Records of the Legislative Assembly, its committees, officers
and employees.
(b) Library and museum materials made or acquired and preserved
solely for reference or exhibition purposes.
(c) Records or information concerning the location of
archaeological sites or objects as those terms are defined in ORS 358.905.
(d) Extra copies of a document, preserved only for convenience of
reference.
(e) A stock of publications.
(f) Messages on voice mail or on other telephone message storage
and retrieval systems.
(6) “State agency” means any state officer, department, board,
commission or court created by the Constitution or statutes of this
state. However, “state agency” does not include the Legislative Assembly
or its committees, officers and employees. [1961 c.160 §2; 1965 c.302 §1;
1983 c.620 §11; 1989 c.16 §1; 1999 c.55 §1; 1999 c.140 §1] The
Secretary of State is the public records administrator of this state, and
it is the responsibility of the secretary to obtain and maintain
uniformity in the application, operation and interpretation of the public
records laws. [1973 c.439 §2] A
state agency or political subdivision making public records or receiving
and filing or recording public records, may do such making or receiving
and filing or recording by means of photocopying. Such photocopying
shall, except for records which are treated as confidential pursuant to
law, be made, assembled and indexed, in lieu of any other method provided
by law, in such manner as the governing body of the state agency or
political subdivision considers appropriate. [Amended by 1961 c.160 §5] A state agency or
political subdivision may, with the approval of the proper budgetary
authority, cause any public records in its official custody to be
photocopied or captured by digital imaging system as in the case of
original filings or recordings or recorded by means of analog or digital
audio and video tape technology. Each photocopy, digital image and analog
or digital audio and video tape shall be made in accordance with the
appropriate standard as determined by the State Archivist. Every such
reproduction shall be deemed an original; and a transcript,
exemplification or certified copy of any such reproduction shall be
deemed a transcript, exemplification or certified copy, as the case may
be, of the original. [Amended by 1961 c.160 §6; 1991 c.671 §4] All photocopies,
digital images and analog or digital audio and video tapes made under ORS
192.040 and 192.050 shall be properly indexed and placed in conveniently
accessible files. Each roll of microfilm shall be deemed a book or volume
and shall be designated and numbered and provision shall be made for
preserving, examining and using the same. [Amended by 1961 c.160 §7; 1991
c.671 §5]A duplicate of every roll of microfilm of documents recorded
pursuant to law and the indexes therefor shall be made and kept safely.
The State Archivist upon request may, pursuant to ORS 357.865, accept for
safekeeping the duplicate microfilm. [Amended by 1961 c.160 §8]Upon the request of a public body as defined by ORS 174.109, the
State Archivist may perform microfilm services for the public body. The
public body shall pay the cost of rendering the microfilm services to the
State Archivist. The State Archivist shall deposit moneys received under
this section with the State Treasurer, who shall give a receipt for the
moneys. All moneys deposited under this section are continuously
appropriated for the payment of expenses incurred by the Secretary of
State in the administration of the office of the State Archivist. [1955
c.87 §1; 1961 c.172 §3; 1973 c.439 §8; 2003 c.803 §3](1) Except as otherwise provided by law, the
State Archivist may grant to public officials of the state or any
political subdivision specific or continuing authorization for the
retention or disposition of public records that are in their custody,
after the records have been in existence for a specified period of time.
In granting such authorization, the State Archivist shall consider the
value of the public records for legal, administrative or research
purposes and shall establish rules for procedure for the retention or
disposition of the public records.
(2)(a) The State Archivist shall provide instructions and forms for
obtaining authorization. Upon receipt of an authorization or upon the
effective date of the applicable rule, a state official who has public
records in custody shall destroy or otherwise dispose of those records
that are older than the specified period of retention established by the
authorization or rule. An official of a local government may destroy such
records if such destruction is consistent with the policy of the local
government. No record of accounts or financial affairs subject to audit
shall be destroyed until released for destruction by the responsible
auditor or representative of the auditor. If federal funds are involved,
records retention requirements of the United States Government must be
observed. Each state agency and political subdivision shall designate a
records officer to coordinate its records management program and to serve
as liaison with the State Archivist. The county records officers for the
purposes of ORS 192.001, 192.050, 192.060, 192.105, 192.130, 357.825,
357.835 and 357.875 shall be those officers identified in ORS 205.110.
The State Archivist shall require periodic reports from records officers
about records management programs. The State Archivist may require state
agency records designated as inactive by the State Archivist to be
transferred to the State Records Center, pending the availability of
space.
(b) The State Archivist shall determine which parts of a public
record are acceptable for admission to the State Records Center and may
require the state agency or governing body to cause the unacceptable part
to be removed before the record is submitted to the State Records Center.
(3) Authorizations granted prior to January 1, 1978, by any state
agency, the State Archivist, or any board of county commissioners, to
state agencies, schools, school districts, soil and water conservation
districts, or county officials and offices shall remain in effect until
they are adopted or amended by the State Archivist.
(4) This section does not apply to legislative records, as defined
in ORS 171.410. [1953 c.244 §1; 1961 c.160 §10; subsection (3) enacted as
1961 c.150 §5; 1971 c.508 §1; 1977 c.146 §1; 1991 c.671 §6; 1993 c.660
§1; 1999 c.59 §43; 2003 c.255 §1; 2003 c.803 §10]If the State Archivist determines
that any public records of a state agency or political subdivision in the
official custody of the State Archivist prove to have insufficient
administrative, legal or research value to warrant permanent
preservation, the State Archivist shall submit a statement or summary
thereof to the records officer of the state agency or political
subdivision, or successor agency or body, certifying the type and nature
thereof and giving prior notification of the destruction. [Amended by
1961 c.160 §12; 1971 c.508 §2; 1991 c.671 §7] The
destruction or other disposal of the following materials do not require
specific authorization:
(1) Inquiries and requests from the public and answers thereto not
required by law to be preserved or not required as evidence of a public
or private legal right or liability.
(2) Public records which are duplicates by reason of their having
been photocopied.
(3) Letters of transmittal and acknowledgment, advertising,
announcements and correspondence or notes pertaining to reservations of
accommodations or scheduling of personal visits or appearances. [Amended
by 1961 c.160 §16; 1971 c.508 §3](1) Subject to such rules as the Secretary of
State may adopt, the secretary may accept and file as a public record the
credentials of a member of the consular corps if that member’s
jurisdiction includes the State of Oregon.
(2) The Secretary of State may certify as to the official character
and the genuineness of the signature of a member of the consular corps
whose credentials have been accepted and filed under subsection (1) of
this section.
(3) Fees for the filing of credentials and the issuance of
certificates under this section shall be established by the Secretary of
State pursuant to ORS 177.130. [1983 c.232 §1]PUBLIC REPORTS(Standardized Form) As used in ORS
192.210 and 192.220, unless the context requires otherwise:
(1) “Issuing agency” means:
(a) Every state officer, board, commission, department,
institution, branch or agency of state government whose costs are paid
from public funds and includes the Legislative Assembly, the officers and
committees thereof, and the courts and the officers and committees
thereof; or
(b) Any county, special district, school district or public or
quasi-public corporation.
(2) “Printing” includes any form of reproducing written material.
(3) “Report” means any report or other publication of an issuing
agency that is required by law to be submitted to the public or to a
receiving agency.
(4) “Receiving agency” means any state officer or state board,
commission, department, institution or agency or branch of government
that is required by law to receive any report from an issuing agency. If
the branch of government is the Legislative Assembly, the receiving
agency is the Legislative Administration Committee and if the branch is
the judicial branch, the receiving agency is the Supreme Court. [1969
c.456 §1; 1971 c.638 §11] (1) Except where
form and frequency of reports are specified by law, every receiving
agency shall prescribe by rule standardized forms for all reports and
shall fix the frequency with which reports shall be submitted.
(2) Receiving agencies in the executive or administrative branch of
government shall consult with the Oregon Department of Administrative
Services in preparing rules under this section.
(3) With the consent of the Governor, a receiving agency in the
executive or administrative branch may exempt any issuing agency from the
requirements imposed under subsection (1) of this section. The
Legislative Administration Committee may exempt any issuing agency from
such requirements for any report required to be submitted to the
Legislative Assembly. The Supreme Court may exempt any issuing agency
from such requirements for any report required to be submitted to the
courts. [1969 c.456 §2; 1971 c.638 §12](Policy; Compliance) As used in ORS
192.235 to 192.245:
(1) “Report” means informational matter that is published as an
individual document at state expense or as required by law. “Report” does
not include documents prepared strictly for agency administrative or
operational purposes.
(2) “State agency” has the meaning given that term in ORS 192.410.
[1991 c.842 §1; 2001 c.153 §1]Note: 192.230 to 192.250 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. (1) The Legislative
Assembly finds that:
(a) Many state agency reports are published for reasons that are
historical and no longer based on the public’s need to be informed.
(b) The format of many state agency reports is not economical or
well suited to providing needed information in easily understandable form.
(c) State agency reports containing information that is useful but
not to the general public should be placed on a self-supporting schedule.
(2) It is the policy of the Legislative Assembly to encourage state
agencies to inform the public, the Legislative Assembly and the Governor
of matters of public interest and concern. It is further the policy of
this state to guarantee to its citizens the right to know about the
activities of their government, to benefit from the information developed
by state agencies at public expense and to enjoy equal access to the
information services of state agencies. It is further state policy to
encourage agencies to consider whether needed information is most
effectively and economically presented by means of printed reports. [1991
c.842 §2]Note: See note under 192.230. To comply with the
state policy relating to reports outlined in ORS 192.235, a state agency
shall do the following:
(1) Use electronic communications whenever the agency determines
that such use reduces cost and still provides public access to
information.
(2) Whenever possible, use standard 8-1/2-by-11-inch paper printed
on both sides of the sheet and use recycled paper, as defined in ORS
279A.010 and rules adopted pursuant thereto.
(3) Insure that public documents are furnished to the State
Librarian, as required in ORS 357.090. [1991 c.842 §3; 1995 c.69 §10;
2003 c.794 §212]Note: See note under 192.230. (1) In
accordance with rules adopted by the Oregon Department of Administrative
Services and to reduce the amount of paper used by state agencies, by
June 30, 2005, each state agency shall make available on the Internet any
report that the state agency is required by law to publish. If a statute
or rule requires a state agency to issue a printed report, that
requirement is satisfied if the state agency makes the report available
on the Internet. A state agency may issue printed copies of a report upon
request.
(2) The Oregon Department of Administrative Services shall adopt
rules in accordance with subsection (1) of this section requiring each
state agency to make available on the Internet any report that the state
agency is required by law to publish.
(3) This section may not be construed to require the disclosure of
a public record that is exempt from disclosure under ORS 192.410 to
192.505 or other law. [2001 c.153 §3]Note: See note under 192.230. Whenever a law of this state
requires a written report be submitted to the Legislative Assembly, the
requirement shall be met by distribution of an executive summary of no
more than two pages sent to every member of the Legislative Assembly and
one copy of the report to the office of the Speaker of the House of
Representatives, one copy to the office of the President of the Senate
and five copies to the Legislative Administration Committee. This
requirement does not preclude providing a copy of any report to a
specific legislative committee if required by law. [1991 c.842 §4]Note: See note under 192.230.The Director of the
Oregon Department of Administrative Services shall report to the
Legislative Assembly by appearing at least once during each biennium
before the appropriate interim committees designated by the Speaker of
the House of Representatives and the President of the Senate. The
director shall testify as to the effectiveness of ORS 171.206, 192.230 to
192.250 and 292.956, including any cost savings realized or projected and
any recommendations for further legislative action. [1991 c.842 §5; 2003
c.803 §4]Note: See note under 192.230.(Distribution) As used in ORS
192.270 and 192.275:
(1) “Public” does not include any state officer or board,
commission, committee, department, institution, branch or agency of state
government to which a report is specifically required by law to be
submitted but does include any such to which a copy is sent for general
informational purposes or as a courtesy.
(2) “Report” means informational matter published as a report or
other document by a state agency but does not include an order as defined
in ORS 183.310.
(3) “State agency” means any state officer or board, commission,
department, institution or agency of the executive, administrative or
legislative branches of state government. [1993 c.181 §1]Note: 192.270 and 192.275 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.
Notwithstanding ORS 192.230 to 192.245, if any state or federal law
requires a state agency to send, mail or submit a report to the public,
the state agency may meet this requirement by mailing notice of the
report to the public. The notice shall state that if the recipient
returns an attached or enclosed postcard to the state agency, the state
agency will supply a copy of the report. The postcard may contain a
checkoff to indicate whether the person wants to continue receiving a
copy of complete reports. [1993 c.181 §2]Note: See note under 192.270.RECORDS AND REPORTS IN ENGLISH (1)
With the exception of physicians’ prescriptions, all records, reports and
proceedings required to be kept by law shall be in the English language
or in a machine language capable of being converted to the English
language by a data processing device or computer.
(2) Violation of this section is a Class C misdemeanor. [1971 c.743
§294]INSPECTION OF PUBLIC RECORDS As used in ORS
192.410 to 192.505:
(1) “Custodian” means:
(a) The person described in ORS 7.110 for purposes of court
records; or
(b) A public body mandated, directly or indirectly, to create,
maintain, care for or control a public record. “Custodian” does not
include a public body that has custody of a public record as an agent of
another public body that is the custodian unless the public record is not
otherwise available.
(2) “Person” includes any natural person, corporation, partnership,
firm, association or member or committee of the Legislative Assembly.
(3) “Public body” includes every state officer, agency, department,
division, bureau, board and commission; every county and city governing
body, school district, special district, municipal corporation, and any
board, department, commission, council, or agency thereof; and any other
public agency of this state.
(4)(a) “Public record” includes any writing that contains
information relating to the conduct of the public’s business, including
but not limited to court records, mortgages, and deed records, prepared,
owned, used or retained by a public body regardless of physical form or
characteristics.
(b) “Public record” does not include any writing that does not
relate to the conduct of the public’s business and that is contained on a
privately owned computer.
(5) “State agency” means any state officer, department, board,
commission or court created by the Constitution or statutes of this state
but does not include the Legislative Assembly or its members, committees,
officers or employees insofar as they are exempt under section 9, Article
IV of the Oregon Constitution.
(6) “Writing” means handwriting, typewriting, printing,
photographing and every means of recording, including letters, words,
pictures, sounds, or symbols, or combination thereof, and all papers,
maps, files, facsimiles or electronic recordings. [1973 c.794 §2; 1989
c.377 §1; 1993 c.787 §4; 2001 c.237 §1; 2005 c.659 §4](1) Every person has a right to inspect any public record of a
public body in this state, except as otherwise expressly provided by ORS
192.501 to 192.505.
(2)(a) If a person who is a party to a civil judicial proceeding to
which a public body is a party, or who has filed a notice under ORS
30.275 (5)(a), asks to inspect or to receive a copy of a public record
that the person knows relates to the proceeding or notice, the person
must submit the request in writing to the custodian and, at the same
time, to the attorney for the public body.
(b) For purposes of this subsection:
(A) The attorney for a state agency is the Attorney General in
Salem.
(B) “Person” includes a representative or agent of the person.
[1973 c.794 §3; 1999 c.574 §1; 2003 c.403 §1] (1) The
custodian of any public records, including public records maintained in
machine readable or electronic form, unless otherwise expressly provided
by statute, shall furnish proper and reasonable opportunities for
inspection and examination of the records in the office of the custodian
and reasonable facilities for making memoranda or abstracts therefrom,
during the usual business hours, to all persons having occasion to make
examination of them. If the public record is maintained in machine
readable or electronic form, the custodian shall furnish proper and
reasonable opportunity to assure access.
(2) The custodian of the records may adopt reasonable rules
necessary for the protection of the records and to prevent interference
with the regular discharge of duties of the custodian. [1973 c.794 §4;
1989 c.546 §1](1) The custodian of any public record that a person has a
right to inspect shall give the person, on demand:
(a) A certified copy of the public record if the public record is
of a nature permitting copying; or
(b) A reasonable opportunity to inspect or copy the public record.
(2) If the public record is maintained in a machine readable or
electronic form, the custodian shall provide a copy of the public record
in the form requested, if available. If the public record is not
available in the form requested, the custodian shall make the public
record available in the form in which the custodian maintains the public
record.
(3)(a) The public body may establish fees reasonably calculated to
reimburse the public body for the public body’s actual cost of making
public records available, including costs for summarizing, compiling or
tailoring the public records, either in organization or media, to meet
the person’s request.
(b) The public body may include in a fee established under
paragraph (a) of this subsection the cost of time spent by an attorney
for the public body in reviewing the public records, redacting material
from the public records or segregating the public records into exempt and
nonexempt records. The public body may not include in a fee established
under paragraph (a) of this subsection the cost of time spent by an
attorney for the public body in determining the application of the
provisions of ORS 192.410 to 192.505.
(c) The public body may not establish a fee greater than $25 under
this section unless the public body first provides the requestor with a
written notification of the estimated amount of the fee and the requestor
confirms that the requestor wants the public body to proceed with making
the public record available.
(d) Notwithstanding paragraphs (a) to (c) of this subsection, when
the public records are those filed with the Secretary of State under ORS
chapter 79 or ORS 80.100 to 80.130, the fees for furnishing copies,
summaries or compilations of the public records are those established by
the Secretary of State by rule, under ORS chapter 79 or ORS 80.100 to
80.130.
(4) The custodian of any public record may furnish copies without
charge or at a substantially reduced fee if the custodian determines that
the waiver or reduction of fees is in the public interest because making
the record available primarily benefits the general public.
(5) A person who believes that there has been an unreasonable
denial of a fee waiver or fee reduction may petition the Attorney General
or the district attorney in the same manner as a person petitions when
inspection of a public record is denied under ORS 192.410 to 192.505. The
Attorney General, the district attorney and the court have the same
authority in instances when a fee waiver or reduction is denied as it has
when inspection of a public record is denied.
(6) This section does not apply to signatures of individuals
submitted under ORS chapter 247 for purposes of registering to vote as
provided in ORS 247.973. [1973 c.794 §5; 1979 c.548 §4; 1989 c.111 §12;
1989 c.377 §2; 1989 c.546 §2; 1999 c.824 §5; 2001 c.445 §168; 2005 c.272
§1]Note: For transition provisions regarding secured transactions, see
notes under 79.0628.(1) An individual may
submit a written request to a public body not to disclose a specified
public record indicating the home address, personal telephone number or
electronic mail address of the individual. A public body may not disclose
the specified public record if the individual demonstrates to the
satisfaction of the public body that the personal safety of the
individual or the personal safety of a family member residing with the
individual is in danger if the home address, personal telephone number or
electronic mail address remains available for public inspection.
(2) The Attorney General shall adopt rules describing:
(a) The procedures for submitting the written request described in
subsection (1) of this section.
(b) The evidence an individual shall provide to the public body to
establish that disclosure of the home address, telephone number or
electronic mail address of the individual would constitute a danger to
personal safety. The evidence may include but is not limited to evidence
that the individual or a family member residing with the individual has:
(A) Been a victim of domestic violence;
(B) Obtained an order issued under ORS 133.055;
(C) Contacted a law enforcement officer involving domestic violence
or other physical abuse;
(D) Obtained a temporary restraining order or other no contact
order to protect the individual from future physical abuse; or
(E) Filed other criminal or civil legal proceedings regarding
physical protection.
(c) The procedures for submitting the written notification from the
individual that disclosure of the home address, personal telephone number
or electronic mail address of the individual no longer constitutes a
danger to personal safety.
(3) A request described in subsection (1) of this section remains
effective:
(a) Until the public body receives a written request for
termination but no later than five years after the date that a public
body receives the request; or
(b) In the case of a voter registration record, until the
individual must update the individual’s voter registration, at which time
the individual may apply for another exemption from disclosure.
(4) A public body may disclose a home address, personal telephone
number or electronic mail address of an individual exempt from disclosure
under subsection (1) of this section upon court order, on request from
any law enforcement agency or with the consent of the individual.
(5) A public body may not be held liable for granting or denying an
exemption from disclosure under this section or any other unauthorized
release of a home address, personal telephone number or electronic mail
address granted an exemption from disclosure under this section.
(6) This section does not apply to county property and lien
records. [1993 c.787 §5; 1995 c.742 §12; 2003 c.807 §1]Note: 192.445 was added to and made a part of 192.410 to 192.505 by
legislative action but was not added to any smaller series therein. See
Preface to Oregon Revised Statutes for further explanation.(1) As used in this section, “public body” has the meaning given
that term in ORS 174.109.
(2) A public body may not disclose the identification badge or card
of an employee of the public body without the written consent of the
employee if:
(a) The badge or card contains the photograph of the employee; and
(b) The badge or card was prepared solely for internal use by the
public body to identify employees of the public body.
(3) The public body may not disclose a duplicate of the photograph
used on the badge or card. [2003 c.282 §1]
Note: 192.447 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.(1) Subject to ORS
192.480 and subsection (4) of this section, any person denied the right
to inspect or to receive a copy of any public record of a state agency
may petition the Attorney General to review the public record to
determine if it may be withheld from public inspection. Except as
provided in subsection (5) of this section, the burden is on the agency
to sustain its action. Except as provided in subsection (5) of this
section, the Attorney General shall issue an order denying or granting
the petition, or denying it in part and granting it in part, within seven
days from the day the Attorney General receives the petition.
(2) If the Attorney General grants the petition and orders the
state agency to disclose the record, or if the Attorney General grants
the petition in part and orders the state agency to disclose a portion of
the record, the state agency shall comply with the order in full within
seven days after issuance of the order, unless within the seven-day
period it issues a notice of its intention to institute proceedings for
injunctive or declaratory relief in the Circuit Court for Marion County
or, as provided in subsection (6) of this section, in the circuit court
of the county where the record is held. Copies of the notice shall be
sent to the Attorney General and by certified mail to the petitioner at
the address shown on the petition. The state agency shall institute the
proceedings within seven days after it issues its notice of intention to
do so. If the Attorney General denies the petition in whole or in part,
or if the state agency continues to withhold the record or a part of it
notwithstanding an order to disclose by the Attorney General, the person
seeking disclosure may institute such proceedings.
(3) The Attorney General shall serve as counsel for the state
agency in a suit filed under subsection (2) of this section if the suit
arises out of a determination by the Attorney General that the public
record should not be disclosed, or that a part of the public record
should not be disclosed if the state agency has fully complied with the
order of the Attorney General requiring disclosure of another part or
parts of the public record, and in no other case. In any case in which
the Attorney General is prohibited from serving as counsel for the state
agency, the agency may retain special counsel.
(4) A person denied the right to inspect or to receive a copy of
any public record of a health professional regulatory board, as defined
in ORS 676.160, that contains information concerning a licensee or
applicant, and petitioning the Attorney General to review the public
record shall, on or before the date of filing the petition with the
Attorney General, send a copy of the petition by first class mail to the
health professional regulatory board. Not more than 48 hours after the
board receives a copy of the petition, the board shall send a copy of the
petition by first class mail to the licensee or applicant who is the
subject of any record for which disclosure is sought. When sending a copy
of the petition to the licensee or applicant, the board shall include a
notice informing the licensee or applicant that a written response by the
licensee or applicant may be filed with the Attorney General not later
than seven days after the date that the notice was sent by the board.
Immediately upon receipt of any written response from the licensee or
applicant, the Attorney General shall send a copy of the response to the
petitioner by first class mail.
(5) The person seeking disclosure of a public record of a health
professional regulatory board, as defined in ORS 676.160, that is
confidential or exempt from disclosure under ORS 676.165 or 676.175,
shall have the burden of demonstrating to the Attorney General by clear
and convincing evidence that the public interest in disclosure outweighs
other interests in nondisclosure, including but not limited to the public
interest in nondisclosure. The Attorney General shall issue an order
denying or granting the petition, or denying or granting it in part, not
later than the 15th day following the day that the Attorney General
receives the petition. A copy of the Attorney General’s order granting a
petition or part of a petition shall be served by first class mail on the
health professional regulatory board, the petitioner and the licensee or
applicant who is the subject of any record ordered to be disclosed. The
health professional regulatory board shall not disclose any record prior
to the seventh day following the service of the Attorney General’s order
on a licensee or applicant entitled to receive notice under this
subsection.
(6) If the Attorney General grants or denies the petition for a
record of a health professional regulatory board, as defined in ORS
676.160, that contains information concerning a licensee or applicant,
the board, a person denied the right to inspect or receive a copy of the
record or the licensee or applicant who is the subject of the record may
institute proceedings for injunctive or declaratory relief in the circuit
court for the county where the public record is held. The party seeking
disclosure of the record shall have the burden of demonstrating by clear
and convincing evidence that the public interest in disclosure outweighs
other interests in nondisclosure, including but not limited to the public
interest in nondisclosure.
(7) The Attorney General may comply with a request of a health
professional regulatory board to be represented by independent counsel in
any proceeding under subsection (6) of this section. [1973 c.794 §6; 1975
c.308 §2; 1997 c.791 §8; 1999 c.751 §4]ORS 192.450 is equally applicable to the case of a person denied
the right to inspect or receive a copy of any public record of a public
body other than a state agency, except that in such case the district
attorney of the county in which the public body is located, or if it is
located in more than one county the district attorney of the county in
which the administrative offices of the public body are located, shall
carry out the functions of the Attorney General, and any suit filed shall
be filed in the circuit court for such county, and except that the
district attorney shall not serve as counsel for the public body, in the
cases permitted under ORS 192.450 (3), unless the district attorney
ordinarily serves as counsel for it. [1973 c.794 §7](1) The
failure of the Attorney General or district attorney to issue an order
under ORS 192.450 or 192.460 denying, granting, or denying in part and
granting in part a petition to require disclosure within seven days from
the day of receipt of the petition shall be treated as an order denying
the petition for the purpose of determining whether a person may
institute proceedings for injunctive or declaratory relief under ORS
192.450 or 192.460.
(2) The failure of an elected official to deny, grant, or deny in
part and grant in part a request to inspect or receive a copy of a public
record within seven days from the day of receipt of the request shall be
treated as a denial of the request for the purpose of determining whether
a person may institute proceedings for injunctive or declaratory relief
under ORS 192.450 or 192.460. [1975 c.308 §5] (1) A
petition to the Attorney General or district attorney requesting the
Attorney General or district attorney to order a public record to be made
available for inspection or to be produced shall be in substantially the
following form, or in a form containing the same information:
___________________________________________________________________________
___ (date)
______I (we), ____________ (name(s)), the undersigned, request the
Attorney General (or District Attorney of ______ County) to order ______
(name of governmental body) and its employees to (make available for
inspection) (produce a copy or copies of) the following records:
1.____________________
(Name or description of record)
2.____________________
(Name or description of record)
I (we) asked to inspect and/or copy these records on ______ (date)
at ______ (address). The request was denied by the following person(s):
1.____________________
(Name of public officer or employee; title or position, if known)
2.____________________
(Name of public officer or employee; title or position, if known)______________________
(Signature(s))
___________________________________________________________________________
___This form should be delivered or mailed to the Attorney General’s office
in Salem, or the district attorney’s office in the county courthouse.
(2) Promptly upon receipt of such a petition, the Attorney General
or district attorney shall notify the public body involved. The public
body shall thereupon transmit the public record disclosure of which is
sought, or a copy, to the Attorney General, together with a statement of
its reasons for believing that the public record should not be disclosed.
In an appropriate case, with the consent of the Attorney General, the
public body may instead disclose the nature or substance of the public
record to the Attorney General. [1973 c.794 §10]In any case in which a person is denied the right
to inspect or to receive a copy of a public record in the custody of an
elected official, or in the custody of any other person but as to which
an elected official claims the right to withhold disclosure, no petition
to require disclosure may be filed with the Attorney General or district
attorney, or if a petition is filed it shall not be considered by the
Attorney General or district attorney after a claim of right to withhold
disclosure by an elected official. In such case a person denied the right
to inspect or to receive a copy of a public record may institute
proceedings for injunctive or declaratory relief in the appropriate
circuit court, as specified in ORS 192.450 or 192.460, and the Attorney
General or district attorney may upon request serve or decline to serve,
in the discretion of the Attorney General or district attorney, as
counsel in such suit for an elected official for which the Attorney
General or district attorney ordinarily serves as counsel. Nothing in
this section shall preclude an elected official from requesting advice
from the Attorney General or a district attorney as to whether a public
record should be disclosed. [1973 c.794 §8](1) In any
suit filed under ORS 192.450, 192.460, 192.470 or 192.480, the court has
jurisdiction to enjoin the public body from withholding records and to
order the production of any records improperly withheld from the person
seeking disclosure. The court shall determine the matter de novo and the
burden is on the public body to sustain its action. The court, on its own
motion, may view the documents in controversy in camera before reaching a
decision. Any noncompliance with the order of the court may be punished
as contempt of court.
(2) Except as to causes the court considers of greater importance,
proceedings arising under ORS 192.450, 192.460, 192.470 or 192.480 take
precedence on the docket over all other causes and shall be assigned for
hearing and trial at the earliest practicable date and expedited in every
way.
(3) If a person seeking the right to inspect or to receive a copy
of a public record prevails in the suit, the person shall be awarded
costs and disbursements and reasonable attorney fees at trial and on
appeal. If the person prevails in part, the court may in its discretion
award the person costs and disbursements and reasonable attorney fees at
trial and on appeal, or an appropriate portion thereof. If the state
agency failed to comply with the Attorney General’s order in full and did
not issue a notice of intention to institute proceedings pursuant to ORS
192.450 (2) within seven days after issuance of the order, or did not
institute the proceedings within seven days after issuance of the notice,
the petitioner shall be awarded costs of suit at the trial level and
reasonable attorney fees regardless of which party instituted the suit
and regardless of which party prevailed therein. [1973 c.794 §9; 1975
c.308 §3; 1981 c.897 §40] A record of an agency of the
executive department as defined in ORS 174.112 that contains the
following information is a public record subject to inspection under ORS
192.420 and is not exempt from disclosure under ORS 192.501 or 192.502
except to the extent that the record discloses information about an
individual’s health or is proprietary to a person:
(1) The amounts determined by an independent actuary retained by
the agency to cover the costs of providing each of the following health
services under ORS 414.705 to 414.750 for the six months preceding the
report:
(a) Inpatient hospital services;
(b) Outpatient hospital services;
(c) Laboratory and X-ray services;
(d) Physician and other licensed practitioner services;
(e) Prescription drugs;
(f) Dental services;
(g) Vision services;
(h) Mental health services;
(i) Chemical dependency services;
(j) Durable medical equipment and supplies; and
(k) Other health services provided under a prepaid managed care
health services contract under ORS 414.725;
(2) The amounts the agency and each contractor have paid under each
prepaid managed care health services contract under ORS 414.725 for
administrative costs and the provision of each of the health services
described in subsection (1) of this section for the six months preceding
the report;
(3) Any adjustments made to the amounts reported under this section
to account for geographic or other differences in providing the health
services; and
(4) The numbers of individuals served under each prepaid managed
care health services contract, listed by category of individual. [2003
c.803 §27]Note: 192.493 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.
Notwithstanding ORS 192.501 to 192.505 and except as otherwise provided
in ORS 192.496, public records that are more than 25 years old shall be
available for inspection. [1979 c.301 §2]The following public
records are exempt from disclosure:
(1) Records less than 75 years old which contain information about
the physical or mental health or psychiatric care or treatment of a
living individual, if the public disclosure thereof would constitute an
unreasonable invasion of privacy. The party seeking disclosure shall have
the burden of showing by clear and convincing evidence that the public
interest requires disclosure in the particular instance and that public
disclosure would not constitute an unreasonable invasion of privacy.
(2) Records less than 75 years old which were sealed in compliance
with statute or by court order. Such records may be disclosed upon order
of a court of competent jurisdiction or as otherwise provided by law.
(3) Records of a person who is or has been in the custody or under
the lawful supervision of a state agency, a court or a unit of local
government, are exempt from disclosure for a period of 25 years after
termination of such custody or supervision to the extent that disclosure
thereof would interfere with the rehabilitation of the person if the
public interest in confidentiality clearly outweighs the public interest
in disclosure. Nothing in this subsection, however, shall be construed as
prohibiting disclosure of the fact that a person is in custody.
(4) Student records required by state or federal law to be exempt
from disclosure. [1979 c.301 §3] The
following public records are exempt from disclosure under ORS 192.410 to
192.505 unless the public interest requires disclosure in the particular
instance:
(1) Records of a public body pertaining to litigation to which the
public body is a party if the complaint has been filed, or if the
complaint has not been filed, if the public body shows that such
litigation is reasonably likely to occur. This exemption does not apply
to litigation which has been concluded, and nothing in this subsection
shall limit any right or opportunity granted by discovery or deposition
statutes to a party to litigation or potential litigation;
(2) Trade secrets. “Trade secrets,” as used in this section, may
include, but are not limited to, any formula, plan, pattern, process,
tool, mechanism, compound, procedure, production data, or compilation of
information which is not patented, which is known only to certain
individuals within an organization and which is used in a business it
conducts, having actual or potential commercial value, and which gives
its user an opportunity to obtain a business advantage over competitors
who do not know or use it;
(3) Investigatory information compiled for criminal law purposes.
The record of an arrest or the report of a crime shall be disclosed
unless and only for so long as there is a clear need to delay disclosure
in the course of a specific investigation, including the need to protect
the complaining party or the victim. Nothing in this subsection shall
limit any right constitutionally guaranteed, or granted by statute, to
disclosure or discovery in criminal cases. For purposes of this
subsection, the record of an arrest or the report of a crime includes,
but is not limited to:
(a) The arrested person’s name, age, residence, employment, marital
status and similar biographical information;
(b) The offense with which the arrested person is charged;
(c) The conditions of release pursuant to ORS 135.230 to 135.290;
(d) The identity of and biographical information concerning both
complaining party and victim;
(e) The identity of the investigating and arresting agency and the
length of the investigation;
(f) The circumstances of arrest, including time, place, resistance,
pursuit and weapons used; and
(g) Such information as may be necessary to enlist public
assistance in apprehending fugitives from justice;
(4) Test questions, scoring keys, and other data used to administer
a licensing examination, employment, academic or other examination or
testing procedure before the examination is given and if the examination
is to be used again. Records establishing procedures for and instructing
persons administering, grading or evaluating an examination or testing
procedure are included in this exemption, to the extent that disclosure
would create a risk that the result might be affected;
(5) Information consisting of production records, sale or purchase
records or catch records, or similar business records of a private
concern or enterprise, required by law to be submitted to or inspected by
a governmental body to allow it to determine fees or assessments payable
or to establish production quotas, and the amounts of such fees or
assessments payable or paid, to the extent that such information is in a
form which would permit identification of the individual concern or
enterprise. This exemption does not include records submitted by long
term care facilities as defined in ORS 442.015 to the state for purposes
of reimbursement of expenses or determining fees for patient care.
Nothing in this subsection shall limit the use which can be made of such
information for regulatory purposes or its admissibility in any
enforcement proceeding;
(6) Information relating to the appraisal of real estate prior to
its acquisition;
(7) The names and signatures of employees who sign authorization
cards or petitions for the purpose of requesting representation or
decertification elections;
(8) Investigatory information relating to any complaint filed under
ORS 659A.820 or 659A.825, until such time as the complaint is resolved
under ORS 659A.835, or a final order is issued under ORS 659A.850;
(9) Investigatory information relating to any complaint or charge
filed under ORS 243.676 and 663.180;
(10) Records, reports and other information received or compiled by
the Director of the Department of Consumer and Business Services under
ORS 697.732;
(11) Information concerning the location of archaeological sites or
objects as those terms are defined in ORS 358.905, except if the
governing body of an Indian tribe requests the information and the need
for the information is related to that Indian tribe’s cultural or
religious activities. This exemption does not include information
relating to a site that is all or part of an existing, commonly known and
publicized tourist facility or attraction;
(12) A personnel discipline action, or materials or documents
supporting that action;
(13) Information developed pursuant to ORS 496.004, 496.172 and
498.026 or ORS 496.192 and 564.100, regarding the habitat, location or
population of any threatened species or endangered species;
(14) Writings prepared by or under the direction of faculty of
public educational institutions, in connection with research, until
publicly released, copyrighted or patented;
(15) Computer programs developed or purchased by or for any public
body for its own use. As used in this subsection, “computer program”
means a series of instructions or statements which permit the functioning
of a computer system in a manner designed to provide storage, retrieval
and manipulation of data from such computer system, and any associated
documentation and source material that explain how to operate the
computer program. “Computer program” does not include:
(a) The original data, including but not limited to numbers, text,
voice, graphics and images;
(b) Analyses, compilations and other manipulated forms of the
original data produced by use of the program; or
(c) The mathematical and statistical formulas which would be used
if the manipulated forms of the original data were to be produced
manually;
(16) Data and information provided by participants to mediation
under ORS 36.256;
(17) Investigatory information relating to any complaint or charge
filed under ORS chapter 654, until a final administrative determination
is made or, if a citation is issued, until an employer receives notice of
any citation;
(18) Specific operational plans in connection with an anticipated
threat to individual or public safety for deployment and use of personnel
and equipment, prepared or used by a public body, if public disclosure of
the plans would endanger an individual’s life or physical safety or
jeopardize a law enforcement activity;
(19)(a) Audits or audit reports required of a telecommunications
carrier. As used in this paragraph, “audit or audit report” means any
external or internal audit or audit report pertaining to a
telecommunications carrier, as defined in ORS 133.721, or pertaining to a
corporation having an affiliated interest, as defined in ORS 759.390,
with a telecommunications carrier that is intended to make the operations
of the entity more efficient, accurate or compliant with applicable
rules, procedures or standards, that may include self-criticism and that
has been filed by the telecommunications carrier or affiliate under
compulsion of state law. “Audit or audit report” does not mean an audit
of a cost study that would be discoverable in a contested case proceeding
and that is not subject to a protective order; and
(b) Financial statements. As used in this paragraph, “financial
statement” means a financial statement of a nonregulated corporation
having an affiliated interest, as defined in ORS 759.390, with a
telecommunications carrier, as defined in ORS 133.721;
(20) The residence address of an elector if authorized under ORS
247.965 and subject to ORS 247.967;
(21) The following records, communications and information
submitted to a housing authority as defined in ORS 456.005, or to an
urban renewal agency as defined in ORS 457.010, by applicants for and
recipients of loans, grants and tax credits:
(a) Personal and corporate financial statements and information,
including tax returns;
(b) Credit reports;
(c) Project appraisals;
(d) Market studies and analyses;
(e) Articles of incorporation, partnership agreements and operating
agreements;
(f) Commitment letters;
(g) Project pro forma statements;
(h) Project cost certifications and cost data;
(i) Audits;
(j) Project tenant correspondence requested to be confidential;
(k) Tenant files relating to certification; and
(L) Housing assistance payment requests;
(22) Records or information that, if disclosed, would allow a
person to:
(a) Gain unauthorized access to buildings or other property;
(b) Identify those areas of structural or operational vulnerability
that would permit unlawful disruption to, or interference with, services;
or
(c) Disrupt, interfere with or gain unauthorized access to public
funds or to information processing, communication or telecommunication
systems, including the information contained in the systems, that are
used or operated by a public body;
(23) Records or information that would reveal or otherwise identify
security measures, or weaknesses or potential weaknesses in security
measures, taken or recommended to be taken to protect:
(a) An individual;
(b) Buildings or other property;
(c) Information processing, communication or telecommunication
systems, including the information contained in the systems; or
(d) Those operations of the Oregon State Lottery the security of
which are subject to study and evaluation under ORS 461.180 (6);
(24) Personal information held by or under the direction of
officials of the Oregon Health and Science University or the Oregon
University System about a person who has or who is interested in donating
money or property to the university, the system or a state institution of
higher education, if the information is related to the family of the
person, personal assets of the person or is incidental information not
related to the donation;
(25) The home address, professional address and telephone number of
a person who has or who is interested in donating money or property to
the Oregon University System;
(26) Records of the name and address of a person who files a report
with or pays an assessment to a commodity commission established under
ORS 576.051 to 576.455, the Oregon Beef Council created under ORS 577.210
or the Oregon Wheat Commission created under ORS 578.030;
(27) Information provided to, obtained by or used by a public body
to authorize, originate, receive or authenticate a transfer of funds,
including but not limited to a credit card number, payment card
expiration date, password, financial institution account number and
financial institution routing number;
(28) Social Security numbers as provided in ORS 107.840;
(29) The electronic mail address of a student who attends a state
institution of higher education listed in ORS 352.002 or Oregon Health
and Science University; and
(30) The name, home address, professional address or location of a
person that is engaged in, or that provides goods or services for,
medical research at Oregon Health and Science University that is
conducted using animals other than rodents. This subsection does not
apply to Oregon Health and Science University press releases, websites or
other publications circulated to the general public. [1987 c.373
§§23c,23d; 1987 c.764 §2 (enacted in lieu of 192.500); 1989 c.70 §1; 1989
c.171 §26; 1989 c.967 §§11,13; 1989 c.1083 §10; 1991 c.636 §§1,2; 1991
c.678 §§1,2; 1993 c.616 §§4,5; 1993 c.787 §§1,2; 1995 c.604 §§2,3; 1999
c.155 §3; 1999 c.169 §§1,2; 1999 c.234 §§1,2; 1999 c.291 §§21,22; 1999
c.380 §§1,2; 1999 c.1093 §§3,4; 2001 c.104 §66; 2001 c.621 §85; 2001
c.915 §1; 2003 c.217 §1; 2003 c.380 §2; 2003 c.524 §1; 2003 c.604 §98;
2003 c.674 §26; 2003 c.803 §12; 2003 c.807 §§2,3; 2005 c.203 §§1,2; 2005
c.232 §§33,34; 2005 c.455 §1]Note: The amendments to 192.501 by section 3, chapter 455, Oregon
Laws 2005, become operative January 2, 2010. See section 4, chapter 455,
Oregon Laws 2005. The text that is operative on and after January 2,
2010, is set forth for the user’s convenience.
192.501. The following public records are exempt from disclosure
under ORS 192.410 to 192.505 unless the public interest requires
disclosure in the particular instance:
(1) Records of a public body pertaining to litigation to which the
public body is a party if the complaint has been filed, or if the
complaint has not been filed, if the public body shows that such
litigation is reasonably likely to occur. This exemption does not apply
to litigation which has been concluded, and nothing in this subsection
shall limit any right or opportunity granted by discovery or deposition
statutes to a party to litigation or potential litigation;
(2) Trade secrets. “Trade secrets,” as used in this section, may
include, but are not limited to, any formula, plan, pattern, process,
tool, mechanism, compound, procedure, production data, or compilation of
information which is not patented, which is known only to certain
individuals within an organization and which is used in a business it
conducts, having actual or potential commercial value, and which gives
its user an opportunity to obtain a business advantage over competitors
who do not know or use it;
(3) Investigatory information compiled for criminal law purposes.
The record of an arrest or the report of a crime shall be disclosed
unless and only for so long as there is a clear need to delay disclosure
in the course of a specific investigation, including the need to protect
the complaining party or the victim. Nothing in this subsection shall
limit any right constitutionally guaranteed, or granted by statute, to
disclosure or discovery in criminal cases. For purposes of this
subsection, the record of an arrest or the report of a crime includes,
but is not limited to:
(a) The arrested person’s name, age, residence, employment, marital
status and similar biographical information;
(b) The offense with which the arrested person is charged;
(c) The conditions of release pursuant to ORS 135.230 to 135.290;
(d) The identity of and biographical information concerning both
complaining party and victim;
(e) The identity of the investigating and arresting agency and the
length of the investigation;
(f) The circumstances of arrest, including time, place, resistance,
pursuit and weapons used; and
(g) Such information as may be necessary to enlist public
assistance in apprehending fugitives from justice;
(4) Test questions, scoring keys, and other data used to administer
a licensing examination, employment, academic or other examination or
testing procedure before the examination is given and if the examination
is to be used again. Records establishing procedures for and instructing
persons administering, grading or evaluating an examination or testing
procedure are included in this exemption, to the extent that disclosure
would create a risk that the result might be affected;
(5) Information consisting of production records, sale or purchase
records or catch records, or similar business records of a private
concern or enterprise, required by law to be submitted to or inspected by
a governmental body to allow it to determine fees or assessments payable
or to establish production quotas, and the amounts of such fees or
assessments payable or paid, to the extent that such information is in a
form which would permit identification of the individual concern or
enterprise. This exemption does not include records submitted by long
term care facilities as defined in ORS 442.015 to the state for purposes
of reimbursement of expenses or determining fees for patient care.
Nothing in this subsection shall limit the use which can be made of such
information for regulatory purposes or its admissibility in any
enforcement proceeding;
(6) Information relating to the appraisal of real estate prior to
its acquisition;
(7) The names and signatures of employees who sign authorization
cards or petitions for the purpose of requesting representation or
decertification elections;
(8) Investigatory information relating to any complaint filed under
ORS 659A.820 or 659A.825, until such time as the complaint is resolved
under ORS 659A.835, or a final order is issued under ORS 659A.850;
(9) Investigatory information relating to any complaint or charge
filed under ORS 243.676 and 663.180;
(10) Records, reports and other information received or compiled by
the Director of the Department of Consumer and Business Services under
ORS 697.732;
(11) Information concerning the location of archaeological sites or
objects as those terms are defined in ORS 358.905, except if the
governing body of an Indian tribe requests the information and the need
for the information is related to that Indian tribe’s cultural or
religious activities. This exemption does not include information
relating to a site that is all or part of an existing, commonly known and
publicized tourist facility or attraction;
(12) A personnel discipline action, or materials or documents
supporting that action;
(13) Information developed pursuant to ORS 496.004, 496.172 and
498.026 or ORS 496.192 and 564.100, regarding the habitat, location or
population of any threatened species or endangered species;
(14) Writings prepared by or under the direction of faculty of
public educational institutions, in connection with research, until
publicly released, copyrighted or patented;
(15) Computer programs developed or purchased by or for any public
body for its own use. As used in this subsection, “computer program”
means a series of instructions or statements which permit the functioning
of a computer system in a manner designed to provide storage, retrieval
and manipulation of data from such computer system, and any associated
documentation and source material that explain how to operate the
computer program. “Computer program” does not include:
(a) The original data, including but not limited to numbers, text,
voice, graphics and images;
(b) Analyses, compilations and other manipulated forms of the
original data produced by use of the program; or
(c) The mathematical and statistical formulas which would be used
if the manipulated forms of the original data were to be produced
manually;
(16) Data and information provided by participants to mediation
under ORS 36.256;
(17) Investigatory information relating to any complaint or charge
filed under ORS chapter 654, until a final administrative determination
is made or, if a citation is issued, until an employer receives notice of
any citation;
(18) Specific operational plans in connection with an anticipated
threat to individual or public safety for deployment and use of personnel
and equipment, prepared or used by a public body, if public disclosure of
the plans would endanger an individual’s life or physical safety or
jeopardize a law enforcement activity;
(19)(a) Audits or audit reports required of a telecommunications
carrier. As used in this paragraph, “audit or audit report” means any
external or internal audit or audit report pertaining to a
telecommunications carrier, as defined in ORS 133.721, or pertaining to a
corporation having an affiliated interest, as defined in ORS 759.390,
with a telecommunications carrier that is intended to make the operations
of the entity more efficient, accurate or compliant with applicable
rules, procedures or standards, that may include self-criticism and that
has been filed by the telecommunications carrier or affiliate under
compulsion of state law. “Audit or audit report” does not mean an audit
of a cost study that would be discoverable in a contested case proceeding
and that is not subject to a protective order; and
(b) Financial statements. As used in this paragraph, “financial
statement” means a financial statement of a nonregulated corporation
having an affiliated interest, as defined in ORS 759.390, with a
telecommunications carrier, as defined in ORS 133.721;
(20) The residence address of an elector if authorized under ORS
247.965 and subject to ORS 247.967;
(21) The following records, communications and information
submitted to a housing authority as defined in ORS 456.005, or to an
urban renewal agency as defined in ORS 457.010, by applicants for and
recipients of loans, grants and tax credits:
(a) Personal and corporate financial statements and information,
including tax returns;
(b) Credit reports;
(c) Project appraisals;
(d) Market studies and analyses;
(e) Articles of incorporation, partnership agreements and operating
agreements;
(f) Commitment letters;
(g) Project pro forma statements;
(h) Project cost certifications and cost data;
(i) Audits;
(j) Project tenant correspondence requested to be confidential;
(k) Tenant files relating to certification; and
(L) Housing assistance payment requests;
(22) Records or information that, if disclosed, would allow a
person to:
(a) Gain unauthorized access to buildings or other property;
(b) Identify those areas of structural or operational vulnerability
that would permit unlawful disruption to, or interference with, services;
or
(c) Disrupt, interfere with or gain unauthorized access to public
funds or to information processing, communication or telecommunication
systems, including the information contained in the systems, that are
used or operated by a public body;
(23) Records or information that would reveal or otherwise identify
security measures, or weaknesses or potential weaknesses in security
measures, taken or recommended to be taken to protect:
(a) An individual;
(b) Buildings or other property;
(c) Information processing, communication or telecommunication
systems, including the information contained in the systems; or
(d) Those operations of the Oregon State Lottery the security of
which are subject to study and evaluation under ORS 461.180 (6);
(24) Personal information held by or under the direction of
officials of the Oregon Health and Science University or the Oregon
University System about a person who has or who is interested in donating
money or property to the university, the system or a state institution of
higher education, if the information is related to the family of the
person, personal assets of the person or is incidental information not
related to the donation;
(25) The home address, professional address and telephone number of
a person who has or who is interested in donating money or property to
the Oregon University System;
(26) Records of the name and address of a person who files a report
with or pays an assessment to a commodity commission established under
ORS 576.051 to 576.455, the Oregon Beef Council created under ORS 577.210
or the Oregon Wheat Commission created under ORS 578.030;
(27) Information provided to, obtained by or used by a public body
to authorize, originate, receive or authenticate a transfer of funds,
including but not limited to a credit card number, payment card
expiration date, password, financial institution account number and
financial institution routing number;
(28) Social Security numbers as provided in ORS 107.840; and
(29) The electronic mail address of a student who attends a state
institution of higher education listed in ORS 352.002 or Oregon Health
and Science University. The following
public records are exempt from disclosure under ORS 192.410 to 192.505:
(1) Communications within a public body or between public bodies of
an advisory nature to the extent that they cover other than purely
factual materials and are preliminary to any final agency determination
of policy or action. This exemption shall not apply unless the public
body shows that in the particular instance the public interest in
encouraging frank communication between officials and employees of public
bodies clearly outweighs the public interest in disclosure.
(2) Information of a personal nature such as but not limited to
that kept in a personal, medical or similar file, if public disclosure
would constitute an unreasonable invasion of privacy, unless the public
interest by clear and convincing evidence requires disclosure in the
particular instance. The party seeking disclosure shall have the burden
of showing that public disclosure would not constitute an unreasonable
invasion of privacy.
(3) Public body employee or volunteer addresses, Social Security
numbers, dates of birth and telephone numbers contained in personnel
records maintained by the public body that is the employer or the
recipient of volunteer services. This exemption:
(a) Does not apply to the addresses, dates of birth and telephone
numbers of employees or volunteers who are elected officials, except that
a judge or district attorney subject to election may seek to exempt the
judge’s or district attorney’s address or telephone number, or both,
under the terms of ORS 192.445;
(b) Does not apply to employees or volunteers to the extent that
the party seeking disclosure shows by clear and convincing evidence that
the public interest requires disclosure in a particular instance;
(c) Does not apply to a substitute teacher as defined in ORS
342.815 when requested by a professional education association of which
the substitute teacher may be a member; and
(d) Does not relieve a public employer of any duty under ORS
243.650 to 243.782.
(4) Information submitted to a public body in confidence and not
otherwise required by law to be submitted, where such information should
reasonably be considered confidential, the public body has obliged itself
in good faith not to disclose the information, and when the public
interest would suffer by the disclosure.
(5) Information or records of the Department of Corrections,
including the State Board of Parole and Post-Prison Supervision, to the
extent that disclosure would interfere with the rehabilitation of a
person in custody of the department or substantially prejudice or prevent
the carrying out of the functions of the department, if the public
interest in confidentiality clearly outweighs the public interest in
disclosure.
(6) Records, reports and other information received or compiled by
the Director of the Department of Consumer and Business Services in the
administration of ORS chapters 723 and 725 not otherwise required by law
to be made public, to the extent that the interests of lending
institutions, their officers, employees and customers in preserving the
confidentiality of such information outweighs the public interest in
disclosure.
(7) Reports made to or filed with the court under ORS 137.077 or
137.530.
(8) Any public records or information the disclosure of which is
prohibited by federal law or regulations.
(9) Public records or information the disclosure of which is
prohibited or restricted or otherwise made confidential or privileged
under Oregon law.
(10) Public records or information described in this section,
furnished by the public body originally compiling, preparing or receiving
them to any other public officer or public body in connection with
performance of the duties of the recipient, if the considerations
originally giving rise to the confidential or exempt nature of the public
records or information remain applicable.
(11) Records of the Energy Facility Siting Council concerning the
review or approval of security programs pursuant to ORS 469.530.
(12) Employee and retiree address, telephone number and other
nonfinancial membership records and employee financial records maintained
by the Public Employees Retirement System pursuant to ORS chapters 238
and 238A.
(13) Records submitted by private persons or businesses to the
State Treasurer or the Oregon Investment Council relating to proposed
acquisition, exchange or liquidation of public investments under ORS
chapter 293 may be treated as exempt from disclosure when and only to the
extent that disclosure of such records reasonably may be expected to
substantially limit the ability of the Oregon Investment Council to
effectively compete or negotiate for, solicit or conclude such
transactions. Records which relate to concluded transactions are not
subject to this exemption.
(14) The monthly reports prepared and submitted under ORS 293.761
and 293.766 concerning the Public Employees Retirement Fund and the
Industrial Accident Fund may be uniformly treated as exempt from
disclosure for a period of up to 90 days after the end of the calendar
quarter.
(15) Reports of unclaimed property filed by the holders of such
property to the extent permitted by ORS 98.352.
(16) The following records, communications and information
submitted to the Oregon Economic and Community Development Commission,
the Economic and Community Development Department, the State Department
of Agriculture, the Oregon Growth Account Board, the Port of Portland or
other ports, as defined in ORS 777.005, by applicants for investment
funds, loans or services including, but not limited to, those described
in ORS 285A.224:
(a) Personal financial statements.
(b) Financial statements of applicants.
(c) Customer lists.
(d) Information of an applicant pertaining to litigation to which
the applicant is a party if the complaint has been filed, or if the
complaint has not been filed, if the applicant shows that such litigation
is reasonably likely to occur; this exemption does not apply to
litigation which has been concluded, and nothing in this paragraph shall
limit any right or opportunity granted by discovery or deposition
statutes to a party to litigation or potential litigation.
(e) Production, sales and cost data.
(f) Marketing strategy information that relates to applicant’s plan
to address specific markets and applicant’s strategy regarding specific
competitors.
(17) Records, reports or returns submitted by private concerns or
enterprises required by law to be submitted to or inspected by a
governmental body to allow it to determine the amount of any transient
lodging tax payable and the amounts of such tax payable or paid, to the
extent that such information is in a form which would permit
identification of the individual concern or enterprise. Nothing in this
subsection shall limit the use which can be made of such information for
regulatory purposes or its admissibility in any enforcement proceedings.
The public body shall notify the taxpayer of the delinquency immediately
by certified mail. However, in the event that the payment or delivery of
transient lodging taxes otherwise due to a public body is delinquent by
over 60 days, the public body shall disclose, upon the request of any
person, the following information:
(a) The identity of the individual concern or enterprise that is
delinquent over 60 days in the payment or delivery of the taxes.
(b) The period for which the taxes are delinquent.
(c) The actual, or estimated, amount of the delinquency.
(18) All information supplied by a person under ORS 151.485 for the
purpose of requesting appointed counsel, and all information supplied to
the court from whatever source for the purpose of verifying the financial
eligibility of a person pursuant to ORS 151.485.
(19) Workers’ compensation claim records of the Department of
Consumer and Business Services, except in accordance with rules adopted
by the Director of the Department of Consumer and Business Services, in
any of the following circumstances:
(a) When necessary for insurers, self-insured employers and third
party claim administrators to process workers’ compensation claims.
(b) When necessary for the director, other governmental agencies of
this state or the United States to carry out their duties, functions or
powers.
(c) When the disclosure is made in such a manner that the disclosed
information cannot be used to identify any worker who is the subject of a
claim.
(d) When a worker or the worker’s representative requests review of
the worker’s claim record.
(20) Sensitive business records or financial or commercial
information of the Oregon Health and Science University that is not
customarily provided to business competitors.
(21) Records of Oregon Health and Science University regarding
candidates for the position of president of the university.
(22) The records of a library, including circulation records,
showing use of specific library material by a named person or consisting
of the name of a library patron together with the address or telephone
number, or both, of the patron.
(23) The following records, communications and information obtained
by the Housing and Community Services Department in connection with the
department’s monitoring or administration of financial assistance or of
housing or other developments:
(a) Personal and corporate financial statements and information,
including tax returns.
(b) Credit reports.
(c) Project appraisals.
(d) Market studies and analyses.
(e) Articles of incorporation, partnership agreements and operating
agreements.
(f) Commitment letters.
(g) Project pro forma statements.
(h) Project cost certifications and cost data.
(i) Audits.
(j) Project tenant correspondence.
(k) Personal information about a tenant.
(L) Housing assistance payments.
(24) Raster geographic information system (GIS) digital databases,
provided by private forestland owners or their representatives,
voluntarily and in confidence to the State Forestry Department, that is
not otherwise required by law to be submitted.
(25) Sensitive business, commercial or financial information
furnished to or developed by a public body engaged in the business of
providing electricity or electricity services, if the information is
directly related to a transaction described in ORS 261.348, or if the
information is directly related to a bid, proposal or negotiations for
the sale or purchase of electricity or electricity services, and
disclosure of the information would cause a competitive disadvantage for
the public body or its retail electricity customers. This subsection does
not apply to cost-of-service studies used in the development or review of
generally applicable rate schedules.
(26) Sensitive business, commercial or financial information
furnished to or developed by the City of Klamath Falls, acting solely in
connection with the ownership and operation of the Klamath Cogeneration
Project, if the information is directly related to a transaction
described in ORS 225.085 and disclosure of the information would cause a
competitive disadvantage for the Klamath Cogeneration Project. This
subsection does not apply to cost-of-service studies used in the
development or review of generally applicable rate schedules.
(27) Personally identifiable information about customers of a
municipal electric utility or a people’s utility district or the names,
dates of birth, driver license numbers, telephone numbers, electronic
mail addresses or Social Security numbers of customers who receive water,
sewer or storm drain services from a public body as defined in ORS
174.109. The utility or district may release personally identifiable
information about a customer, and a public body providing water, sewer or
storm drain services may release the name, date of birth, driver license
number, telephone number, electronic mail address or Social Security
number of a customer, if the customer consents in writing or
electronically, if the disclosure is necessary for the utility, district
or other public body to render services to the customer, if the
disclosure is required pursuant to a court order or if the disclosure is
otherwise required by federal or state law. The utility, district or
other public body may charge as appropriate for the costs of providing
such information. The utility, district or other public body may make
customer records available to third party credit agencies on a regular
basis in connection with the establishment and management of customer
accounts or in the event such accounts are delinquent.
(28) A record of the street and number of an employee’s address
submitted to a special district to obtain assistance in promoting an
alternative to single occupant motor vehicle transportation.
(29) Sensitive business records, capital development plans or
financial or commercial information of Oregon Corrections Enterprises
that is not customarily provided to business competitors.
(30) Documents, materials or other information submitted to the
Director of the Department of Consumer and Business Services in
confidence by a state, federal, foreign or international regulatory or
law enforcement agency or by the National Association of Insurance
Commissioners, its affiliates or subsidiaries under ORS 646.380 to
646.398, 697.005 to 697.095, 697.602 to 697.842, 705.137, 717.200 to
717.320, 717.900 or 717.905, ORS chapter 59, 722, 723, 725 or 726, the
Bank Act or the Insurance Code when:
(a) The document, material or other information is received upon
notice or with an understanding that it is confidential or privileged
under the laws of the jurisdiction that is the source of the document,
material or other information; and
(b) The director has obligated the Department of Consumer and
Business Services not to disclose the document, material or other
information.
(31) A county elections security plan developed and filed under ORS
254.074.
(32) Information about review or approval of programs relating to
the security of:
(a) Generation, storage or conveyance of:
(A) Electricity;
(B) Gas in liquefied or gaseous form;
(C) Hazardous substances as defined in ORS 453.005 (7)(a), (b) and
(d);
(D) Petroleum products;
(E) Sewage; or
(F) Water.
(b) Telecommunication systems, including cellular, wireless or
radio systems.
(c) Data transmissions by whatever means provided.
(33) The information specified in ORS 25.020 (8) if the Chief
Justice of the Supreme Court designates the information as confidential
by rule under ORS 1.002.
(34) If requested by a public safety officer as defined in ORS
181.610, the home address, home telephone number and electronic mail
address of the public safety officer. This exemption does not apply to
addresses and telephone numbers that are contained in county real
property or lien records. [1987 c.373 §23e; 1987 c.764 §3; 1987 c.898 §27
(enacted in lieu of 192.500); 1989 c.6 §17; 1989 c.925 §1; 1991 c.825 §7;
1993 c.694 §27; 1993 c.817 §1; 1995 c.79 §70; 1995 c.162 §62a; 1995 c.604
§1; 1997 c.44 §1; 1997 c.559 §1; 1997 c.825 §1; 1999 c.274 §17; 1999
c.291 §24; 1999 c.379 §1; 1999 c.666 §1; 1999 c.683 §3; 1999 c.811 §2;
1999 c.855 §4; 1999 c.955 §23; 1999 c.1059 §§12,16; 2001 c.377 §§17,18;
2001 c.915 §3; 2001 c.922 §§12,13; 2001 c.962 §§80,81; 2001 c.965
§§62,63; 2003 c.14 §§90,91; 2003 c.524 §§2,3; 2003 c.733 §§49,50; 2003
c.803 §§5,6; 2005 c.397 §1; 2005 c.561 §3; 2005 c.659 §1] If any
public record contains material which is not exempt under ORS 192.501 and
192.502, as well as material which is exempt from disclosure, the public
body shall separate the exempt and nonexempt material and make the
nonexempt material available for examination. [1987 c.764 §4 (enacted in
lieu of 192.500)]RECORDS OF INDIVIDUALS WITH DEVELOPMENTAL DISABILITY OR MENTAL ILLNESS As used in this
section and ORS 179.505 and 192.517:
(1) “Facilities” includes, but is not limited to, hospitals,
nursing homes, facilities defined in ORS 430.205, board and care homes,
homeless shelters, juvenile training schools, youth care centers,
juvenile detention centers, jails and prisons.
(2) “Individual” means:
(a) An individual with a developmental disability as defined in the
Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C.
15002) as in effect on January 1, 2003;
(b) An individual with mental illness as defined in the Protection
and Advocacy for Mentally Ill Individuals Act (42 U.S.C. 10802) as in
effect on January 1, 2003; or
(c) An individual with disabilities as described in 29 U.S.C. 794e
as in effect on January 1, 2006, other than:
(A) An inmate in a facility operated by the Department of
Corrections whose only disability is drug or alcohol addiction; and
(B) A person confined in a youth correction facility, as that term
is defined in ORS 420.005, whose only disability is drug or alcohol
addiction.
(3)(a) “Other legal representative” means a person who has been
granted or retains legal authority to exercise an individual’s power to
permit access to the individual’s records.
(b) “Other legal representative” does not include a legal guardian,
the state or a political subdivision of this state.
(4) “Records” includes, but is not limited to, reports prepared or
received by any staff of a facility rendering care or treatment, any
medical examiner’s report, autopsy report or laboratory test report
ordered by a medical examiner, reports prepared by an agency or staff
person charged with investigating reports of incidents of abuse, neglect,
injury or death occurring at the facility that describe such incidents
and the steps taken to investigate the incidents and discharge planning
records or any information to which the individual would be entitled
access, if capable. [1993 c.262 §1; 1995 c.504 §1; 2003 c.14 §92; 2003
c.803 §7; 2005 c.498 §7]Note: 192.515 and 192.517 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.(1) The system designated
to protect and advocate for the rights of individuals shall have access
to all records of:
(a) Any individual who is a client of the system if the individual
or the legal guardian or other legal representative of the individual has
authorized the system to have such access;
(b) Any individual, including an individual who has died or whose
whereabouts are unknown:
(A) If the individual by reason of the individual’s mental or
physical condition or age is unable to authorize such access;
(B) If the individual does not have a legal guardian or other legal
representative, or the state or a political subdivision of this state is
the legal guardian of the individual; and
(C) If a complaint regarding the rights or safety of the individual
has been received by the system or if, as a result of monitoring or other
activities which result from a complaint or other evidence, there is
probable cause to believe that the individual has been subject to abuse
or neglect; and
(c) Any individual who has a legal guardian or other legal
representative, who is the subject of a complaint of abuse or neglect
received by the system, or whose health and safety is believed with
probable cause to be in serious and immediate jeopardy if the legal
guardian or other legal representative:
(A) Has been contacted by the system upon receipt of the name and
address of the legal guardian or other legal representative;
(B) Has been offered assistance by the system to resolve the
situation; and
(C) Has failed or refused to act on behalf of the individual.
(2) The system shall have access to the name, address and telephone
number of any legal guardian or other legal representative of an
individual.
(3) The system that obtains access to records under this section
shall maintain the confidentiality of the records to the same extent as
is required of the provider of the services, except as provided under the
Protection and Advocacy for Mentally Ill Individuals Act (42 U.S.C.
10806) as in effect on January 1, 2003.
(4) The system shall have reasonable access to facilities,
including the residents and staff of the facilities.
(5) This section is not intended to limit or overrule the
provisions of ORS 41.675 or 441.055 (9). [1993 c.262 §2; 1995 c.504 §2;
2003 c.14 §93; 2003 c.803 §8; 2005 c.498 §8]Note: See note under 192.515.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
192.518 to 192.526, 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. [2003 c.86
§1]Note: 192.518 to 192.526 were enacted into law by the Legislative
Assembly but were not added to or made a part of ORS chapter 192 or any
series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation. As used in ORS
192.518 to 192.526:
(1) “Authorization” means a document written in plain language that
contains at least the following:
(a) A description of the information to be used or disclosed that
identifies the information in a specific and meaningful way;
(b) The name or other specific identification of the person or
persons authorized to make the requested use or disclosure;
(c) The name or other specific identification of the person or
persons to whom the covered entity may make the requested use or
disclosure;
(d) A description of each purpose of the requested use or
disclosure, including but not limited to a statement that the use or
disclosure is at the request of the individual;
(e) An expiration date or an expiration event that relates to the
individual or the purpose of the use or disclosure;
(f) The signature of the individual or personal representative of
the individual and the date;
(g) A description of the authority of the personal representative,
if applicable; and
(h) Statements adequate to place the individual on notice of the
following:
(A) The individual’s right to revoke the authorization in writing;
(B) The exceptions to the right to revoke the authorization;
(C) The ability or inability to condition treatment, payment,
enrollment or eligibility for benefits on whether the individual signs
the authorization; and
(D) The potential for information disclosed pursuant to the
authorization to be subject to redisclosure by the recipient and no
longer protected.
(2) “Covered entity” means:
(a) A state health plan;
(b) A health insurer;
(c) A health care provider that transmits any health information in
electronic form to carry out financial or administrative activities in
connection with a transaction covered by ORS 192.518 to 192.526; or
(d) A health care clearinghouse.
(3) “Health care” means care, services or supplies related to the
health of an individual.
(4) “Health care operations” includes but is not limited to:
(a) Quality assessment, accreditation, auditing and improvement
activities;
(b) Case management and care coordination;
(c) Reviewing the competence, qualifications or performance of
health care providers or health insurers;
(d) Underwriting activities;
(e) Arranging for legal services;
(f) Business planning;
(g) Customer services;
(h) Resolving internal grievances;
(i) Creating de-identified information; and
(j) Fundraising.
(5) “Health care provider” includes but is not limited to:
(a) A psychologist, occupational therapist, clinical social worker,
professional counselor or marriage and family therapist licensed under
ORS chapter 675 or an employee of the psychologist, occupational
therapist, clinical social worker, professional counselor or marriage and
family therapist;
(b) A physician, podiatric physician and surgeon, physician
assistant or acupuncturist licensed under ORS chapter 677 or an employee
of the physician, podiatric physician and surgeon, physician assistant or
acupuncturist;
(c) A nurse or nursing home administrator licensed under ORS
chapter 678 or an employee of the nurse or nursing home administrator;
(d) A dentist licensed under ORS chapter 679 or an employee of the
dentist;
(e) A dental hygienist or denturist licensed under ORS chapter 680
or an employee of the dental hygienist or denturist;
(f) A speech-language pathologist or audiologist licensed under ORS
chapter 681 or an employee of the speech-language pathologist or
audiologist;
(g) An emergency medical technician certified under ORS chapter 682;
(h) An optometrist licensed under ORS chapter 683 or an employee of
the optometrist;
(i) A chiropractic physician licensed under ORS chapter 684 or an
employee of the chiropractic physician;
(j) A naturopathic physician licensed under ORS chapter 685 or an
employee of the naturopathic physician;
(k) A massage therapist licensed under ORS 687.011 to 687.250 or an
employee of the massage therapist;
(L) A direct entry midwife licensed under ORS 687.405 to 687.495 or
an employee of the direct entry midwife;
(m) A physical therapist licensed under ORS 688.010 to 688.201 or
an employee of the physical therapist;
(n) A radiologic technologist licensed under ORS 688.405 to 688.605
or an employee of the radiologic technologist;
(o) A respiratory care practitioner licensed under ORS 688.800 to
688.840 or an employee of the respiratory care practitioner;
(p) A pharmacist licensed under ORS chapter 689 or an employee of
the pharmacist;
(q) A dietitian licensed under ORS 691.405 to 691.585 or an
employee of the dietitian;
(r) A funeral service practitioner licensed under ORS chapter 692
or an employee of the funeral service practitioner;
(s) A health care facility as defined in ORS 442.015;
(t) A home health agency as defined in ORS 443.005;
(u) A hospice program as defined in ORS 443.850;
(v) A clinical laboratory as defined in ORS 438.010;
(w) A pharmacy as defined in ORS 689.005;
(x) A diabetes self-management program as defined in ORS 743.694;
and
(y) Any other person or entity that furnishes, bills for or is paid
for health care in the normal course of business.
(6) “Health information” means any oral or written information in
any form or medium that:
(a) Is created or received by a covered entity, a public health
authority, an employer, a life insurer, a school, a university or a
health care provider that is not a covered entity; and
(b) Relates to:
(A) The past, present or future physical or mental health or
condition of an individual;
(B) The provision of health care to an individual; or
(C) The past, present or future payment for the provision of health
care to an individual.
(7) “Health insurer” means:
(a) An insurer as defined in ORS 731.106 who offers:
(A) A health benefit plan as defined in ORS 743.730;
(B) A short term health insurance policy, the duration of which
does not exceed six months including renewals;
(C) A student health insurance policy;
(D) A Medicare supplemental policy; or
(E) A dental only policy.
(b) The Oregon Medical Insurance Pool operated by the Oregon
Medical Insurance Pool Board under ORS 735.600 to 735.650.
(8) “Individually identifiable health information” means any oral
or written health information in any form or medium that is:
(a) Created or received by a covered entity, an employer or a
health care provider that is not a covered entity; and
(b) Identifiable to an individual, including demographic
information that identifies the individual, or for which there is a
reasonable basis to believe the information can be used to identify an
individual, and that relates to:
(A) The past, present or future physical or mental health or
condition of an individual;
(B) The provision of health care to an individual; or
(C) The past, present or future payment for the provision of health
care to an individual.
(9) “Payment” includes but is not limited to:
(a) Efforts to obtain premiums or reimbursement;
(b) Determining eligibility or coverage;
(c) Billing activities;
(d) Claims management;
(e) Reviewing health care to determine medical necessity;
(f) Utilization review; and
(g) Disclosures to consumer reporting agencies.
(10) “Personal representative” includes but is not limited to:
(a) A person appointed as a guardian under ORS 125.305, 419B.370,
419C.481 or 419C.555 with authority to make medical and health care
decisions;
(b) A person appointed as a health care representative under ORS
127.505 to 127.660 or a representative under ORS 127.700 to 127.737 to
make health care decisions or mental health treatment decisions;
(c) A person appointed as a personal representative under ORS
chapter 113; and
(d) A person described in ORS 192.526.
(11)(a) “Protected health information” means individually
identifiable health information that is maintained or transmitted in any
form of electronic or other medium by a covered entity.
(b) “Protected health information” does not mean individually
identifiable health information in:
(A) Education records covered by the federal Family Educational
Rights and Privacy Act (20 U.S.C. 1232g);
(B) Records described at 20 U.S.C. 1232g(a)(4)(B)(iv); or
(C) Employment records held by a covered entity in its role as
employer.
(12) “State health plan” means:
(a) The state Medicaid program;
(b) The Oregon State Children’s Health Insurance Program; or
(c) The Family Health Insurance Assistance Program established in
ORS 735.720 to 735.740.
(13) “Treatment” includes but is not limited to:
(a) The provision, coordination or management of health care; and
(b) Consultations and referrals between health care providers.
[2003 c.86 §2; 2005 c.253 §1]Note: See note under 192.518. 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 192.519 (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; or
(c) To another covered entity or any other health care provider for
the payment activities of the entity that receives that information.
[2003 c.86 §3]Note: See note under 192.518. A
health care provider or state health plan that receives an authorization
to disclose protected health information may charge:
(1) No more than $25 for copying 10 or fewer pages of written
material and no more than 25 cents per page for each additional page;
(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. [2003 c.86 §4]Note: See note under 192.518. A health care provider may use an
authorization that contains the following provisions in accordance with
ORS 192.520:
___________________________________________________________________________
___
AUTHORIZATION
TO USE AND DISCLOSE PROTECTED HEALTH INFORMATIONI authorize: _______________(Name of person/entity disclosing
information) to use and disclose a copy of the specific health
information described below regarding: _______________(Name of
individual) consisting of: (Describe information to be used/disclosed)___________________________________________________________________________
___
___________________________________________________________________________
___
___________________________________________________________________________
___
to: _______________(Name and address of recipient or recipients) for the
purpose of: (Describe each purpose of disclosure or indicate that the
disclosure is at the request of the individual)___________________________________________________________________________
___
___________________________________________________________________________
___
___________________________________________________________________________
___
If the information to be disclosed contains any of the types of records
or information listed below, additional laws relating to the use and
disclosure of the information may apply. I understand and agree that this
information will be disclosed if I place my initials in the applicable
space next to the type of information.
_____ HIV/AIDS information
_____ Mental health information
_____ Genetic testing information
_____ Drug/alcohol diagnosis, treatment, or referral information.
I understand that the information used or disclosed pursuant to this
authorization may be subject to redisclosure and no longer be protected
under federal law. However, I also understand that federal or state law
may restrict redisclosure of HIV/AIDS information, mental health
information, genetic testing information and drug/alcohol diagnosis,
treatment or referral information.PROVIDER INFORMATIONYou do not need to sign this authorization. Refusal to sign the
authorization will not adversely affect your ability to receive health
care services or reimbursement for services. The only circumstance when
refusal to sign means you will not receive health care services is if the
health care services are solely for the purpose of providing health
information to someone else and the authorization is necessary to make
that disclosure.You may revoke this authorization in writing at any time. If you revoke
your authorization, the information described above may no longer be used
or disclosed for the purposes described in this written authorization.
The only exception is when a covered entity has taken action in reliance
on the authorization or the authorization was obtained as a condition of
obtaining insurance coverage.To revoke this authorization, please send a written statement to
____________ (contact person) at ____________ (address of person/entity
disclosing information) and state that you are revoking this
authorization.SIGNATUREI have read this authorization and I understand it. Unless revoked, this
authorization expires ________ (insert either applicable date or event).By: ______________________
(individual or personal representative)Date: ____________Description of personal representative’s authority:
___________________________
___________________________________________________________________________
___ [2003 c.86 §5]Note: See note under 192.518. 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 192.520.
[2003 c.86 §6]Note: See note under 192.518.Nothing in ORS 192.519 or 192.520 may
be construed to create a new private right of action against a health
care provider or a state health plan. [2003 c.86 §7]Note: See note under 192.518. 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.370,
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. [2005 c.253 §3]Note: See note under 192.518.GENETIC PRIVACY As used in ORS
192.531 to 192.549:
(1) “Anonymous research” means scientific or medical genetic
research conducted in such a manner that any DNA sample or genetic
information used in the research is unidentified.
(2) “Blanket informed consent” means that the individual has
consented to the use of the individual’s DNA sample or health information
for any future research, but has not been provided with a description of
or consented to the use of the sample in genetic research or any specific
genetic research project.
(3) “Blood relative” means a person who is:
(a) Related by blood to an individual; and
(b) A parent, sibling, son, daughter, grandparent, grandchild,
aunt, uncle, first cousin, niece or nephew of the individual.
(4) “Clinical” means relating to or obtained through the actual
observation, diagnosis or treatment of patients and not through research.
(5) “Coded” means identifiable only through the use of a system of
encryption that links a DNA sample or genetic information to an
individual or the individual’s blood relative. A coded DNA sample or
genetic information is supplied by a repository to an investigator with a
system of encryption.
(6) “Deidentified” means lacking, or having had removed, the
identifiers or system of encryption that would make it possible for a
person to link a DNA sample or genetic information to an individual or
the individual’s blood relative, and neither the investigator nor the
repository can reconstruct the identity of the individual from whom the
sample or information was obtained. Deidentified DNA samples and genetic
information must meet the standards provided in 45 C.F.R. 164.502(d) and
164.514(a) to (c).
(7) “Disclose” means to release, publish or otherwise make known to
a third party a DNA sample or genetic information.
(8) “DNA” means deoxyribonucleic acid.
(9) “DNA sample” means any human biological specimen that is
obtained or retained for the purpose of extracting and analyzing DNA to
perform a genetic test. “DNA sample” includes DNA extracted from the
specimen.
(10) “Genetic characteristic” includes a gene, chromosome or
alteration thereof that may be tested to determine the existence or risk
of a disease, disorder, trait, propensity or syndrome, or to identify an
individual or a blood relative. “Genetic characteristic” does not include
family history or a genetically transmitted characteristic whose
existence or identity is determined other than through a genetic test.
(11) “Genetic information” means information about an individual or
the individual’s blood relatives obtained from a genetic test.
(12) “Genetic privacy statutes” means ORS 192.531 to 192.549,
659A.303 and 746.135 and the provisions of ORS 659A.300 relating to
genetic testing.
(13) “Genetic research” means research using DNA samples, genetic
testing or genetic information.
(14) “Genetic test” means a test for determining the presence or
absence of genetic characteristics in an individual or the individual’s
blood relatives, including tests of nucleic acids such as DNA, RNA and
mitochondrial DNA, chromosomes or proteins in order to diagnose or
determine a genetic characteristic.
(15) “Health care provider” has the meaning given that term in ORS
192.519.
(16) “Identifiable” means capable of being linked to the individual
or a blood relative of the individual from whom the DNA sample or genetic
information was obtained.
(17) “Identified” means having an identifier that links, or that
could readily allow the recipient to link, a DNA sample or genetic
information directly to the individual or a blood relative of the
individual from whom the sample or information was obtained.
(18) “Identifier” means data elements that directly link a DNA
sample or genetic information to the individual or a blood relative of
the individual from whom the sample or information was obtained.
Identifiers include, but are not limited to, names, telephone numbers,
electronic mail addresses, Social Security numbers, driver license
numbers and fingerprints.
(19) “Individually identifiable health information” has the meaning
given that term in ORS 192.519.
(20) “Obtain genetic information” means performing or getting the
results of a genetic test.
(21) “Person” has the meaning given in ORS 433.045.
(22) “Research” means a systematic investigation, including
research development, testing and evaluation, designed to develop or
contribute to generalized knowledge.
(23) “Retain a DNA sample” means the act of storing the DNA sample.
(24) “Retain genetic information” means making a record of the
genetic information.
(25) “Unidentified” means deidentified or not identifiable.
[Formerly 659.700; 2003 c.333 §1; 2005 c.678 §1]Note: The amendments to 192.531 by section 1, chapter 678, Oregon
Laws 2005, become operative July 1, 2006. See section 9, chapter 678,
Oregon Laws 2005. The text that is operative until July 1, 2006, is set
forth for the user’s convenience.
192.531. As used in ORS 192.531 to 192.549:
(1) “Anonymous research” means scientific or medical genetic
research conducted in such a manner that any DNA sample or genetic
information used in the research is unidentified.
(2) “Blanket informed consent” means that the individual has
consented to the use of the individual’s DNA sample or health information
for any future research, but has not been provided with a description of
or consented to the use of the sample in genetic research or any specific
genetic research project.
(3) “Blood relative” means a person who is:
(a) Related by blood to an individual; and
(b) A parent, sibling, son, daughter, grandparent, grandchild,
aunt, uncle, first cousin, niece or nephew of the individual.
(4) “Clinical” means relating to or obtained through the actual
observation, diagnosis or treatment of patients and not through research.
(5) “Coded” means identifiable only through the use of a system of
encryption that links a DNA sample or genetic information to an
individual or the individual’s blood relative. A coded DNA sample or
genetic information is supplied by a repository to an investigator with a
system of encryption.
(6) “Deidentified” means lacking, or having had removed, the
identifiers or system of encryption that would make it possible for a
person to link a DNA sample or genetic information to an individual or
the individual’s blood relative, and neither the investigator nor the
repository can reconstruct the identity of the individual from whom the
sample or information was obtained. Deidentified DNA samples and genetic
information must meet the standards provided in 45 C.F.R. 164.502(d) and
164.514(a) to (c).
(7) “Disclose” means to release, publish or otherwise make known to
a third party a DNA sample or genetic information.
(8) “DNA” means deoxyribonucleic acid.
(9) “DNA sample” means any human biological specimen that is
obtained or retained for the purpose of extracting and analyzing DNA to
perform a genetic test. “DNA sample” includes DNA extracted from the
specimen.
(10) “Genetic characteristic” includes a gene, chromosome or
alteration thereof that may be tested to determine the existence or risk
of a disease, disorder, trait, propensity or syndrome, or to identify an
individual or a blood relative. “Genetic characteristic” does not include
family history or a genetically transmitted characteristic whose
existence or identity is determined other than through a genetic test.
(11) “Genetic information” means information about an individual or
the individual’s blood relatives obtained from a genetic test.
(12) “Genetic privacy statutes” means ORS 192.531 to 192.549,
659A.303 and 746.135 and the provisions of ORS 659A.300 relating to
genetic testing.
(13) “Genetic research” means research using DNA samples, genetic
testing or genetic information.
(14) “Genetic test” means a test for determining the presence or
absence of genetic characteristics in an individual or the individual’s
blood relatives, including tests of nucleic acids such as DNA, RNA and
mitochondrial DNA, chromosomes or proteins in order to diagnose or
determine a genetic characteristic.
(15) “Identifiable” means capable of being linked to the individual
wor a blood relative of the individual from whom the DNA sample or genetic
information was obtained.
(16) “Identified” means having an identifier that links, or that
could readily allow the recipient to link, a DNA sample or genetic
information directly to the individual or a blood relative of the
individual from whom the sample or information was obtained.
(17) “Identifier” means data elements that directly link a DNA
sample or genetic information to the individual or a blood relative of
the individual from whom the sample or information was obtained.
Identifiers include, but are not limited to, names, telephone numbers,
electronic mail addresses, Social Security numbers, driver license
numbers and fingerprints.
(18) “Obtain genetic information” means performing or getting the
results of a genetic test.
(19) “Person” has the meaning given in ORS 433.045.
(20) “Research” means a systematic investigation, including
research development, testing and evaluation, designed to develop or
contribute to generalized knowledge.
(21) “Retain a DNA sample” means the act of storing the DNA sample.
(22) “Retain genetic information” means making a record of the
genetic information.
(23) “Unidentified” means deidentified or not identifiable.Note: 192.531 to 192.549 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. (1) The Legislative
Assembly finds that:
(a) The DNA molecule contains information about the probable
medical future of an individual and the individual’s blood relatives.
This information is written in a code that is rapidly being broken.
(b) Genetic information is uniquely private and personal
information that generally should not be collected, retained or disclosed
without the individual’s authorization.
(c) The improper collection, retention or disclosure of genetic
information can lead to significant harm to an individual and the
individual’s blood relatives, including stigmatization and discrimination
in areas such as employment, education, health care and insurance.
(d) An analysis of an individual’s DNA provides information not
only about the individual, but also about blood relatives of the
individual, with the potential for impacting family privacy, including
reproductive decisions.
(e) Current legal protections for medical information, tissue
samples and DNA samples are inadequate to protect genetic privacy.
(f) Laws for the collection, storage and use of identifiable DNA
samples and private genetic information obtained from those samples are
needed both to protect individual and family privacy and to permit and
encourage legitimate scientific and medical research.
(2) The purposes of the genetic privacy statutes are as follows:
(a) To define the rights of individuals whose genetic information
is collected, retained or disclosed and the rights of the individuals’
blood relatives.
(b) To define the circumstances under which an individual may be
subjected to genetic testing.
(c) To define the circumstances under which an individual’s genetic
information may be collected, retained or disclosed.
(d) To protect against discrimination by an insurer or employer
based upon an individual’s genetic characteristics.
(e) To define the circumstances under which a DNA sample or genetic
information may be used for research. [Formerly 659.705; 2003 c.333 §2]Note: See second note under 192.531. (1) A
person may not obtain genetic information from an individual, or from an
individual’s DNA sample, without first obtaining informed consent of the
individual or the individual’s representative, except:
(a) As authorized by ORS 181.085 or comparable provisions of
federal criminal law relating to the identification of persons, or for
the purpose of establishing the identity of a person in the course of an
investigation conducted by a law enforcement agency, a district attorney,
a medical examiner or the Criminal Justice Division of the Department of
Justice;
(b) For anonymous research or coded research conducted under
conditions described in ORS 192.537 (2), after notification pursuant to
ORS 192.538 or pursuant to ORS 192.547 (7)(b);
(c) As permitted by rules of the Department of Human Services for
identification of deceased individuals;
(d) As permitted by rules of the Department of Human Services for
newborn screening procedures;
(e) As authorized by statute for the purpose of establishing
paternity; or
(f) For the purpose of furnishing genetic information relating to a
decedent for medical diagnosis of blood relatives of the decedent.
(2) Except as provided in subsection (3) of this section, a
physician licensed under ORS chapter 677 shall seek the informed consent
of the individual or the individual’s representative for the purposes of
subsection (1) of this section in the manner provided by ORS 677.097.
Except as provided in subsection (3) of this section, any other licensed
health care provider or facility must seek the informed consent of the
individual or the individual’s representative for the purposes of
subsection (1) of this section in a manner substantially similar to that
provided by ORS 677.097 for physicians.
(3) A person conducting research shall seek the informed consent of
the individual or the individual’s representative for the purposes of
subsection (1) of this section in the manner provided by ORS 192.547.
(4) Except as provided in ORS 746.135 (1), any person not described
in subsection (2) or (3) of this section must seek the informed consent
of the individual or the individual’s representative for the purposes of
subsection (1) of this section in the manner provided by rules adopted by
the Department of Human Services.
(5) The Department of Human Services may not adopt rules under
subsection (1)(d) of this section that would require the providing of a
DNA sample for the purpose of obtaining complete genetic information used
to screen all newborns. [Formerly 659.710; 2003 c.333 §3; 2005 c.678 §2]Note: The amendments to 192.535 by section 2, chapter 678, Oregon
Laws 2005, become operative July 1, 2006. See section 9, chapter 678,
Oregon Laws 2005. The text that is operative until July 1, 2006, is set
forth for the user’s convenience.
192.535. (1) A person may not obtain genetic information from an
individual, or from an individual’s DNA sample, without first obtaining
informed consent of the individual or the individual’s representative,
except:
(a) As authorized by ORS 181.085 or comparable provisions of
federal criminal law relating to the identification of persons, or for
the purpose of establishing the identity of a person in the course of an
investigation conducted by a law enforcement agency, a district attorney,
a medical examiner or the Criminal Justice Division of the Department of
Justice;
(b) For anonymous research conducted after notification or with
consent pursuant to ORS 192.537 (2);
(c) As permitted by rules of the Department of Human Services for
identification of deceased individuals;
(d) As permitted by rules of the Department of Human Services for
newborn screening procedures;
(e) As authorized by statute for the purpose of establishing
paternity; or
(f) For the purpose of furnishing genetic information relating to a
decedent for medical diagnosis of blood relatives of the decedent.
(2) Except as provided in subsection (3) of this section, a
physician licensed under ORS chapter 677 shall seek the informed consent
of the individual or the individual’s representative for the purposes of
subsection (1) of this section in the manner provided by ORS 677.097.
Except as provided in subsection (3) of this section, any other licensed
health care provider or facility must seek the informed consent of the
individual or the individual’s representative for the purposes of
subsection (1) of this section in a manner substantially similar to that
provided by ORS 677.097 for physicians.
(3) A person conducting research shall seek the informed consent of
the individual or the individual’s representative for the purposes of
subsection (1) of this section in the manner provided by ORS 192.547.
(4) Except as provided in ORS 746.135 (1), any person not described
in subsection (2) or (3) of this section must seek the informed consent
of the individual or the individual’s representative for the purposes of
subsection (1) of this section in the manner provided by rules adopted by
the Department of Human Services.
(5) The Department of Human Services may not adopt rules under
subsection (1)(d) of this section that would require the providing of a
DNA sample for the purpose of obtaining complete genetic information used
to screen all newborns.Note: See second note under 192.531.(1) Subject to the provisions of
ORS 192.531 to 192.549, 659A.303 and 746.135, an individual’s genetic
information and DNA sample are private and must be protected, and an
individual has a right to the protection of that privacy. Any person
authorized by law or by an individual or an individual’s representative
to obtain, retain or use an individual’s genetic information or any DNA
sample must maintain the confidentiality of the information or sample and
protect the information or sample from unauthorized disclosure or misuse.
(2)(a) 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 only if the individual:
(A) Has granted informed consent for the specific anonymous
research or coded research project;
(B) Has granted consent for genetic research generally;
(C) Was notified in accordance with ORS 192.538 that the
individual’s biological specimen or clinical individually identifiable
health information may be used for anonymous research or coded research
and the individual did not, at the time of notification, request that the
biological specimen or clinical individually identifiable health
information not be used for anonymous research or coded research; or
(D) Was not notified, due to emergency circumstances, in accordance
with ORS 192.538 that the individual’s biological specimen or clinical
individually identifiable health information may be used for anonymous
research or coded research and the individual died before receiving the
notice.
(b) Paragraph (a) of this subsection does not apply to biological
specimens or clinical individually identifiable health information
obtained before July 29, 2005, if an institutional review board operating
under ORS 192.547 (1)(b) meets the requirements described in ORS 192.547
(7)(b).
(3) A person may not retain another individual’s genetic
information or DNA sample without first obtaining authorization from the
individual or the individual’s representative, unless:
(a) Retention is authorized by ORS 181.085 or comparable provisions
of federal criminal law relating to identification of persons, or is
necessary for the purpose of a criminal or death investigation, a
criminal or juvenile proceeding, an inquest or a child fatality review by
a county multidisciplinary child abuse team;
(b) Retention is authorized by specific court order pursuant to
rules adopted by the Chief Justice of the Supreme Court for civil actions;
(c) Retention is permitted by rules of the Department of Human
Services for identification of, or testing to benefit blood relatives of,
deceased individuals;
(d) Retention is permitted by rules of the Department of Human
Services for newborn screening procedures; or
(e) Retention is for anonymous research or coded research conducted
after notification or with consent pursuant to subsection (2) of this
section or ORS 192.538.
(4) The DNA sample of an individual from which genetic information
has been obtained shall be destroyed promptly upon the specific request
of that individual or the individual’s representative, unless:
(a) Retention is authorized by ORS 181.085 or comparable provisions
of federal criminal law relating to identification of persons, or is
necessary for the purpose of a criminal or death investigation, a
criminal or juvenile proceeding, an inquest or a child fatality review by
a county multidisciplinary child abuse team;
(b) Retention is authorized by specific court order pursuant to
rules adopted by the Chief Justice of the Supreme Court for civil
actions; or
(c) Retention is for anonymous research or coded research conducted
after notification or with consent pursuant to subsection (2) of this
section or ORS 192.538.
(5) A DNA sample from an individual that is the subject of a
research project, other than an anonymous research project, shall be
destroyed promptly upon completion of the project or withdrawal of the
individual from the project, whichever occurs first, unless the
individual or the individual’s representative directs otherwise by
informed consent.
(6) A DNA sample from an individual for insurance or employment
purposes shall be destroyed promptly after the purpose for which the
sample was obtained has been accomplished unless retention is authorized
by specific court order pursuant to rules adopted by the Chief Justice of
the Supreme Court for civil, criminal and juvenile proceedings.
(7) An individual or an individual’s representative, promptly upon
request, may inspect, request correction of and obtain genetic
information from the records of the individual.
(8) Subject to the provisions of ORS 192.531 to 192.549, and to
policies adopted by the person in possession of a DNA sample, an
individual or the individual’s representative may request that the
individual’s DNA sample be made available for additional genetic testing
for medical diagnostic purposes. If the individual is deceased and has
not designated a representative to act on behalf of the individual after
death, a request under this subsection may be made by the closest
surviving blood relative of the decedent or, if there is more than one
surviving blood relative of the same degree of relationship to the
decedent, by the majority of the surviving closest blood relatives of the
decedent.
(9) The Department of Human Services shall coordinate the
implementation of this section.
(10) Subsections (3) to (8) of this section apply only to a DNA
sample or genetic information that is coded, identified or identifiable.
(11) This section does not apply to any law, contract or other
arrangement that determines a person’s rights to compensation relating to
substances or information derived from an individual’s DNA sample.
[Formerly 659.715; 2003 c.333 §4; 2005 c.562 §21; 2005 c.678 §3]Note: The amendments to 192.537 by section 3, chapter 678, Oregon
Laws 2005, become operative July 1, 2006. See section 9, chapter 678,
Oregon Laws 2005. The text that is operative until July 1, 2006,
including amendments by section 21, chapter 562, Oregon Laws 2005, is set
forth for the user’s convenience.
192.537. (1) Subject to the provisions of ORS 192.531 to 192.549,
659A.303 and 746.135, an individual’s genetic information and DNA sample
are private and must be protected, and an individual has a right to the
protection of that privacy. Any person authorized by law or by an
individual or an individual’s representative to obtain, retain or use an
individual’s genetic information or any DNA sample must maintain the
confidentiality of the information or sample and protect the information
or sample from unauthorized disclosure or misuse.
(2)(a) A person may use an individual’s DNA sample or genetic
information for anonymous research only if the individual:
(A) Has granted informed consent for the specific anonymous
research project;
(B) Has granted consent for genetic research generally; or
(C) Was notified the sample or genetic information may be used for
anonymous research and the individual did not, at the time of
notification, request that the sample not be used for anonymous research.
(b) The Department of Human Services shall adopt rules to implement
paragraph (a) of this subsection after considering similar federal
regulations.
(3) A person may not retain another individual’s genetic
information or DNA sample without first obtaining authorization from the
individual or the individual’s representative, unless:
(a) Retention is authorized by ORS 181.085 or comparable provisions
of federal criminal law relating to identification of persons, or is
necessary for the purpose of a criminal or death investigation, a
criminal or juvenile proceeding, an inquest or a child fatality review by
a county multidisciplinary child abuse team;
(b) Retention is authorized by specific court order pursuant to
rules adopted by the Chief Justice of the Supreme Court for civil actions;
(c) Retention is permitted by rules of the Department of Human
Services for identification of, or testing to benefit blood relatives of,
deceased individuals;
(d) Retention is permitted by rules of the Department of Human
Services for newborn screening procedures; or
(e) Retention is for anonymous research conducted after
notification or with consent pursuant to subsection (2) of this section.
(4) The DNA sample of an individual from which genetic information
has been obtained shall be destroyed promptly upon the specific request
of that individual or the individual’s representative, unless:
(a) Retention is authorized by ORS 181.085 or comparable provisions
of federal criminal law relating to identification of persons, or is
necessary for the purpose of a criminal or death investigation, a
criminal or juvenile proceeding, an inquest or a child fatality review by
a county multidisciplinary child abuse team;
(b) Retention is authorized by specific court order pursuant to
rules adopted by the Chief Justice of the Supreme Court for civil
actions; or
(c) Retention is for anonymous research conducted after
notification or with consent pursuant to subsection (2) of this section.
(5) A DNA sample from an individual that is the subject of a
research project, other than an anonymous research project, shall be
destroyed promptly upon completion of the project or withdrawal of the
individual from the project, whichever occurs first, unless the
individual or the individual’s representative directs otherwise by
informed consent.
(6) A DNA sample from an individual for insurance or employment
purposes shall be destroyed promptly after the purpose for which the
sample was obtained has been accomplished unless retention is authorized
by specific court order pursuant to rules adopted by the Chief Justice of
the Supreme Court for civil, criminal and juvenile proceedings.
(7) An individual or an individual’s representative, promptly upon
request, may inspect, request correction of and obtain genetic
information from the records of the individual.
(8) Subject to the provisions of ORS 192.531 to 192.549, and to
policies adopted by the person in possession of a DNA sample, an
individual or the individual’s representative may request that the
individual’s DNA sample be made available for additional genetic testing
for medical diagnostic purposes. If the individual is deceased and has
not designated a representative to act on behalf of the individual after
death, a request under this subsection may be made by the closest
surviving blood relative of the decedent or, if there is more than one
surviving blood relative of the same degree of relationship to the
decedent, by the majority of the surviving closest blood relatives of the
decedent.
(9) The Department of Human Services shall coordinate the
implementation of this section.
(10) Subsections (3) to (8) of this section apply only to a DNA
sample or genetic information that is coded, identified or identifiable.
(11) This section does not apply to any law, contract or other
arrangement that determines a person’s rights to compensation relating to
substances or information derived from an individual’s DNA sample.Note: Section 10, chapter 333, Oregon Laws 2003, provides:
Sec. 10. Notwithstanding ORS 192.537 (2)(a)(C), a person may use an
individual’s DNA sample or genetic information for anonymous research if
the DNA sample or genetic information was obtained prior to the effective
date of this 2003 Act [June 12, 2003] and the individual was not notified
the sample or genetic information may be used for anonymous research.
[2003 c.333 §10]Note: See second note under 192.531.(1) A health care provider that is a covered entity as defined
in ORS 192.519 (2)(c) and that obtains an individual’s biological
specimen or clinical individually identifiable health information shall
notify the individual that the biological specimen or clinical
individually identifiable health information may be disclosed or retained
by the provider for anonymous research or coded research.
(2) A health care provider that is not a covered entity as defined
in ORS 192.519 (2)(c) and that obtains an individual’s biological
specimen or clinical individually identifiable health information may
notify the individual that the biological specimen or clinical
individually identifiable health information may be disclosed or retained
by the provider for anonymous research or coded research.
(3) A health care provider described in subsection (1) of this
section shall provide a notice to the individual describing how the
biological specimen or clinical individually identifiable health
information may be used and allowing the individual to request that the
specimen or information not be disclosed or retained for anonymous
research or coded research. The notice must contain a place where the
individual may mark the individual’s request that the specimen or
information not be disclosed or retained for anonymous research or coded
research before returning the notice to the health care provider.
(4) The notice described in subsection (3) of this section:
(a) Must be given no later than when the provider obtains an
individual’s biological specimen or clinical individually identifiable
health information; and
(b) May be given at the same time and in the same manner as the
notice of privacy practices required under the federal Health Insurance
Portability and Accountability Act privacy regulations, 45 C.F.R. parts
160 and 164. [2005 c.678 §5]Note: 192.538 becomes operative July 1, 2006. See section 9,
chapter 678, Oregon Laws 2005.Note: See second note under 192.531. (1)
Regardless of the manner of receipt or the source of genetic information,
including information received from an individual or a blood relative of
the individual, a person may not disclose or be compelled, by subpoena or
any other means, to disclose the identity of an individual upon whom a
genetic test has been performed or the identity of a blood relative of
the individual, or to disclose genetic information about the individual
or a blood relative of the individual in a manner that permits
identification of the individual, unless:
(a) Disclosure is authorized by ORS 181.085 or comparable
provisions of federal criminal law relating to identification of persons,
or is necessary for the purpose of a criminal or death investigation, a
criminal or juvenile proceeding, an inquest, or a child fatality review
by a county multidisciplinary child abuse team;
(b) Disclosure is required by specific court order entered pursuant
to rules adopted by the Chief Justice of the Supreme Court for civil
actions;
(c) Disclosure is authorized by statute for the purpose of
establishing paternity;
(d) Disclosure is specifically authorized by the tested individual
or the tested individual’s representative by signing a consent form
prescribed by rules of the Department of Human Services;
(e) Disclosure is for the purpose of furnishing genetic information
relating to a decedent for medical diagnosis of blood relatives of the
decedent; or
(f) Disclosure is for the purpose of identifying bodies.
(2) The prohibitions of this section apply to any redisclosure by
any person after another person has disclosed genetic information or the
identity of an individual upon whom a genetic test has been performed, or
has disclosed genetic information or the identity of a blood relative of
the individual.
(3) A release or publication is not a disclosure if:
(a) It involves a good faith belief by the person who caused the
release or publication that the person was not in violation of this
section;
(b) It is not due to willful neglect;
(c) It is corrected in the manner described in ORS 192.541 (4);
(d) The correction with respect to genetic information is completed
before the information is read or heard by a third party; and
(e) The correction with respect to DNA samples is completed before
the sample is retained or genetically tested by a third party. [Formerly
659.720; 2005 c.562 §22]Note: See second note under 192.531.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 second note under 192.531.(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 second note under 192.531. (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 second note under 192.531.(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 second note under 192.531. (1)(a) The
Department of Human Services shall adopt rules for conducting research
using DNA samples, genetic testing and genetic information. Rules
establishing minimum research standards shall conform to the Federal
Policy for the Protection of Human Subjects, 45 C.F.R. 46, that is
current at the time the rules are adopted. The rules may be changed from
time to time as may be necessary.
(b) The rules adopted by the Department of Human Services shall
address the operation and appointment of institutional review boards. The
rules shall conform to the compositional and operational standards for
such boards contained in the Federal Policy for the Protection of Human
Subjects that is current at the time the rules are adopted. The rules
must require that research conducted under paragraph (a) of this
subsection be conducted with the approval of the institutional review
board.
(c) Persons proposing to conduct anonymous research, coded research
or genetic research that is otherwise thought to be exempt from review
must obtain from an institutional review board prior to conducting such
research a determination that the proposed research is exempt from review.
(2) A person proposing to conduct research under subsection (1) of
this section, including anonymous research or coded research, must
disclose to the institutional review board the proposed use of DNA
samples, genetic testing or genetic information.
(3) The Department of Human Services shall adopt rules requiring
that all institutional review boards operating under subsection (1)(b) of
this section register with the department. The Advisory Committee on
Genetic Privacy and Research shall use the registry to educate
institutional review boards about the purposes and requirements of the
genetic privacy statutes and administrative rules relating to genetic
research.
(4) The Department of Human Services shall consult with the
Advisory Committee on Genetic Privacy and Research before adopting the
rules required under subsections (1) and (3) of this section, including
rules identifying those parts of the Federal Policy for the Protection of
Human Subjects that are applicable to this section.
(5) Genetic research in which the DNA sample or genetic information
is coded shall satisfy the following requirements:
(a)(A) The subject has granted informed consent for the specific
research project;
(B) The subject has consented to genetic research generally; or
(C) The DNA sample or genetic information is derived from a
biological specimen or from clinical individually identifiable health
information that was obtained or retained in compliance with ORS 192.537
(2).
(b) The research has been approved by an institutional review board
after disclosure by the investigator to the board of risks associated
with the coding.
(c) The code is:
(A) Not derived from individual identifiers;
(B) Kept securely and separately from the DNA samples and genetic
information; and
(C) Not accessible to the investigator unless specifically approved
by the institutional review board.
(d) Data is stored securely in password protected electronic files
or by other means with access limited to necessary personnel.
(e) The data is limited to elements required for analysis and meets
the criteria in 45 C.F.R 164.514(e) for a limited data set.
(f) The investigator is a party to the data use agreement as
provided by 45 C.F.R. 164.514(e) for limited data set recipients.
(6) Research conducted in accordance with this section is
rebuttably presumed to comply with ORS 192.535 and 192.539.
(7)(a) Notwithstanding ORS 192.535, a person may use a DNA sample
or genetic information obtained, with blanket informed consent, before
June 25, 2001, for genetic research.
(b) Notwithstanding ORS 192.535, a person may use a DNA sample or
genetic information obtained without specific informed consent and
derived from a biological specimen or clinical individually identifiable
health information for anonymous research or coded research if an
institutional review board operating under subsection (1)(b) of this
section:
(A) Waives or alters the consent requirements pursuant to the
Federal Policy for the Protection of Human Subjects; and
(B) Waives authorization pursuant to the federal Health Insurance
Portability and Accountability Act privacy regulations, 45 C.F.R. parts
160 and 164.
(c) Except as provided in subsection (5)(a) of this section or
paragraph (b) of this subsection, a person must have specific informed
consent from an individual to use a DNA sample or genetic information of
the individual obtained on or after June 25, 2001, for genetic research.
(8) Except as otherwise allowed by rule of the Department of Human
Services, if DNA samples or genetic information obtained for either
clinical or research purposes is used in research, a person may not
recontact the individual or the individual’s physician by using research
information that is identifiable or coded. The Department of Human
Services shall adopt by rule criteria for recontacting an individual or
an individual’s physician. In adopting the criteria, the department shall
consider the recommendations of national organizations such as those
created by executive order by the President of the United States and the
recommendations of the Advisory Committee on Genetic Privacy and Research.
(9) The requirements for consent to, or notification of, obtaining
a DNA sample or genetic information for genetic research are governed by
the provisions of ORS 192.531 to 192.549 and the administrative rules
that were in effect on the effective date of the institutional review
board’s most recent approval of the study. [2001 c.588 §6; 2003 c.333 §5;
2005 c.678 §6]Note: The amendments to 192.547 by section 6, chapter 678, Oregon
Laws 2005, become operative July 1, 2006. See section 9, chapter 678,
Oregon Laws 2005. The text that is operative until July 1, 2006, is set
forth for the user’s convenience.
192.547. (1)(a) The Department of Human Services shall adopt rules
for conducting research using DNA samples, genetic testing and genetic
information. Rules establishing minimum research standards shall conform
to the Federal Policy for the Protection of Human Subjects, 45 C.F.R. 46,
that is current at the time the rules are adopted. The rules may be
changed from time to time as may be necessary.
(b) The rules adopted by the Department of Human Services shall
address the operation and appointment of institutional review boards. The
rules shall conform to the compositional and operational standards for
such boards contained in the Federal Policy for the Protection of Human
Subjects that is current at the time the rules are adopted. The rules
must require that research conducted under paragraph (a) of this
subsection be conducted with the approval of the institutional review
board.
(c) Persons proposing to conduct anonymous research or genetic
research that is otherwise thought to be exempt from review must obtain
from an institutional review board prior to conducting such research a
determination that the proposed research is exempt from review.
(2) A person proposing to conduct research under subsection (1) of
this section, including anonymous research, must disclose to the
institutional review board the proposed use of DNA samples, genetic
testing or genetic information.
(3) The Department of Human Services shall adopt rules requiring
that all institutional review boards operating under subsection (1)(b) of
this section register with the department. The Advisory Committee on
Genetic Privacy and Research shall use the registry to educate
institutional review boards about the purposes and requirements of the
genetic privacy statutes and administrative rules relating to genetic
research.
(4) The Department of Human Services shall consult with the
Advisory Committee on Genetic Privacy and Research before adopting the
rules required under subsections (1) and (3) of this section, including
rules identifying those parts of the Federal Policy for the Protection of
Human Subjects that are applicable to this section.
(5) Genetic research in which the DNA sample or genetic information
is coded shall satisfy the following requirements:
(a) The subject has granted informed consent for the specific
research project or has consented to genetic research generally.
(b) The research has been approved by an institutional review board
after disclosure by the investigator to the board of risks associated
with the coding.
(c) The code is:
(A) Not derived from individual identifiers;
(B) Kept securely and separately from the DNA samples and genetic
information; and
(C) Not accessible to the investigator unless specifically approved
by the institutional review board.
(d) Data is stored securely in password protected electronic files
or by other means with access limited to necessary personnel.
(e) The data is limited to elements required for analysis and meets
the criteria in 45 C.F.R 164.514(e) for a limited data set.
(f) The investigator is a party to the data use agreement as
provided by 45 C.F.R. 164.514(e) for limited data set recipients.
(6) Research conducted in accordance with this section is
rebuttably presumed to comply with ORS 192.535 and 192.539.
(7) In cases in which informed consent is required by either ORS
192.535 or the Federal Policy for the Protection of Human Subjects,
samples collected before June 25, 2001, with blanket informed consent for
research may be used for genetic research without specific informed
consent, but samples obtained after June 25, 2001, must have specific
informed consent from the individual for genetic research.
(8) Except as otherwise allowed by rule of the Department of Human
Services, if DNA samples or genetic information obtained for either
clinical or research purposes is used in research, a person may not
recontact the individual or the individual’s physician by using research
information that is identifiable or coded. The Department of Human
Services shall adopt by rule criteria for recontacting an individual or
an individual’s physician. In adopting the criteria, the department shall
consider the recommendations of national organizations such as those
created by executive order by the President of the United States and the
recommendations of the Advisory Committee on Genetic Privacy and Research.
(9) The requirements for consent to, or notification of, obtaining
a DNA sample or genetic information for genetic research are governed by
the provisions of ORS 192.531 to 192.549 and the administrative rules
that were in effect on the effective date of the institutional review
board’s most recent approval of the study.Note: See second note under 192.531. (1) The
Advisory Committee on Genetic Privacy and Research is established
consisting of 15 members. The President of the Senate and the Speaker of
the House of Representatives shall each appoint one member and one
alternate. The Director of Human Services shall appoint one
representative and one alternate from each of the following categories:
(a) Academic institutions involved in genetic research;
(b) Physicians licensed under ORS chapter 677;
(c) Voluntary organizations involved in the development of public
policy on issues related to genetic privacy;
(d) Hospitals;
(e) The Department of Human Services;
(f) The Department of Consumer and Business Services;
(g) Health care service contractors involved in genetic and health
services research;
(h) The biosciences industry;
(i) The pharmaceutical industry;
(j) Health care consumers;
(k) Organizations advocating for privacy of medical information;
(L) Public members of institutional review boards; and
(m) Organizations or individuals promoting public education about
genetic research and genetic privacy and public involvement in
policymaking related to genetic research and genetic privacy.
(2) Organizations and individuals representing the categories
listed in subsection (1) of this section may recommend nominees for
membership on the advisory committee to the President, the Speaker and
the director.
(3) Members and alternate members of the advisory committee serve
two-year terms and may be reappointed.
(4) Members and alternate members of the advisory committee serve
at the pleasure of the appointing entity.
(5) The Department of Human Services shall provide staff for the
advisory committee.
(6) The advisory committee shall report biennially to the
Legislative Assembly in the manner provided by ORS 192.245. The report
shall include the activities and the results of any studies conducted by
the advisory committee. The advisory committee may make any
recommendations for legislative changes deemed necessary by the advisory
committee.
(7) The advisory committee shall study the use and disclosure of
genetic information and shall develop and refine a legal framework that
defines the rights of individuals whose DNA samples and genetic
information are collected, stored, analyzed and disclosed.
(8) The advisory committee shall create opportunities for public
education on the scientific, legal and ethical development within the
fields of genetic privacy and research. The advisory committee shall also
elicit public input on these matters. The advisory committee shall make
reasonable efforts to obtain public input that is representative of the
diversity of opinion on this subject. The advisory committee’s
recommendations to the Legislative Assembly shall take into consideration
public concerns and values related to these matters. [2001 c.588 §7; 2003
c.333 §6]Note: See second note under 192.531.PRIVATE FINANCIAL RECORDS As used in ORS
192.550 to 192.595:
(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. [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] (1)
Except as provided in ORS 192.557, 192.559, 192.560, 192.565, 192.570 and
192.585 or as required by ORS 25.643 and 25.646 and the Uniform
Disposition of Unclaimed Property Act, ORS 98.302 to 98.436 and 98.992:
(a) No financial institution shall provide any financial records of
any customer to a state or local agency.
(b) No state or local agency shall request or receive from a
financial institution any financial records of customers.
(2) Subsection (1) of this section shall not preclude a financial
institution, in its discretion, from initiating contact with, and
thereafter communicating with and disclosing customer financial records
to:
(a) Appropriate state or local agencies concerning any suspected
violation of the law.
(b) The office of the State Treasurer if the records relate to
state investments in commercial mortgages involving the customer. The
records and the information contained therein are public records but
shall be exempt from disclosure under ORS 192.410 to 192.505 unless the
public interest in disclosure clearly outweighs the public interest in
confidentiality. However, the following records in the office shall
remain open to public inspection:
(A) The contract or promissory note establishing a directly held
residential or commercial mortgage and information identifying collateral;
(B) Any copy the office retains of the underlying mortgage note in
which the office purchases a participation interest; and
(C) Any information showing that a directly held loan is in default.
(c) An appropriate state or local agency in connection with any
business relationship or transaction between the financial institution
and the customer, if the disclosure is made in the ordinary course of
business of the financial institution and will further the legitimate
business interests of the customer or the financial institution.
(3) Nothing in ORS 192.550 to 192.595 prohibits any of the
following:
(a) The dissemination of any financial information which is not
identified with, or identifiable as being derived from, the financial
records of a particular customer.
(b) The examination by, or disclosure to, the Department of
Consumer and Business Services of financial records which relate solely
to the exercise of its supervisory function. The scope of the
department’s supervisory function shall be determined by reference to
statutes which grant authority to examine, audit, or require reports of
financial records or financial institutions.
(c) The furnishing to the Department of Revenue of information by
the financial institution, whether acting as principal or agent, as
required by ORS 314.360.
(d) Compliance with the provisions of ORS 708A.655, 722.660 or
723.844.
(4) Notwithstanding subsection (1) of this section, a financial
institution may:
(a) Enter into an agreement with the Oregon State Bar that requires
the financial institution to make reports to the Oregon State Bar
whenever a properly payable instrument is presented for payment out of an
attorney trust account that contains insufficient funds, whether or not
the instrument is honored by the financial institution; and
(b) Submit reports to the Oregon State Bar concerning instruments
presented for payment out of an attorney trust account under a trust
account overdraft notification program established under ORS 9.132. [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](1) Upon the request of the Department of Human Services 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 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:
(a) That the person upon whom account information is sought is an
applicant for or recipient of public assistance, as described in ORS
411.010 to 411.116; and
(b) That the department has authorization from the person for
release of the account information.
(3) Any financial institution supplying account information under
ORS 192.550 to 192.557 and 411.632 shall be reimbursed for actual costs
incurred.
(4) No financial institution that supplies account information to
the department 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 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 shall seek account information under this
section only with respect to persons who are applicants for or recipients
of public assistance as described in ORS 411.010 to 411.116. [1987 c.438
§2; 1999 c.80 §69; 2003 c.73 §59] (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. [1991 c.825 §2; 1993 c.274 §2; 2001 c.962 §82] (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. [1977 c.517 §3] (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. [1977 c.517 §4;
1999 c.80 §30] (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. [1977 c.517 §5] (1)
Nothing in ORS 192.550 to 192.595 shall require a financial institution
to inquire or determine that those seeking disclosure have duly complied
with the requirements set forth in ORS 192.550 to 192.595, provided only
that the customer authorization, summons, subpoena or search warrant
served upon or delivered to a financial institution pursuant to ORS
192.560, 192.565 or 192.570 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
192.550 to 192.595, 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 192.550 to 192.595, nothing in ORS
192.550 to 192.595 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 9.132 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 192.555 (2)(a). [1977 c.517 §6;
1993 c.131 §4; 1995 c.666 §28] (1) 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. For
the purposes of this section, 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. However, in all cases in which disclosure is
sought pursuant to ORS 192.565, the reasonable period of time shall be
not less than 20 days.
(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. [1977 c.517 §7; 1985 c.797 §4; 1987
c.482 §1; 2001 c.247 §1; 2003 c.14 §94] (1)
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 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 (2) of this section. 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 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.
(2) As used in this section, “account information” means, whether
or not the financial institution has an account under a particular
customer’s name, the number of customer account items dishonored or which
created overdrafts, dollar volume of dishonored items and items which
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. [1977 c.517 §8(2),(3); 2005 c.130 §2]Financial institutions that participate
in an attorney trust account overdraft notification program established
under ORS 9.132 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. [1993 c.131 §6](1) Any customer
who suffers any ascertainable loss as a result of a willful violation of
ORS 192.550 to 192.595 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 192.550 to 192.595 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 192.550 to 192.595
must be commenced within two years after the date on which the violation
occurred.
(5) Evidence obtained in violation of ORS 192.550 to 192.595 is
inadmissible in any proceeding. [1977 c.517 §9; 1981 c.897 §41; 1995
c.696 §18]If any provision of ORS 192.550 to 192.595 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 192.550 to 192.595 which can remain in effect without
the invalid provision or application, and to this end the provisions of
ORS 192.550 to 192.595 are severable. [1977 c.517 §10]PUBLIC MEETINGS As used in ORS
192.610 to 192.690:
(1) “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.
(2) “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.
(3) “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.
(4) “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.
(5) “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. “Meeting” does not include
any on-site inspection of any project or program. “Meeting” also does not
include 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] 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 192.690 that decisions of governing bodies be arrived at
openly. [1973 c.172 §1](1) All meetings of the governing body of a public body shall be open to
the public and all persons shall be permitted to attend any meeting
except as otherwise provided by ORS 192.610 to 192.690.
(2) A quorum of a governing body may not meet in private for the
purpose of deciding on or deliberating toward a decision on any matter
except as otherwise provided by ORS 192.610 to 192.690.
(3) A governing body may not hold a meeting at any place where
discrimination on the basis of race, creed, color, sex, age, national
origin or disability is practiced. However, the fact that organizations
with restricted membership hold meetings at the place does not restrict
its use by a public body if use of the place by a restricted membership
organization is not the primary purpose of the place or its predominate
use.
(4) Meetings of the governing body of a public body shall be held
within the geographic boundaries over which the public body has
jurisdiction, or at the administrative headquarters of the public body or
at the other nearest practical location. Training sessions may be held
outside the jurisdiction as long as no deliberations toward a decision
are involved. A joint meeting of two or more governing bodies or of one
or more governing bodies and the elected officials of one or more
federally recognized Oregon Indian tribes shall be held within the
geographic boundaries over which one of the participating public bodies
or one of the Oregon Indian tribes has jurisdiction or at the nearest
practical location. Meetings may be held in locations other than those
described in this subsection in the event of an actual emergency
necessitating immediate action.
(5)(a) It is discrimination on the basis of disability for a
governing body of a public body to meet in a place inaccessible to the
disabled, or, upon request of a deaf or hard-of-hearing person, to fail
to make a good faith effort to have an interpreter for deaf or
hard-of-hearing persons provided at a regularly scheduled meeting. The
sole remedy for discrimination on the basis of disability shall be as
provided in ORS 192.680.
(b) The person requesting the interpreter shall give the governing
body at least 48 hours’ notice of the request for an interpreter, shall
provide the name of the requester, sign language preference and any other
relevant information the governing body may request.
(c) If a meeting is held upon less than 48 hours’ notice,
reasonable effort shall be made to have an interpreter present, but the
requirement for an interpreter does not apply to emergency meetings.
(d) If certification of interpreters occurs under state or federal
law, the Department of Human Services or other state or local agency
shall try to refer only certified interpreters to governing bodies for
purposes of this subsection.
(e) As used in this subsection, “good faith effort” includes, but
is not limited to, contacting the department or other state or local
agency that maintains a list of qualified interpreters and arranging for
the referral of one or more such persons to provide interpreter services.
[1973 c.172 §3; 1979 c.644 §2; 1989 c.1019 §1; 1995 c.626 §1; 2003 c.14
§95; 2005 c.663 §12](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] (1)
The governing body of a public body shall provide for the sound, video or
digital recording or the taking of written minutes of all its meetings.
Neither a full transcript nor a full recording of the meeting is
required, except as otherwise provided by law, but the written minutes or
recording must give a true reflection of the matters discussed at the
meeting and the views of the participants. All minutes or recordings
shall be available to the public within a reasonable time after the
meeting, and shall include at least the following information:
(a) All members of the governing body present;
(b) All motions, proposals, resolutions, orders, ordinances and
measures proposed and their disposition;
(c) The results of all votes and, except for public bodies
consisting of more than 25 members unless requested by a member of that
body, the vote of each member by name;
(d) The substance of any discussion on any matter; and
(e) Subject to ORS 192.410 to 192.505 relating to public records, a
reference to any document discussed at the meeting.
(2) Minutes of executive sessions shall be kept in accordance with
subsection (1) of this section. However, the minutes of a hearing held
under ORS 332.061 shall contain only the material not excluded under ORS
332.061 (2). Instead of written minutes, a record of any executive
session may be kept in the form of a sound or video tape or digital
recording, which need not be transcribed unless otherwise provided by
law. If the disclosure of certain material is inconsistent with the
purpose for which a meeting under ORS 192.660 is authorized to be held,
that material may be excluded from disclosure. However, excluded
materials are authorized to be examined privately by a court in any legal
action and the court shall determine their admissibility.
(3) A reference in minutes or a recording to a document discussed
at a meeting of a governing body of a public body does not affect the
status of the document under ORS 192.410 to 192.505.
(4) A public body may charge a person a fee under ORS 192.440 for
the preparation of a transcript from a recording. [1973 c.172 §5; 1975
c.664 §1; 1979 c.644 §4; 1999 c.59 §44; 2003 c.803 §14](1) ORS
192.610 to 192.690 do not prevent the governing body of a public body
from holding executive session during a regular, special or emergency
meeting, after the presiding officer has identified the authorization
under ORS 192.610 to 192.690 for holding the executive session.
(2) The governing body of a public body may hold an executive
session:
(a) To consider the employment of a public officer, employee, staff
member or individual agent.
(b) To consider the dismissal or disciplining of, or to hear
complaints or charges brought against, a public officer, employee, staff
member or individual agent who does not request an open hearing.
(c) To consider matters pertaining to the function of the medical
staff of a public hospital licensed pursuant to ORS 441.015 to 441.063,
441.085, 441.087 and 441.990 (3) including, but not limited to, all
clinical committees, executive, credentials, utilization review, peer
review committees and all other matters relating to medical competency in
the hospital.
(d) To conduct deliberations with persons designated by the
governing body to carry on labor negotiations.
(e) To conduct deliberations with persons designated by the
governing body to negotiate real property transactions.
(f) To consider information or records that are exempt by law from
public inspection.
(g) To consider preliminary negotiations involving matters of trade
or commerce in which the governing body is in competition with governing
bodies in other states or nations.
(h) To consult with counsel concerning the legal rights and duties
of a public body with regard to current litigation or litigation likely
to be filed.
(i) To review and evaluate the employment-related performance of
the chief executive officer of any public body, a public officer,
employee or staff member who does not request an open hearing.
(j) To carry on negotiations under ORS chapter 293 with private
persons or businesses regarding proposed acquisition, exchange or
liquidation of public investments.
(k) If the governing body is a health professional regulatory
board, to consider information obtained as part of an investigation of
licensee or applicant conduct.
(L) If the governing body is the State Landscape Architect Board,
or an advisory committee to the board, to consider information obtained
as part of an investigation of registrant or applicant conduct.
(m) To discuss information about review or approval of programs
relating to the security of any of the following:
(A) A nuclear-powered thermal power plant or nuclear installation.
(B) Transportation of radioactive material derived from or destined
for a nuclear-fueled thermal power plant or nuclear installation.
(C) Generation, storage or conveyance of:
(i) Electricity;
(ii) Gas in liquefied or gaseous form;
(iii) Hazardous substances as defined in ORS 453.005 (7)(a), (b)
and (d);
(iv) Petroleum products;
(v) Sewage; or
(vi) Water.
(D) Telecommunication systems, including cellular, wireless or
radio systems.
(E) Data transmissions by whatever means provided.
(3) Labor negotiations shall be conducted in open meetings unless
negotiators for both sides request that negotiations be conducted in
executive session. Labor negotiations conducted in executive session are
not subject to the notification requirements of ORS 192.640.
(4) Representatives of the news media shall be allowed to attend
executive sessions other than those held under subsection (2)(d) of this
section relating to labor negotiations or executive session held pursuant
to ORS 332.061 (2) but the governing body may require that specified
information be undisclosed.
(5) When a governing body convenes an executive session under
subsection (2)(h) of this section relating to conferring with counsel on
current litigation or litigation likely to be filed, the governing body
shall bar any member of the news media from attending the executive
session if the member of the news media is a party to the litigation or
is an employee, agent or contractor of a news media organization that is
a party to the litigation.
(6) No executive session may be held for the purpose of taking any
final action or making any final decision.
(7) The exception granted by subsection (2)(a) of this section does
not apply to:
(a) The filling of a vacancy in an elective office.
(b) The filling of a vacancy on any public committee, commission or
other advisory group.
(c) The consideration of general employment policies.
(d) The employment of the chief executive officer, other public
officers, employees and staff members of a public body unless:
(A) The public body has advertised the vacancy;
(B) The public body has adopted regular hiring procedures;
(C) In the case of an officer, the public has had the opportunity
to comment on the employment of the officer; and
(D) In the case of a chief executive officer, the governing body
has adopted hiring standards, criteria and policy directives in meetings
open to the public in which the public has had the opportunity to comment
on the standards, criteria and policy directives.
(8) A governing body may not use an executive session for purposes
of evaluating a chief executive officer or other officer, employee or
staff member to conduct a general evaluation of an agency goal, objective
or operation or any directive to personnel concerning agency goals,
objectives, operations or programs.
(9) Notwithstanding subsections (2) and (6) of this section and ORS
192.650:
(a) ORS 676.175 governs the public disclosure of minutes,
transcripts or recordings relating to the substance and disposition of
licensee or applicant conduct investigated by a health professional
regulatory board.
(b) ORS 671.338 governs the public disclosure of minutes,
transcripts or recordings relating to the substance and disposition of
registrant or applicant conduct investigated by the State Landscape
Architect Board or an advisory committee to the board. [1973 c.172 §6;
1975 c.664 §2; 1979 c.644 §5; 1981 c.302 §1; 1983 c.453 §1; 1985 c.657
§2; 1995 c.779 §1; 1997 c.173 §1; 1997 c.594 §1; 1997 c.791 §9; 2001
c.950 §10; 2003 c.524 §4; 2005 c.22 §134](1) Any meeting, including an executive session, of a
governing body of a public body which is held through the use of
telephone or other electronic communication shall be conducted in
accordance with ORS 192.610 to 192.690.
(2) When telephone or other electronic means of communication is
used and the meeting is not an executive session, the governing body of
the public body shall make available to the public at least one place
where the public can listen to the communication at the time it occurs by
means of speakers or other devices. The place provided may be a place
where no member of the governing body of the public body is present.
[1973 c.172 §7; 1979 c.361 §1](1) A
decision made by a governing body of a public body in violation of ORS
192.610 to 192.690 shall be voidable. The decision shall not be voided if
the governing body of the public body reinstates the decision while in
compliance with ORS 192.610 to 192.690. A decision that is reinstated is
effective from the date of its initial adoption.
(2) Any person affected by a decision of a governing body of a
public body may commence a suit in the circuit court for the county in
which the governing body ordinarily meets, for the purpose of requiring
compliance with, or the prevention of violations of ORS 192.610 to
192.690, by members of the governing body, or to determine the
applicability of ORS 192.610 to 192.690 to matters or decisions of the
governing body.
(3) Notwithstanding subsection (1) of this section, if the court
finds that the public body made a decision while in violation of ORS
192.610 to 192.690, the court shall void the decision of the governing
body if the court finds that the violation was the result of intentional
disregard of the law or willful misconduct by a quorum of the members of
the governing body, unless other equitable relief is available. The court
may order such equitable relief as it deems appropriate in the
circumstances. The court may order payment to a successful plaintiff in a
suit brought under this section of reasonable attorney fees at trial and
on appeal, by the governing body, or public body of which it is a part or
to which it reports.
(4) If the court makes a finding that a violation of ORS 192.610 to
192.690 has occurred under subsection (2) of this section and that the
violation is the result of willful misconduct by any member or members of
the governing body, that member or members shall be jointly and severally
liable to the governing body or the public body of which it is a part for
the amount paid by the body under subsection (3) of this section.
(5) Any suit brought under subsection (2) of this section must be
commenced within 60 days following the date that the decision becomes
public record.
(6) The provisions of this section shall be the exclusive remedy
for an alleged violation of ORS 192.610 to 192.690. [1973 c.172 §8; 1975
c.664 §3; 1979 c.644 §6; 1981 c.897 §42; 1983 c.453 §2; 1989 c.544 §1](1) Notwithstanding ORS 192.680, complaints of violations of ORS
192.660 alleged to have been committed by public officials may be made to
the Oregon Government Standards and Practices Commission for review and
investigation as provided by ORS 244.260 and for possible imposition of
civil penalties as provided by ORS 244.350.
(2) The commission may interview witnesses, review minutes and
other records and may obtain and consider any other information
pertaining to executive sessions of the governing body of a public body
for purposes of determining whether a violation of ORS 192.660 occurred.
Information related to an executive session conducted for a purpose
authorized by ORS 192.660 shall be made available to the Oregon
Government Standards and Practices Commission for its investigation but
shall be excluded from public disclosure.
(3) If the commission chooses not to pursue a complaint of a
violation brought under subsection (1) of this section at any time before
conclusion of a contested case hearing, the public official against whom
the complaint was brought may be entitled to reimbursement of reasonable
costs and attorney fees by the public body to which the official’s
governing body has authority to make recommendations or for which the
official’s governing body has authority to make decisions. [1993 c.743
§28](1) ORS 192.610 to
192.690 do not apply to the deliberations of the State Board of Parole
and Post-Prison Supervision, the Psychiatric Security Review Board, state
agencies conducting hearings on contested cases in accordance with the
provisions of ORS chapter 183, the review by the Workers’ Compensation
Board or the Employment Appeals Board of similar hearings on contested
cases, meetings of the state lawyers assistance committee operating under
the provisions of ORS 9.568, meetings of the personal and practice
management assistance committees operating under the provisions of ORS
9.568, the county multidisciplinary child abuse teams required to review
child abuse cases in accordance with the provisions of ORS 418.747, the
child fatality review teams required to review child fatalities in
accordance with the provisions of ORS 418.785, the peer review committees
in accordance with the provisions of ORS 441.055, mediation conducted
under ORS 36.250 to 36.270, any judicial proceeding, meetings of the
Oregon Health and Science University Board of Directors or its designated
committee regarding candidates for the position of president of the
university or regarding sensitive business, financial or commercial
matters of the university not customarily provided to competitors related
to financings, mergers, acquisitions or joint ventures or related to the
sale or other disposition of, or substantial change in use of,
significant real or personal property, or related to health system
strategies, or to Oregon Health and Science University faculty or staff
committee meetings.
(2) Because of the grave risk to public health and safety that
would be posed by misappropriation or misapplication of information
considered during such review and approval, ORS 192.610 to 192.690 shall
not apply to review and approval of security programs by the Energy
Facility Siting Council pursuant to ORS 469.530. [1973 c.172 §9; 1975
c.606 §41b; 1977 c.380 §19; 1981 c.354 §3; 1983 c.617 §4; 1987 c.850 §3;
1989 c.6 §18; 1989 c.967 §§12,14; 1991 c.451 §3; 1993 c.18 §33; 1993
c.318 §§3,4; 1995 c.36 §§1,2; 1995 c.162 §§62b,62c; 1999 c.59 §§45a,46a;
1999 c.155 §4; 1999 c.171 §§4,5; 1999 c.291 §§25,26; 2005 c.347 §5; 2005
c.562 §23] In
any suit commenced under ORS 192.680 (2), the plaintiff shall be required
to present prima facie evidence of a violation of ORS 192.610 to 192.690
before the governing body shall be required to prove that its acts in
deliberating toward a decision complied with the law. When a plaintiff
presents prima facie evidence of a violation of the open meetings law,
the burden to prove that the provisions of ORS 192.610 to 192.690 were
complied with shall be on the governing body. [1981 c.892 §97d; 1989
c.544 §3]Note: 192.695 was added to and made a part of ORS chapter 192 by
legislative action but was not added to any smaller series therein. See
Preface to Oregon Revised Statutes for further explanation. (1) No person shall
smoke or carry any lighted smoking instrument in a room where a public
meeting is being held or is to continue after a recess. For purposes of
this subsection, a public meeting is being held from the time the agenda
or meeting notice indicates the meeting is to commence regardless of the
time it actually commences.
(2) As used in this section:
(a) “Public meeting” means any regular or special public meeting or
hearing of a public body to exercise or advise in the exercise of any
power of government in buildings or rooms rented, leased or owned by the
State of Oregon or by any county, city or other political subdivision in
the state regardless of whether a quorum is present or is required.
(b) “Public body” means the state or any department, agency, board
or commission of the state or any county, city or other political
subdivision in the state.
(c) “Smoking instrument” means any cigar, cigarette, pipe or other
smoking equipment. [1973 c.168 §1; 1979 c.262 §1] As used in this
section and ORS 192.805 and 192.810:
(1) “Customer” means any person who or which is transacting or has
transacted business with a financial institution, or who or which is
using or has used the services of such an institution, or for whom or
which a financial institution has acted or is acting as a fiduciary.
(2) “Financial institution” means a financial institution or a
trust company, as those terms are 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 the financial institution.
(4) “Subpoena” means a judicial subpoena or subpoena duces tecum.
[1985 c.797 §1; 1997 c.631 §423; 2005 c.130 §3] Before
producing any documents or making any disclosures, a financial
institution may require the requesting person who caused the subpoena to
be issued to reimburse the financial institution for the reasonable costs
incurred by the financial institution in the course of compliance. These
costs shall include but are not limited to personnel costs, reproduction
costs and travel expenses. The following charges shall be considered
reasonable costs:
(1) 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.
(2) Reproduction costs, $1 per page, including copies produced by
reader and printer reproduction processes. Photographs, films and other
materials shall be reimbursed at actual cost.
(3) 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. [1985 c.797 §2; 1989 c.309 §1; 2001 c.247 §2] As used in ORS
192.820 to 192.868:
(1) “Actual address” means a residential, work or school street
address of an individual specified on the application of the individual
to be a program participant.
(2) “Address Confidentiality Program” means the program established
under ORS 192.822.
(3) “Application assistant” means an employee of or a volunteer
serving a public or private entity designated by the Attorney General
under ORS 192.854 to assist individuals with applications to participate
in the Address Confidentiality Program.
(4) “Program participant” means an individual accepted into the
Address Confidentiality Program under ORS 192.820 to 192.868.
(5) “Public body” has the meaning given that term in ORS 174.109.
(6) “Public record” has the meaning given that term in ORS 192.410.
(7) “Substitute address” means an address designated by the
Attorney General under the Address Confidentiality Program.
(8) “Victim of domestic violence” means:
(a) An individual against whom domestic violence has been
committed, as defined in ORS 135.230, 181.610, 411.117 or 657.176;
(b) An individual who has been a victim of abuse, as defined in ORS
107.705; or
(c) Any other individual designated a victim of domestic violence
by the Attorney General by rule.
(9) “Victim of a sexual offense” means:
(a) An individual against whom a sexual offense has been committed,
as described in ORS 163.305 to 163.467, 163.427, 163.466 or 163.525; or
(b) Any other individual designated by the Attorney General by rule.
(10) “Victim of stalking” means:
(a) An individual against whom stalking has been committed, as
described in ORS 163.732; or
(b) Any other individual designated by the Attorney General by
rule. [2005 c.821 §1]Note: ORS 192,820 to 192.865 become operative January 1, 2007. See
section 18, chapter 821, Oregon Laws 2005.Note: 192.820 to 192.868 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. (1)
The Address Confidentiality Program is established in the Department of
Justice to:
(a) Protect the confidentiality of the actual address of a victim
of domestic violence, a sexual offense or stalking; and
(b) Prevent assailants or potential assailants of the victim from
finding the victim through public records.
(2) The Attorney General shall designate a substitute address for a
program participant and act as the agent of the program participant for
purposes of service of all legal process in this state and receiving and
forwarding first-class, certified or registered mail.
(3) The Attorney General is not required to forward any packages or
mail other than first-class, certified or registered mail to the program
participant.
(4) The Attorney General is not required to track or otherwise
maintain records of any mail received on behalf of a program participant
unless the mail is certified or registered. [2005 c.821 §2]Note: See notes under 192.820.(1) Any of the following
individuals with the assistance of an application assistant may file an
application with the Attorney General to participate in the Address
Confidentiality Program:
(a) An adult individual.
(b) A parent or guardian acting on behalf of a minor when the minor
resides with the parent or guardian.
(c) A guardian acting on behalf of an incapacitated individual.
(2) The application must be dated, signed and verified by the
applicant and the application assistant who assisted in the preparation
of the application.
(3) The application must contain all of the following:
(a) A statement by the applicant that the applicant or the
applicant’s child or ward is a victim of domestic violence, a sexual
offense or stalking and that the applicant fears for the applicant’s
safety or the safety of the applicant’s child or ward.
(b) Evidence that the applicant or the applicant’s child or ward is
a victim of domestic violence, a sexual offense or stalking. This
evidence may include any of the following:
(A) Law enforcement, court or other federal, state or local
government records or files;
(B) Documentation from a public or private entity that provides
assistance to victims of domestic violence, a sexual offense or stalking
if the applicant or the applicant’s child or ward is an alleged victim of
domestic violence, a sexual offense or stalking;
(C) Documentation from a religious, medical or other professional
from whom the applicant has sought assistance in dealing with the alleged
domestic violence, sexual offense or stalking; or
(D) Other forms of evidence as determined by the Attorney General
by rule.
(c) A statement by the applicant that disclosure of the actual
address of the applicant would endanger the safety of the applicant or
the safety of the applicant’s child or ward.
(d) A statement by the applicant that the applicant:
(A) Resides at a location in this state that is not known by
assailants or potential assailants of the applicant or the applicant’s
child or ward; and
(B) Will not disclose the location to assailants or potential
assailants of the applicant or the applicant’s child or ward while the
applicant is a program participant.
(e) Written consent permitting the Attorney General to act as an
agent for the applicant for the service of all legal process in this
state and the receipt of first-class, certified or registered mail.
(f) The mailing address and telephone number at which the Attorney
General can contact the applicant.
(g) The actual address that the applicant requests not be disclosed
by the Attorney General that directly relates to the increased risk of
the applicant or the applicant’s child or ward as a victim of domestic
violence, sexual offense or stalking.
(h) A sworn statement by the applicant that to the best of the
applicant’s knowledge the information contained in the application is
true.
(i) A recommendation by an application assistant that the applicant
be a participant in the Address Confidentiality Program.
(4) Upon the filing of a properly completed application and upon
approval by the Attorney General, the Attorney General shall certify the
applicant as a program participant.
(5) Upon certification, the Attorney General shall issue an Address
Confidentiality Program authorization card to the program participant.
The Address Confidentiality Program authorization card is valid as long
as the program participant remains certified under the program.
(6) The term of certification shall be for a period of time
determined by the Attorney General by rule, unless prior to the end of
the period one of the following occurs:
(a) The program participant withdraws the certification by filing
with the Attorney General a request for withdrawal signed by the program
participant and acknowledged in writing by a notary public or an
application assistant; or
(b) The Attorney General cancels the certification under ORS
192.834.
(7) A program participant may renew the certification by filing an
application for renewal with the Attorney General at least 30 days prior
to expiration of the current certification. [2005 c.821 §3]Note: See notes under 192.820. (1) An applicant for
participation in the Address Confidentiality Program or a program
participant may not:
(a) Falsely attest in an initial application or an application for
renewal that disclosure of the actual address of the applicant would
endanger the safety of the applicant or the safety of the applicant’s
child or ward; or
(b) Knowingly provide false information in an initial application
or an application for renewal.
(2) If after an investigation, the Attorney General finds that a
violation of subsection (1) of this section has occurred, the Attorney
General may impose a civil penalty as provided in ORS 183.745 in an
amount not to exceed $500. [2005 c.821 §4]Note: See notes under 192.820. (1)
A program participant shall notify the Attorney General within 30 days
after the program participant has obtained a legal name change by
providing the Attorney General with a certified copy of any judgment or
order evidencing the change or any other documentation the Attorney
General considers sufficient evidence of the name change.
(2) A program participant shall notify the Attorney General of a
change in actual address or telephone number from the actual address or
telephone number listed on the application of the program participant
within 10 days after the change occurs. [2005 c.821 §5]Note: See notes under 192.820. (1) The Attorney General
shall cancel the certification of a program participant if:
(a) The Attorney General determines that the program participant
violated ORS 192.828;
(b) The Attorney General determines that the program participant
violated ORS 192.832; or
(c) Subject to ORS 192.832 (2), first class, certified or
registered mail forwarded to the program participant by the Attorney
General is returned as undeliverable.
(2) The Attorney General shall send notice of cancellation to the
program participant setting out the reasons for the cancellation and
setting out the rights and duties of the program participant.
(3) A program participant has 30 days to appeal the cancellation
decision under procedures adopted by the Attorney General by rule. A
cancellation of certification under this section is not considered an
order as defined in ORS 183.310 and is not subject to judicial review
under ORS 183.480.
(4) An individual whose certification as a program participant is
cancelled under this section shall notify persons and public bodies using
the substitute address as the address of the program participant that the
substitute address is no longer the address to be used by public bodies
as described in ORS 192.836. [2005 c.821 §6]Note: See notes under 192.820. (1)(a) A
program participant may request that public bodies use the substitute
address designated by the Attorney General as the address of the program
participant in any ongoing actions or proceedings or when creating a new
public record.
(b) A public body is not responsible for requesting that
departments, divisions, affiliates or other organizational units of the
public body or other public bodies use the substitute address designated
by the Attorney General as the address of the program participant.
(c) Unless requested by the program participant, when the actual
address of a program participant is contained in a public record that is
filed with the public body, the public body is not responsible for
modifying the public record to contain the substitute address designated
by the Attorney General.
(d) The Attorney General is not responsible for making requests
under this subsection.
(2) Except as provided in this section, when a program participant
submits a current and valid Address Confidentiality Program authorization
card to a public body, the public body shall accept the substitute
address on the authorization card as the address of the program
participant when creating a new public record. Upon the request of the
program participant, the public body shall use the substitute address on
the authorization card in any ongoing actions or proceedings.
(3) A public body may request a waiver from the requirements of the
Address Confidentiality Program by submitting a waiver request to the
Attorney General. The waiver request shall be in writing and include:
(a) An explanation of why the public body cannot meet its statutory
or administrative obligations by possessing or using the substitute
address; and
(b) An affirmation that if the Attorney General accepts the waiver,
the public body will only use the actual address of the program
participant for those statutory or administrative purposes included in
the waiver request.
(4) The Attorney General shall accept or deny a waiver request from
a public body in writing and include a statement of specific reasons for
acceptance or denial. An acceptance or denial made under this subsection
is not considered an order as defined in ORS 183.310 and is not subject
to judicial review under ORS 183.480. [2005 c.821 §7]Note: See notes under 192.820.(1) A county clerk shall use the actual address of a
program participant for voter registration purposes. Except as provided
in ORS 192.820 to 192.868, the county clerk may not disclose the actual
address.
(2) A county clerk shall use the substitute address of the program
participant for purposes of mailing a ballot to an elector under ORS
254.470.
(3) A school district shall use the actual address of a program
participant for any purpose related to admission or assignment. The
school district shall take such measures as necessary to protect the
confidentiality of the actual address of the program participant. Student
records created under ORS 326.565 and 326.580 shall use the substitute
address of the program participant.
(4) A county clerk shall accept the substitute address of the
program participant as the address of the applicant for the purpose of
issuing a marriage license under ORS 106.041. [2005 c.821 §8]Note: See notes under 192.820.Except as provided in ORS 192.820 to 192.868, a
public body that has received a request from a program participant under
ORS 192.836 may not disclose the actual address or telephone number of
the program participant. [2005 c.821 §9]Note: See notes under 192.820.(1) The Attorney General may not disclose the actual
address or telephone number of a program participant, except under the
following circumstances:
(a) Upon request by a federal, state or local law enforcement
agency or district attorney for official use only;
(b) Pursuant to a court order;
(c) Upon request by a public body for a statutory or administrative
purpose described in ORS 192.836; or
(d) Where the program participant is required to disclose the
actual address of the program participant as part of a registration for
sex offenders as required under ORS 181.598 and 181.599.
(2) A person to whom an actual address or telephone number of a
program participant has been disclosed pursuant to a court order may not
disclose the actual address or telephone number to any other person
unless permitted to do so by order of the court.
(3) The Attorney General shall notify a program participant within
one business day after the Attorney General discloses an actual address
under subsection (1)(b) or (c) of this section.
(4) Upon request by a public body, the Attorney General may verify
whether or not a person is a program participant when the verification is
for official use only. [2005 c.821 §10]Note: See notes under 192.820.(1) A
person may not attempt to obtain or obtain the actual address or
telephone number of a program participant from the Attorney General or a
public body through fraud or misrepresentation.
(2) Except as provided in ORS 192.820 to 192.868 or federal law, an
employee of a public body may not intentionally disclose the actual
address or telephone number of a program participant to a person known to
the employee to be prohibited from receiving the actual address or
telephone number of the program participant. This subsection applies only
when an employee obtains the actual address or telephone number of the
program participant during the performance of the official duties of the
employee and, at the time of disclosure, the employee has specific
knowledge that the actual address or telephone number disclosed belongs
to a program participant. [2005 c.821 §11]Note: See notes under 192.820.(1) The Attorney General may designate employees of or volunteers
serving public or private entities that provide counseling and shelter
services to victims of domestic violence, sexual offense or stalking as
application assistants to assist individuals applying to participate in
the Address Confidentiality Program.
(2) Any assistance rendered to applicants for participation in the
Address Confidentiality Program by the Attorney General or an application
assistant is not considered legal advice. [2005 c.821 §12]Note: See notes under 192.820.
Notwithstanding any other law and the Oregon Rules of Civil Procedure,
whenever a program participant has the right or is required to do some
act or take some proceedings within a prescribed period of 10 days or
less after the service of a notice or other paper upon the program
participant and the notice or paper is served by mail pursuant to ORS
192.820 to 192.868, five days shall be added to the prescribed period.
[2005 c.821 §13]Note: See notes under 192.820. The Attorney General shall
disclose in writing to a program participant prior to certification:
(1) The rights and obligations of the program participant under ORS
192.820 to 192.868; and
(2) The term of certification as determined by the Attorney General
under ORS 192.826. [2005 c.821 §14]Note: See notes under 192.820. The Attorney General may adopt rules the Attorney
General considers necessary to carry out the provisions of ORS 192.820 to
192.868. [2005 c.821 §15]Note: See notes under 192.820.Violation of ORS 192.852 is a Class C
misdemeanor. [2005 c.821 §16]Note: See notes under 192.820. (1) The Department of Justice
may seek, solicit, receive and administer monetary grants, donations and
gifts to establish and operate the Address Confidentiality Program.
(2) All moneys received by the department under subsection (1) of
this section shall be deposited in the Department of Justice Operating
Account created in ORS 180.180. Amounts deposited under this section are
continuously appropriated to the department to carry out the provisions
of ORS 192.820 to 192.868. [2005 c.821 §17]Note: See second note under 192.820.PENALTIESViolation of ORS 192.710 (1) is a violation
punishable by a fine of $10. [1973 c.168 §2]
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