Oregon Statutes - Chapter 192 - Records; Public Reports and Meetings

192.001 Policy concerning public records.
(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...
192.005 Definitions for ORS 192.005 to 192.170.
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...
192.010 [Repealed by 1973 c.794 §34]
192.015 Secretary of State as public records administrator.
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...
192.020 [Repealed by 1973 c.794 §34]
192.030 [Amended by 1961 c.160 §4; repealed by 1973 c.794 §34]
192.040 Making, filing and recording records by photocopying.
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...
192.050 Copying records; evidentiary effect.
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...
192.060 Indexing and filing copied records.
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...
192.070 Duplicate rolls of microfilm required; delivery to State Archivist.
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...
192.072 State Archivist performing microfilm services for public body.
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...
192.074 [1955 c.87 §2; repealed by 1961 c.172 §7]
192.076 [1955 c.87 §3; repealed by 1961 c.172 §7]
192.080 [Amended by 1961 c.160 §9; repealed by 1971 c.508 §4]
192.090 [Repealed by 1961 c.160 §24]
192.100 [Repealed by 1961 c.160 §24]
192.105 State Archivist authorization for state officials to dispose of records; legislative records excepted; local government policy on disposing of public records; limitations; records officer; standards for State Records Center.
(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...
192.110 [Amended by 1961 c.160 §11; repealed by 1971 c.508 §4]
192.120 [Repealed by 1971 c.508 §4]
192.130 Disposition of valueless records in custody of State Archivist; notice prior to disposition.
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...
192.140 [Amended by 1961 c.160 §13; repealed by 1977 c.146 §2]
192.150 [Amended by 1961 c.160 §14; repealed by 1977 c.146 §2]
192.160 [Amended by 1961 c.160 §15; repealed by 1977 c.146 §2]
192.170 Disposition of materials without authorization.
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...
192.190 Consular corps credentials as public records; duties of Secretary of State; fees.
(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...
192.210 Definitions for ORS 192.210 and 192.220.
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...
192.220 Standardized report forms; exemptions.
(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...
192.230 Definitions for ORS 192.235 to 192.245.
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...
192.235 Policy for ORS 192.230 to 192.250.
(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...
192.240 Duties of state agency issuing report.
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...
192.243 Availability of report on Internet; rules.
(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...
192.245 Form of report to legislature.
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...
192.250 Director of Oregon Department of Administrative Services to report to legislature on ORS 192.230 to 192.250.
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...
192.270 Definitions for ORS 192.270 and 192.275.
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...
192.275 Notice when report required; content; effect.
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,...
192.310 Records and reports required by law to be 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...
192.410 Definitions for ORS 192.410 to 192.505.
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...
192.420 Right to inspect public records; notice to public body attorney.
(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...
192.423 Condensation of public record subject to disclosure; petition to review denial of right to inspect public record; adequacy of condensation.
(1) When a public record is subject to disclosure under ORS 192.502 (9)(b), in lieu of making the public record available for inspection by providing...
192.430 Functions of custodian of public records; rules.
(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...
192.440 Copies or inspection of public records; written response by public body; fees; waiver or reduction; procedure for records requests.
(1) The custodian of any public record that a person has a right to inspect shall give the person, upon request: (a) A copy of...
192.445 Nondisclosure on request of home address, home telephone number and electronic mail address; rules of procedure; duration of effect of request; liability; when not applicable.
(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...
192.447 Nondisclosure of public employee identification badge or card.
(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...
192.450 Petition to review denial of right to inspect state public record; appeal from decision of Attorney General denying inspection; records of health professional regulatory boards.
(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...
192.460 Procedure to review denial of right to inspect other public records; effect of disclosure.
(1) ORS 192.450 applies to the case of a person denied the right to inspect or to receive a copy of any public record of...
192.465 Effect of failure of Attorney General, district attorney or public official to take timely action on inspection petition.
(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...
192.470 Petition form; procedure when petition received.
(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...
192.480 Procedure to review denial by elected official of right to inspect public records.
In any case in which a person is denied the right to inspect or to receive a copy of a public record in the custody...
192.490 Court authority in reviewing action denying right to inspect public records; docketing; costs and attorney fees.
(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...
192.493 Health services costs.
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...
192.495 Inspection of records more than 25 years old.
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...
192.496 Medical records; sealed records; records of individual in custody or under supervision; student records.
The following public records are exempt from disclosure: (1) Records less than 75 years old which contain information about the physical or mental health or...
192.500 [1973 c.794 §11; 1975 c.308 §1; 1975 c.582 §150; 1975 c.606 §41a; 1977 c.107 §1; 1977 c.587 §1; 1977 c.793 §5a; 1979 c.190 §400; 1981 c.107 §1; 1981 c.139 §8; 1981 c.187 §1; 1981 c.892 §92; 1981 c.905 §7; 1983 c.17 §29; 1983 c.198 §1; 1983 c.338 §902; 1983 c.617 §3; 1983 c.620 §12; 1983 c.703 §8; 1983 c.709 §42; 1983 c.717 §30; 1983 c.740 §46; 1983 c.830 §9; 1985 c.413 §1; 1985 c.602 §13; 1985 c.657 §1; 1985 c.762 §179a; 1985 c.813 §1; 1987 c.94 §100; 1987 c.109 §3; 1987 c.320 §145; 1987 c.373 §23; 1987 c.520 §12; 1987 c.610 §24; 1987 c.731 §2; 1987 c.839 §1; 1987 c.898 §26; repealed by 1987 c.764 §1 (192.501, 192.502 and 192.505 enacted in lieu of 192.500)]
192.501 Public records conditionally exempt from disclosure.
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...
192.502 Other public records exempt from disclosure.
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...
192.503 [1993 c.224 §3; repealed by 1997 c.678 §15]
192.505 Exempt and nonexempt public record to be separated.
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...
192.515 Definitions for ORS 192.515 and 192.517.
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...
192.517 Access to records of individual with disability or individual with mental illness.
(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...
192.518 Policy for protected health information.
(1) It is the policy of the State of Oregon that an individual has: (a) The right to have protected health information of the individual...
192.519 Definitions for ORS 192.518 to 192.529.
As used in ORS 192.518 to 192.529: (1) �Authorization� means a document written in plain language that contains at least the following: (a) A description...
192.520 Health care provider and state health plan authority.
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...
192.521 Health care provider and state health plan charges.
A health care provider or state health plan that receives an authorization to disclose protected health information may charge: (1)(a) No more than $30 for...
192.522 Authorization form.
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...
192.523 Confidentiality; use and disclosure.
A health care provider or a state health plan does not breach a confidential relationship with an individual if the health care provider or state...
192.524 No right of action.
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...
192.525 [1977 c.812 §1; 1997 c.635 §1; 1999 c.537 §2; 2001 c.104 §67; repealed by 2003 c.86 §8]
192.526 Personal representative of deceased individual.
If no person has been appointed as a personal representative under ORS chapter 113 or a person appointed as a personal representative under ORS chapter...
192.527 Allowed disclosure of protected health information by state health plan or prepaid managed care health services organization.
(1) Notwithstanding ORS 179.505, a state health plan or a prepaid managed care health services organization may disclose the protected health information of an individual...
192.528 Notice to individual of information that may be disclosed under ORS 192.527.
Upon an individual�s enrollment in a state health plan or a prepaid managed care health services organization, the plan or organization shall disclose to the...
192.529 Allowed retention or disclosure of genetic information.
(1) Notwithstanding ORS 192.537 (3), a health care provider may retain genetic information of an individual without obtaining an authorization from the individual or a...
192.530 [1977 c.812 §2; 1995 c.79 §71; repealed by 2003 c.86 §8]
192.531 Definitions for ORS 192.531 to 192.549.
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...
192.533 Legislative findings; purposes.
(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....
192.535 Informed consent for obtaining genetic information.
(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...
192.537 Individual�s rights in genetic information; retention of information; destruction of information.
(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...
192.538 Notice by health care provider regarding anonymous or coded research.
(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...
192.539 Disclosure of genetic information; exceptions.
(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...
192.540 Use of deceased individual�s DNA sample or genetic information for research.
Notwithstanding ORS 192.535 and 192.537 (2), a person may use an individual�s DNA sample or genetic information that is derived from a biological specimen or...
192.541 Private right of action; remedies; affirmative defense; attorney fees.
(1) An individual or an individual�s blood relative, representative or estate may bring a civil action against any person who violates ORS 192.535, 192.537, 192.539...
192.543 Criminal penalty.
(1) A person commits the crime of unlawfully obtaining, retaining or disclosing genetic information if the person knowingly, recklessly or with criminal negligence, as those...
192.545 Enforcement; Attorney General or district attorney; intervention.
(1) The Attorney General or a district attorney may bring an action against a person who violates ORS 192.535, 192.537, 192.539 or 192.547. In addition...
192.547 Department of Human Services rules; procedures.
(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...
192.549 Advisory Committee on Genetic Privacy and Research.
(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...
192.550 Definitions for ORS 192.550 to 192.595.
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...
192.555 Disclosure of financial records prohibited; exceptions.
(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...
192.557 Disclosure to Department of Human Services; procedure; limitations.
(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...
192.559 Disclosure to state court; procedure; limitations.
(1) Upon the request of a state court and the receipt of the certification required under subsection (2) of this section, a financial institution shall...
192.560 Authorization by customer for disclosure.
(1) A financial institution may disclose financial records of a customer to a state or local agency, and such an agency may request and receive...
192.565 Disclosure under summons or subpoena; procedure.
(1) A financial institution may disclose financial records of a customer to a state or local agency, and a state or local agency may request...
192.570 Disclosure under search warrant.
(1) A financial institution may disclose financial records of a customer to a state or local agency, and a state or local agency may request...
192.575 Liability of financial institution for disclosure.
(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...
192.580 Time for compliance; reimbursement; exceptions.
(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...
192.585 Procedure for disclosure to law enforcement agency.
(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...
192.587 Charges for participation in attorney trust account overdraft notification program.
Financial institutions that participate in an attorney trust account overdraft notification program established under ORS 9.132 may charge attorneys or law firms who have trust...
192.590 Civil liability for violation of ORS 192.550 to 192.595; attorney fees; status of evidence obtained in violation.
(1) Any customer who suffers any ascertainable loss as a result of a willful violation of ORS 192.550 to 192.595 by any person, may bring...
192.595 Severability.
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...
192.610 Definitions for ORS 192.610 to 192.690.
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...
192.620 Policy.
The Oregon form of government requires an informed public aware of the deliberations and decisions of governing bodies and the information upon which such decisions...
192.630 Meetings of governing body to be open to public; location of meetings; accommodation for person with disability; interpreters.
(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...
192.640 Public notice required; special notice for executive sessions, special or emergency meetings.
(1) The governing body of a public body shall provide for and give public notice, reasonably calculated to give actual notice to interested persons including...
192.650 Recording or written minutes required; content; fees.
(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...
192.660 Executive sessions permitted on certain matters; procedures; news media representatives� attendance; limits.
(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...
192.670 Meetings by means of telephonic or electronic communication.
(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...
192.680 Enforcement of ORS 192.610 to 192.690; effect of violation on validity of decision of governing body; liability of members.
(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...
192.685 Additional enforcement of alleged violations of ORS 192.660.
(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...
192.690 Exceptions to ORS 192.610 to 192.690.
(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,...
192.695 Prima facie evidence of violation required of plaintiff.
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...
192.710 Smoking in public meetings prohibited.
(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...
192.800 Definitions for ORS 192.800 to 192.810.
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...
192.805 Reimbursement required prior to disclosure; charges.
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...
192.810 Applicability of ORS 192.805.
ORS 192.805 does not apply to any subpoena issued by or on behalf of a state agency or local agency subject to the provisions of...
192.820 Definitions for ORS 192.820 to 192.868.
As used in ORS 192.820 to 192.868: (1) �Actual address� means: (a) A residential, work or school street address of an individual specified on the...
192.822 Address Confidentiality Program; substitute addresses.
(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...
192.825 [1997 c.566 §1; 2001 c.535 §31; repealed by 2005 c.118 §1]
192.826 Application for participation in program; certification of participation; authorization card; rules.
(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...
192.828 Prohibitions; civil penalty.
(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...
192.830 [1997 c.566 §2; 2001 c.535 §32; repealed by 2005 c.118 §1]
192.832 Notice of change in name, address or telephone number.
(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...
192.834 Cancellation of certification.
(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;...
192.835 [1997 c.566 §3; 1999 c.59 §48; 1999 c.718 §1; 2001 c.535 §33; repealed by 2005 c.118 §1]
192.836 Use of substitute address; waiver of requirement.
(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...
192.840 [1997 c.566 §4; repealed by 2001 c.535 §36]
192.842 Use of actual or substitute address in specified circumstances.
(1) A county clerk or other elections official shall use the actual address of a program participant for voter registration purposes. Except as provided in...
192.844 Prohibition on disclosure of actual address or telephone number by public body.
(1) Except as provided in ORS 192.820 to 192.868, a public body that receives a request from a program participant under ORS 192.836 may not...
192.845 [1997 c.566 §5; 1999 c.718 §2; repealed by 2005 c.118 §1]
192.846 Records of Department of Transportation; substitute address.
(1) A program participant may request that any driver or vehicle record kept by the Department of Transportation that contains or is required to contain...
192.848 When Attorney General may disclose actual address or telephone number.
(1) The Attorney General may not disclose the actual address or telephone number of a program participant, except under either of the following circumstances: (a)...
192.850 [1997 c.566 §6; 2001 c.535 §34; repealed by 2005 c.118 §1]
192.852 Prohibition on obtaining actual address or telephone number; prohibition on disclosure by employee of public body.
(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...
192.854 Application assistants; application assistance not legal advice.
(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...
192.855 [1997 c.566 §7; repealed by 2001 c.535 §36]
192.856 Additional response time for notice or other paper.
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...
192.858 Disclosures to participants.
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...
192.860 Rules.
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:...
192.865 Criminal penalty.
Violation of ORS 192.852 is a Class C misdemeanor. [2005 c.821 §16] Note: See second note under 192.820.
192.868 Grants, donations and gifts.
(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)...
192.990 Penalties.
Violation of ORS 192.710 (1) is a violation punishable by a fine of $10. [1973 c.168 §2] _______________

Last modified: August 7, 2008