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Chapter 192 — Records; Public Reports and Meetings

 

2005 EDITION

 

 

RECORDS; REPORTS AND MEETINGS

 

MISCELLANEOUS MATTERS

 

PUBLIC RECORDS POLICY

 

192.001     Policy concerning public records

 

ARCHIVING OF PUBLIC RECORDS

 

192.005     Definitions for ORS 192.005 to 192.170

 

192.015     Secretary of State as public records administrator

 

192.040     Making, filing and recording records by photocopying

 

192.050     Copying records; evidentiary effect

 

192.060     Indexing and filing copied records

 

192.070     Duplicate rolls of microfilm required; delivery to State Archivist

 

192.072     State Archivist performing microfilm services for public body

 

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

 

192.130     Disposition of valueless records in custody of State Archivist; notice prior to disposition

 

192.170     Disposition of materials without authorization

 

192.190     Consular corps credentials as public records; duties of Secretary of State; fees

 

PUBLIC REPORTS

 

(Standardized Form)

 

192.210     Definitions for ORS 192.210 and 192.220

 

192.220     Standardized report forms; exemptions

(Policy; Compliance)

 

192.230     Definitions for ORS 192.235 to 192.245

 

192.235     Policy for ORS 192.230 to 192.250

 

192.240     Duties of state agency issuing report

 

192.243     Availability of report on Internet; rules

 

192.245     Form of report to legislature

 

192.250     Director of Oregon Department of Administrative Services to report to legislature on ORS 192.230 to 192.250

 

(Distribution)

 

192.270     Definitions for ORS 192.270 and 192.275

 

192.275     Notice when report required; content; effect

 

RECORDS AND REPORTS IN ENGLISH

 

192.310     Records and reports required by law to be in English

INSPECTION OF PUBLIC RECORDS

 

192.410     Definitions for ORS 192.410 to 192.505

 

192.420     Right to inspect public records; notice to public body attorney

 

192.430     Functions of custodian of public records; rules

 

192.440     Certified copies of public records; fees; waiver or reduction

 

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

 

192.447     Nondisclosure of public employee identification badge or card

 

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

 

192.460     Procedure to review denial of right to inspect other public records

 

192.465     Effect of failure of Attorney General, district attorney or public official to take timely action on inspection petition

 

192.470     Petition form; procedure when petition received

 

192.480     Procedure to review denial by elected official of right to inspect public records

 

192.490     Court authority in reviewing action denying right to inspect public records; docketing; costs and attorney fees

 

192.493     Health services costs

 

192.495     Inspection of records more than 25 years old

 

192.496     Medical records; sealed records; records of individual in custody or under supervision; student records

 

192.501     Public records conditionally exempt from disclosure

 

192.502     Other public records exempt from disclosure

 

192.505     Exempt and nonexempt public record to be separated

RECORDS OF INDIVIDUALS WITH DEVELOPMENTAL DISABILITY OR MENTAL ILLNESS

192.515     Definitions for ORS 192.515 and 192.517

 

192.517     Access to records of individuals with developmental disability or individuals with mental illness

 

PROTECTED HEALTH INFORMATION

192.518     Policy for protected health information

 

192.519     Definitions for ORS 192.518 to 192.526

 

192.520     Health care provider and state health plan authority

 

192.521     Health care provider and state health plan charges

 

192.522     Authorization form

 

192.523     Confidentiality; use and disclosure

 

192.524     No right of action

 

192.526     Personal representative of deceased individual

 

GENETIC PRIVACY

 

192.531     Definitions for ORS 192.531 to 192.549

 

192.533     Legislative findings; purposes

 

192.535     Informed consent for obtaining genetic information

 

192.537     Individual’s rights in genetic information; retention of information; destruction of information

 

192.538     Notice by health care provider regarding anonymous or coded research

 

192.539     Disclosure of genetic information; exceptions

 

192.540     Use of deceased individual’s DNA sample or genetic information for research

 

192.541     Private right of action; remedies; affirmative defense; attorney fees

 

192.543     Criminal penalty

 

192.545     Enforcement; Attorney General or district attorney; intervention

 

192.547     Department of Human Services rules; procedures

 

192.549     Advisory Committee on Genetic Privacy and Research

 

PRIVATE FINANCIAL RECORDS

 

192.550     Definitions for ORS 192.550 to 192.595

 

192.555     Disclosure of financial records prohibited; exceptions

 

192.557     Disclosure to Department of Human Services; procedure; limitations

 

192.559     Disclosure to state court; procedure; limitations

 

192.560     Authorization by customer for disclosure

 

192.565     Disclosure under summons or subpoena; procedure

 

192.570     Disclosure under search warrant

 

192.575     Liability of financial institution for disclosure

 

192.580     Time for compliance; reimbursement; exceptions

 

192.585     Procedure for disclosure to law enforcement agency

 

192.587     Charges for participation in attorney trust account overdraft notification program

 

192.590     Civil liability for violation of ORS 192.550 to 192.595; attorney fees; status of evidence obtained in violation

 

192.595     Severability

 

PUBLIC MEETINGS

 

192.610     Definitions for ORS 192.610 to 192.690

 

192.620     Policy

 

192.630     Meetings of governing body to be open to public; location of meetings; accommodation for individuals with disability; interpreters

 

192.640     Public notice required; special notice for executive sessions, special or emergency meetings

 

192.650     Recording or written minutes required; content; fees

 

192.660     Executive sessions permitted on certain matters; procedures; news media representatives’ attendance; limits

 

192.670     Meetings by means of telephonic or electronic communication

 

192.680     Enforcement of ORS 192.610 to 192.690; effect of violation on validity of decision of governing body; liability of members

 

192.685     Additional enforcement of alleged violations of ORS 192.660

 

192.690     Exceptions to ORS 192.610 to 192.690

 

192.695     Prima facie evidence of violation required of plaintiff

 

192.710     Smoking in public meetings prohibited

FINANCIAL INSTITUTION RECORD DISCLOSURES

 

192.800     Definitions for ORS 192.800 to 192.810

 

192.805     Reimbursement required prior to disclosure; charges

 

192.810     Applicability of ORS 192.805

 

ADDRESS CONFIDENTIALITY PROGRAM

 

192.820     Definitions for ORS 192.820 to 192.868

 

192.822     Address Confidentiality Program; substitute addresses

 

192.826     Application for participation in program; certification of participation; authorization card; rules

 

192.828     Prohibitions; civil penalty

 

192.832     Notice of change in name, address or telephone number

 

192.834     Cancellation of certification

 

192.836     Use of substitute address; waiver of requirement

 

192.842     Use of actual or substitute address in specified circumstances

 

192.844     Prohibition on disclosure of actual address or telephone number by public body

 

192.848     When Attorney General may disclose actual address or telephone number

 

192.852     Prohibition on obtaining actual address or telephone number; prohibition on disclosure by employee of public body

 

192.854     Application assistants; application assistance not legal advice

 

192.856     Additional response time for notice or other paper

 

192.858     Disclosures to participants

 

192.860     Rules

 

192.865     Criminal penalty

 

192.868     Grants, donations and gifts

 

PENALTIES

 

192.990     Penalties

 

PUBLIC RECORDS POLICY

 

      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 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

 

      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 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]

 

      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 in the application, operation and interpretation of the public records laws. [1973 c.439 §2]

 

      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 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]

 

      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 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]

 

      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 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]

 

      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 Archivist upon request may, pursuant to ORS 357.865, accept for safekeeping the duplicate microfilm. [Amended by 1961 c.160 §8]

 

      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 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]

 

      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 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]

 

      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 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]

 

      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 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]

 

      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 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)

 

      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 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]

 

      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 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)

 

      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 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.

 

      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 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.

 

      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 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.

 

      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 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.

 

      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 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.

 

      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 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)

 

      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 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.

 

      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, 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

 

      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 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

 

      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 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]

 

      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 192.501 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]

 

      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 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]

 

      192.440 Certified copies of public records; fees; waiver or reduction. (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.

 

      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 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.

 

      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 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.

 

      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 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]

 

      192.460 Procedure to review denial of right to inspect other public records. 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]

 

      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 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]

 

      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 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]

 

      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 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]

 

      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 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]

 

      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 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.

 

      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 for inspection. [1979 c.301 §2]

 

      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 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]

 

      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 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, web sites 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.

 

      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 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]

 

      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 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

 

      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 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.

 

      192.517 Access to records of individuals with developmental disability or individuals 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 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

 

      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 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.

 

      192.519 Definitions for ORS 192.518 to 192.526. 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.

 

      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 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.

 

      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) 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.

 

      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 HEALTH INFORMATION

 

I 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 INFORMATION

 

You 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.

 

SIGNATURE

 

I 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.

 

      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 health plan uses or discloses protected health information in accordance with ORS 192.520. [2003 c.86 §6]

 

      Note: See note under 192.518.

 

      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 health plan. [2003 c.86 §7]

 

      Note: See note under 192.518.

 

      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 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.

 

      192.530 [1977 c.812 §2; 1995 c.79 §71; repealed by 2003 c.86 §8]

 

GENETIC PRIVACY

 

      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 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 or 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.

 

      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. 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.

 

      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 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.

 

      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 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.

 

      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 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.

 

      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 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.

 

      192.540 Use of deceased individual’s DNA sample or genetic information for research. Notwithstanding ORS 192.535 and 192.537 (2), a person may use an individual’s DNA sample or genetic information that is derived from a biological specimen or clinical individually identifiable health information for anonymous research or coded research if the individual was deceased when the individual’s biological specimen or clinical individually identifiable health information was obtained. [2005 c.678 §8]

 

      Note: See second note under 192.531.

 

      192.541 Private right of action; remedies; affirmative defense; attorney fees. (1) An individual or an individual’s blood relative, representative or estate may bring a civil action against any person who violates ORS 192.535, 192.537, 192.539 or 192.547.

      (2) For a violation of ORS 192.537 or 192.547, the court shall award the greater of actual damages or:

      (a) $100, for an inadvertent violation that does not arise out of the negligence of the defendant;

      (b) $500, for a negligent violation;

      (c) $10,000, for a knowing or reckless violation;

      (d) $15,000, for a knowing violation based on a fraudulent misrepresentation; or

      (e) $25,000, for a knowing violation committed with intent to sell, transfer or use for commercial advantage, personal gain or malicious harm.

      (3) For a violation of ORS 192.535 or 192.539, the court shall award the greater of actual damages or:

      (a) $1,000, for an inadvertent violation that does not arise out of the negligence of the defendant;

      (b) $5,000, for a negligent violation;

      (c) $100,000, for a knowing or reckless violation;

      (d) $150,000, for a knowing violation based on a fraudulent misrepresentation; or

      (e) $250,000, for a knowing violation committed with intent to sell, transfer or use for commercial advantage, personal gain or malicious harm.

      (4) It is an affirmative defense to an action described in subsection (2)(a) or (b) or (3)(a) or (b) of this section that the defendant corrected the violation through destruction of illegally retained or obtained samples or information, or took other action to correct the violation, if the correction was completed within 120 days after the defendant knew or should have known that the violation occurred.

      (5) The court may provide such equitable relief as it deems necessary or proper.

      (6)(a) The court may award attorney fees to a defendant only if the court finds that the plaintiff had no objectively reasonable basis for asserting a claim or for appealing an adverse decision of the trial court.

      (b) The court shall award attorney fees to a plaintiff if the court finds that the defendant committed a violation described in subsection (2)(c), (d) or (e) or (3)(c), (d) or (e) of this section.

      (7) An action authorized by subsection (1) of this section must be commenced within three years after the date the plaintiff knew or should have known of the violation, but in no instance more than 10 years after the date of the violation.

      (8) A plaintiff may recover damages provided by subsections (2) and (3) of this section for each violation by a defendant.

      (9) ORS 31.725, 31.730, 31.735 and 31.740 do not apply to amounts awarded in actions under this section. [2001 c.588 §2]

 

      Note: See second note under 192.531.

 

      192.543 Criminal penalty. (1) A person commits the crime of unlawfully obtaining, retaining or disclosing genetic information if the person knowingly, recklessly or with criminal negligence, as those terms are defined in ORS 161.085, obtains, retains or discloses genetic information in violation of ORS 192.531 to 192.549.

      (2) Unlawfully obtaining, retaining or disclosing genetic information is a Class A misdemeanor. [2001 c.588 §3]

 

      Note: See second note under 192.531.

 

      192.545 Enforcement; Attorney General or district attorney; intervention. (1) The Attorney General or a district attorney may bring an action against a person who violates ORS 192.535, 192.537, 192.539 or 192.547. In addition to remedies otherwise provided in ORS 192.541, the court shall award to the Attorney General or district attorney the costs of the investigation.

      (2) The Attorney General may intervene in a civil action brought under ORS 192.541 if the Attorney General certifies that, in the opinion of the Attorney General, the action is of general public importance. In the action, the Attorney General shall be entitled to the same relief as if the Attorney General instituted the action under this section. [2001 c.588 §4]

 

      Note: See second note under 192.531.

 

      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 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.

 

      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 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

 

      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 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]

 

      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 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]

 

      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 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]

 

      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 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]

 

      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 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]

 

      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 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]

 

      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 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]

 

      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 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]

 

      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 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]

 

      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 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]

 

      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 accounts with the financial institution for the reasonable costs incurred by the financial institution by reason of that participation. [1993 c.131 §6]

 

      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 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]

 

      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 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

 

      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 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]

 

      192.620 Policy. The Oregon form of government requires an informed public aware of the deliberations and decisions of governing bodies and the information upon which such decisions were made. It is the intent of ORS 192.610 to 192.690 that decisions of governing bodies be arrived at openly. [1973 c.172 §1]

 

      192.630 Meetings of governing body to be open to public; location of meetings; accommodation for individuals 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 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]

 

      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 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]

 

      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 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]

 

      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 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]

 

      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 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]

 

      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 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]

 

      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 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]

 

      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, 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]

 

      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 192.690 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.

 

      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 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]

 

FINANCIAL INSTITUTION

RECORD DISCLOSURES

 

      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 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]

 

      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 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]

 

      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 ORS 192.550 to 192.595, or if the financial institution is a named party to litigation that is the basis for issuance of the subpoena. [1985 c.797 §3; 1989 c.309 §2]

 

ADDRESS CONFIDENTIALITY PROGRAM

 

      192.820 Definitions for ORS 192.820 to 192.868. 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.

 

      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 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.

 

      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 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.

 

      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 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.

 

      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 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.

 

      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;

      (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.

 

      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 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.

 

      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 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.

 

      192.844 Prohibition on disclosure of actual address or telephone number by public body. 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.

 

      192.845 [1997 c.566 §5; 1999 c.718 §2; repealed by 2005 c.118 §1]

 

      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 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.

 

      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 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.

 

      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 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.

 

      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 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.

 

      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 192.820 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.

 

      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: See notes under 192.820.

 

      192.865 Criminal penalty. Violation of ORS 192.852 is a Class C misdemeanor. [2005 c.821 §16]

 

      Note: See notes 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) 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.

 

PENALTIES

 

      192.990 Penalties. Violation of ORS 192.710 (1) is a violation punishable by a fine of $10. [1973 c.168 §2]

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