Or. Admin. R. 137-079-0180

Current through Register Vol. 63, No. 6, June 1, 2024

Section 137-079-0180 - Public Body Exemption Waiver

(1) A request for a waiver from the requirements of the Program made by a public body may be for an individual Program participant, for a class of Program participants or for all Program participants. The request must be in writing and must contain:

(a) The information specified in ORS 192.836(3)(a) and (b), including a description of the specific record or records for which the exemption is requested and identifying the individual(s) who will have access to the record; and

(b) A description of the alternatives to the waiver the public body has considered and why those alternatives are not feasible.

(2) When the Program receives a request for a waiver, the Administrative Coordinator will determine if the waiver request is complete. If the request is not in writing, fails to include the required explanation or the affirmation or is otherwise incomplete, the Administrative Coordinator will inform the public body requestor of the incomplete submission within five (5) business days of receiving the request, and no determination will be made until the request is complete.

(3) When the Program receives a complete request for a waiver, the Attorney General or designee shall consider whether the public body submitting the request has demonstrated its inability to meet its statutory or administrative obligations by possessing or using the substitute address. The Attorney General or designee's acceptance or denial of the request:

(a) Shall be recorded pursuant to ORS 192.836(4);

(b) Shall specify the duration of the waiver, if approved, which shall be based upon the reason or reasons for which the waiver is approved; and

(c) Shall be sent to the requestor within ten (10) business days of the date on which the complete request was received.

Or. Admin. R. 137-079-0180

DOJ 4-2007, f. 4-12-07, cert. ef. 4-16-07; DOJ 8-2022, amend filed 06/13/2022, effective 6/13/2022

Statutory/Other Authority: ORS 192.860, 2005 OL, Ch. 821 & SB 850

Statutes/Other Implemented: ORS 192.820-192.868, 2005 OL, Ch. 821 & SB 850