Or. Admin. R. 255-015-0010

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

Section 255-015-0010 - Criteria for Denial of Disclosure of Records

The Board shall disclose its records to any person or agency unless:

(1) Disclosure would interfere with the rehabilitation of a person in custody, and the public interest in confidentiality clearly outweighs the public interest in disclosure;

(2) Disclosure would substantially prejudice or prevent the carrying out of the functions of the Board or the Department of Corrections, and the public interest in confidentiality clearly outweighs the public interest in disclosure;

(3) The information was submitted to a public body in confidence and not otherwise required by law to be submitted, the information should reasonably be considered confidential, the public body has obliged itself in good faith not to disclose the information, and the public interest will suffer by disclosure of the information;

(4) The requested record is a presentence investigation report prepared pursuant to ORS 137.077 or 137.530;

(5) The requested records constitute advisory communications within a public body and in this instance the public interest in encouraging frank communication between officials and employees of public bodies clearly outweighs the public interest in disclosure;

(6) The records comprise investigatory information compiled for criminal law purposes and the public interest does not require disclosure in this particular instance;

(7) The requested records pertain to potential or pending litigation involving the Board and the public interest does not require disclosure in this particular instance;

(8) The records comprise Board deliberations per ORS 192.690;

(9) Records are exempt from disclosure under ORS 192.355, 192.371, 192.398; or

(10) The requested records are otherwise exempt from disclosure under the Public Records Law or other provisions of state or federal law; or other reasons.

Or. Admin. R. 255-015-0010

1PB 4-1985, f. & ef. 5-31-85; 2PB 4-1986(Temp), f. & ef. 12-2-86; PAR 3-1987, f. & ef. 4-28-87; PAR 6-1988, f. & ef. 5-19-88; PAR 4-1989, f. & ef. 11-1-89; PAR 8-1992, f. & cert. ef. 10-9-92; PAR 4-1998(Temp), f. & cert. ef. 10-14-98 thru 4-11-99; PAR 1-1999, f. & cert. ef. 1-15-99; PAR 6-2018, amend filed 10/30/2018, effective 10/31/2018

Statutory/Other Authority: ORS 183.335, ORS 144.025, ORS 144.050 & ORS 192.311-192.401

Statutes/Other Implemented: ORS 144.130, ORS 144.185 & ORS 192.311-192.401