Or. Admin. Code § 584-001-0010

Current through Register Vol. 63, No. 11, November 1, 2024

Section 584-001-0010 - Access to Information in Licensure Files

Oregon law establishes the right of public access to general information in files maintained by public agencies while reserving the right to withhold certain information potentially injurious to the affected party. The Commission makes available to the public information in licensure files subject to the following rules:

(1) General information available to the public shall include: the person's license type and status, academic degree(s) and the institutions awarding them, the names and addresses of verified educational employers, and orders adopted by the Commission as a result of disciplinary proceedings, if any.

(2) Personal information not routinely furnished the general public shall include: social security number, the date and place of birth, home address and telephone number, transcripts of credits and grades, reports of educational experience that include personal comments, and other forms or papers containing personal opinions about the educator.

(3) All requests for general information shall be in writing, with the exception of requests covered by subsection (7) of this rule.

(4) With the exception of requests covered by subsection (7) of this rule, a charge of $5 shall be made to process a written request for general information.

(5) All requests for personal information shall be in writing, with the exception of requests covered by subsection (7) of this rule, and shall provide clear and convincing evidence of public interest in disclosure or a showing that disclosure of the record will not constitute an unreasonable invasion of privacy. Upon receipt of a request for personal information, the Executive Director shall notify the educator by certified and first class mail that personal information has been requested and that he or she has an opportunity to show that making disclosure as requested will unreasonably invade privacy. The Executive Director shall determine, based on the evidence of public interest and showing of unreasonable invasion of privacy, whether exemption from disclosure is justified and shall release the record or deny the request for disclosure.

(6) With exception of requests covered by subsection (7) of this rule, a charge of $15 shall be made to process a written request for personal information.

(7) General and personal information in licensure files may be provided by letter, telephone or facsimile, at no cost, to the director of teacher education or his or her designee at a teacher education institution, a school district superintendent or personnel officer, or an Oregon judge or district attorney.

Or. Admin. Code § 584-001-0010

TS 13, f. 12-20-76, ef. 1-1-77; TS 2-1982, f. & ef. 4-16-82; TS 1-1987, f. & ef. 3-3-87; TS 1-1992, f. & cert. ef. 1-15-92; TS 7-1992, f. 12-17-92, cert. ef. 1-15-93; TS 1-1996, f. & cert. ef. 1-29-96; TS 4-1997, f. 9-25-97, cert. ef. 10-4-97; TSPC 3-2015, f. & cert. ef. 4/15/2015

Stat. Auth.: ORS 183, 192 & 283

Stats. Implemented: ORS 183, 192.440 & 283.110