Or. Admin. Code § 584-001-0016

Current through Register Vol. 63, No. 10, October 1, 2024

Section 584-001-0016 - Fees for Public Records and Related Services

(1) The Commission may establish fees for providing access to public records in paper, electronic or other format. These fees will be reasonably calculated to reimburse the Commission for costs of providing and conveying the public records. The Commission shall provide information in accordance with public records disclosure rules as established in Chapter 192 of the Oregon Revised Statutes.

NOTE: See ORS 283.110 regarding charges for providing records to state agencies.

(2) In establishing the fees for public records, the Commission will consider:

(a) Printing and duplicating costs;

(b) Staff time, including but not limited to, all time spent in retrieval, duplication and compilation of information, telephone time, typing, computer operation and mailing;

(c) Electronic Services, including but not limited to, programming, materials, and computer time; and

(d) Overhead, including but not limited to, bookkeeping and accounting, attorney fees as permitted under ORS 192.440, postage and mail services, equipment maintenance, central government services, and general service charges.

(3) The Commission may waive or reduce fees for public records upon written request if the Commission determines that making the record available primarily benefits the general public.

(4) Fees for copies and related services:

(a) Photocopies (single or double-sided): $5 plus 20 cents per page (black and white) and $5 plus 30 cents per page if requested in color;

(b) Facsimile: $5.00 1st page, $1 per page thereafter;

(c) Postage/Freight: First Class or Bulk rate based on weight;

(d) Record Search Charges: In addition to photocopying or other duplication charges, the following staff time charges:

(A) Clerical - $20 per hour.

(B) Administrative - $40 per hour.

(C) Executive - $50 per hour.

(e) Data Order Charges:

(A) Standard Licensee Data Order - $150 each.

(B) Custom Licensee Data Order - $150 + $40 per hour administrative time.

(f) Address Label Disk - $100 each.

(5) The cost of a request for public records not listed in section (4) of this rule shall be determined by the Executive Director at the time of the request, considering the factors listed in section (2) of this rule. If the estimated fee of a request exceeds $25, the Commission will provide written notice to the requestor and will not act further to respond to the request until the requestor notifies the Commission, in writing, to proceed with making the records available.

(6) No additional fee will be charged for providing records or documents in an alternative format when required by the Americans with Disabilities Act.

(7) Requests for public records may be verbal; however, the Commission may require the request to:

(a) Be in writing;

(b) Be delivered to the Commission's office (by person, U.S. Mail, FAX, email or other electronic means);

(c) Be dated;

(d) Be signed;

(e) Adequately describe the records being requested; or

(f) Indicate the date the records are needed.

(8) Electronic Records: Copies of requested electronic records may be provided in the format or manner maintained by the Commission. The Commission will perform all downloading, reproducing, formatting, and manipulating of records. Due to the threat of computer virus, the Commission will not permit requestors to provide flash drives or other electronic media for electronic reproduction of computer records.

(9) All fees and charges must be paid in advance of releasing the requested public records.

Or. Admin. Code § 584-001-0016

TSPC 5-2014, f. & cert. ef. 8-5-14; TSPC 8-2019, minor correction filed 12/31/2019, effective 12/31/2019

Statutory/Other Authority: ORS 192 & ORS 283

Statutes/Other Implemented: ORS 192.440 & ORS 283.110