Or. Admin. Code § 690-003-0220

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

Section 690-003-0220 - Fee Waivers and Reductions

(1) There will be no charge for one copy of a public record:

(a) When the material requested is currently being distributed as part of the public participation process such as a news release or public notice of a meeting; or

(b) When the material requested has been distributed through mass mailing and is readily available to the Department at the time of request.

(2) There may be no charge for Department responses to public records requests made by a local, state, or federal governmental entity or a representative of a governmental entity acting in a public function or capacity unless any of the following factors apply:

(a) Fulfilling the request will cause financial hardship on the Department;

(b) The time or expense will interfere with the Department's regular business;

(c) The Department determines the volume of the public records requested is excessive; or

(d) The public records request will require the Department to segregate exempt from non-exempt public records.

(3) The Department may grant a request for a waiver or reduction of public records review or reproduction charges in some circumstances. A person making a public records request may submit a written request for a waiver or reduction of the charges. The request must demonstrate that the public records request is in the public interest because making the public record available primarily benefits the general public.

(a) If the Department finds the request satisfies the public interest test, it will determine whether to deny or grant the fee waiver or reduction, either in whole or in part.

(b) If the Department denies a request for a fee waiver or reduction, the requestor may petition the Attorney General or district attorney under the process provided under ORS 192.410 to 192.505.

Or. Admin. Code § 690-003-0220

WRD 6-2006, f. & cert. ef. 10-6-06

Stat. Auth.: ORS 192.430, 536.025 & 536.027

Stats. Implemented: ORS 192.440 & 536.480