Or. Admin. Code § 733-001-0025

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

Section 733-001-0025 - Public Records Request Requirements and Fees

All information in the custody of the Travel Information Council (Council) will be disclosed or protected from disclosure in accordance with Chapter 192 of the Oregon Revised Statutes.

(1) As used in this rule, the following definitions apply:

(a) "Non-Standard" means:

(A) Audio tapes;

(B) Video Tapes;

(C) Microfilm, and

(D) Machine readable formats such as computer hard drives, and magnetic tape.

(b) "Certified copies" means, photocopies, that on the date copied, are true and accurate copy of the original record. The Council cannot certify as to any subsequent changes or manipulation of the record.

(c) "Research" means the compilation of information:

(A) That is not readily and immediately available from a single source or a group of related sources; or

(B) That requires a search to locate the requested information.

(2) A request for photocopies, electronically distributed (email) copies and certifications of public records that are on file with the Council can be made verbally, in writing, by fax or by email.

(a) The request must:

(A) Include name and address of the person requesting the public record;

(B) Include telephone number of the person requesting the public record; and

(C) Adequately describe the record(s) requested including subject matter, approximate creation date(s) and name(s) of person(s) involved in creation.

(b) The request should:

(A) Be dated;

(B) Be signed by the person requesting the public record; and

(C) Indicate a date by which the records are being requested.

(3) The Council's Director or designee will respond to the request in a reasonable amount of time and acknowledge the request, identify an estimate of the expected cost of meeting the request, and the expected date and location at which the information will be provided. The regular discharge of duties of the Council will be neither interrupted nor interfered with because of time or effort required to respond to the request.

(4) Unless otherwise provided by statute or other administrative rule, the fees will be calculated as follows:

(a) $0.25 per page for photocopies.

(b) Actual cost for use of material and equipment for producing copies of non-standard records.

(c) Upon request, copies of public records may also be provided on a computer disk or compact disk (CD) if the document(s) are stored in the Council's computer system. Disks will be provided at a cost of $5.00 per disk and may contain as much information as the disk will hold. Due to the threat of computer viruses, the Council will not permit requestors to provide disks for electronic reproduction of computer records.

(d) Labor charges that include researching, locating, compiling, editing or otherwise processing information and records:

(A) No charge for the first 15 minutes of staff time.

(B) Beginning with the 16th minute, the charge per total request is $25.00 per hour or $6.25 per quarter-hour. A prorated fee is not available for less than a quarter-hour.

(e) The actual cost for delivery of records such as postage and courier fees.

(f) $5.00 for each true copy certification.

(5) Electronic Records. Copies of requested electronic records may be provided in the format or manner maintained by the Council. The Director will perform all downloading, reproducing, formatting and manipulating of records.

(6) The Council may charge a fee for the cost of time spent by an attorney in reviewing the public records, redacting material from the public records or segregating the public records into exempt and nonexempt records. Records request fees will include actual attorney fees charged to the Council related to the request. The Director will not charge a fee greater than $25.00 under this section unless the Director first provides the requester with a written notification of the estimated amount of the fee and the requester confirms that the requester wants the Director to proceed with making the public record available.

(7) Pre-payment may be requested by the Director prior to record(s) being provided.

(8) A person who believes that there has been an unreasonable denial of a fee waiver or fee reduction may petition the Attorney General or the district attorney in the same manner as a person petitions when inspection of a public record is denied under ORS 192.410 to 192.505. The Attorney General, the district attorney and the court have the same authority in instances when a fee waiver or reduction is denied as it has when inspection of a public record is denied.

Or. Admin. Code § 733-001-0025

TIC 1-2013, f. & cert. ef. 4-15-13

Stat. Auth.: ORS 192.430, 192.440 & 377.835(5)

Stats. Implemented: ORS 192.410 - 192.505