Or. Admin. Code § 859-540-0025

Current through Register Vol. 64, No. 1, January 1, 2025

Section 859-540-0025 - Public Records Law; Confidentiality

(1) The attorneys for the youth shall have the right to review any exhibit to be considered at the hearing. Statutory requirements shall be observed with respect to requests by any other individual/entity to inspect youth records.

(2) Other requests shall be reviewed to determine whether the record is exempt under a specific exception to the public records law, including but not limited to:

(a) Communications within a public body or between public bodies of an advisory nature to the extent that they cover other than purely factual material and are preliminary to any final agency determination of policy or action;

(b) Information of a personal nature such as that kept in personal, medical or similar file, if the public disclosure thereof would constitute an unreasonable invasion of privacy, unless the public interest by clear and convincing evidence requires disclosure in the particular instance.

(c) Public records or information the disclosure of which is prohibited or restricted or otherwise made confidential by federal or state law.

(3) A medical record shall be withheld from public inspection if the Board determines that the disclosure would interfere with the rehabilitation of the youth and if the public interest in confidentiality clearly outweighs the public interest in disclosure.

(4) Public records, Board orders and information within the Public Records Law shall be made available upon request. All requests shall be made in writing and final determination on disclosure shall be made by the Board. A reasonable charge may be made for copying of material. Appeals of determinations on disclosure shall be made by petition to the Attorney General in accordance with statutory requirements.

Or. Admin. Code § 859-540-0025

PSRB 2-2010, f. & cert. ef. 9-28-10

Stat. Auth.: ORS 161.385, 161.387, 192.450, 192.500, 192.525, 192.690; OLs 2007, Ch. 889 § 6 (SB 328)

Stats. Implemented: ORS 161.336, 161.346, 419C.532