Or. Admin. Code § 863-001-0010

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

Section 863-001-0010 - Public Records

(1) Pursuant to ORS 192.430 and 192.440, the Commissioner shall charge the following fees for certification or copying of any public records in the Commissioner's custody and not otherwise exempt from disclosure:

(a) For each certification containing five pages or less, $5;

(b) For each page of a certified document in excess of five pages, 25¢ per page;

(c) For uncertified copies:

(A) From one to 10 pages are free, from 11 to 20 pages are a flat fee of $5 and any pages in excess of 20 are 25¢ per page; or

(B) $15 per hour or any portion of an hour plus 3¢ per page; or

(C) In the case of extraordinarily large copy requests, the total actual cost of providing a temporary employee to complete the request (Usual minimum of four hours), plus 3¢ per page.

(d) All charges for both certified and uncertified copies, except those sent by facsimile, must be paid for prior to delivery of the copies to the person requesting the copies;

(e) For copies to be sent by facsimile (fax), $5 for the first three pages (not including the fax cover sheet and the billing sheet) and 50¢ for each additional page over three. Costs will be billed to the person requesting the copies on a billing sheet which will be sent by facsimile with the requested copies.

(2) In addition to the charges prescribed in section (1) of this rule, may charge an amount, as determined reasonable by the Commissioner, to reimburse the Real Estate Agency for the actual cost of making the records available.

(3) The Commissioner shall make all public records of the Agency, not otherwise exempt from disclosure by law, available for inspection and copying during regular business hours of the Agency.

(4) Service will be delivered on the basis of first-come, first-served. Walk-in customers or customers with large requests may be asked to make their requests in writing for later mail delivery as workload priorities permit.

(5) Access to investigation files which are scheduled for a hearing shall be governed by the Public Records Law. Requests to review such a file or to obtain copies from such a file must be in writing and received by the Agency not later than ten working days prior to the scheduled date of the hearing. The review appointment or the requested copies must be provided not later than five working days prior to the scheduled date of the hearing.

(6) May condition the time and manner of inspection or copying as necessary under the circumstances to protect the records and to prevent interference with the regular discharge of the duties of the Agency, its officers and employees.

Or. Admin. Code § 863-001-0010

REC 1-1982, f. & ef. 2-3-82; REA 4-1992, f. 6-25-92, cert. ef. 7-1-92; REA 3-2018, minor correction filed 01/05/2018, effective 1/5/2018

Statutory/Other Authority: ORS 183.355, 192 & 696.385

Statutes/Other Implemented: ORS 192.430 & 192.440