Hfs Public Notices

This part supplies info on public information exemptions found within the Public Records Law, ORS 192.311 to 192.478, together with the conditional exemptions present in ORS 192.345, the exemptions present in ORS 192.355, and the opposite miscellaneous exemptions. It does not, nonetheless, present evaluation of the lots of of exemptions discovered elsewhere in Oregon legislation, or found in federal law. A person whose public data request has been denied by an elected official might initiate court docket proceedings to challenge the denial.For state elected officers, such proceedings could be instituted in Marion County Circuit Court;for local elected officers, they are often instituted within the county where the official is located. A public data requester contesting a state company’s denial of a data request, aside from by an elected official, should first seek evaluation from the Attorney General,who acts in a quasi-judicial role.

C What Information Are Coated By The Regulation?

legal public

The Attorney General will consider the petition and problem an order denying or granting it, or denying it partially and granting it in part. That is, the Attorney General will both order the state agency to reveal the records at issue or conclude that the information are exempt from disclosure. If a public body denies a requester the right to examine a public document, the recourse obtainable to the requester usually is dependent upon the identification of the public body. The similar procedures apply for denials of a request for payment waiver or discount,or for a public body’s failure to adjust to timing obligations; however, for brevity’s sake, we’ll refer throughout this section to denials of the right to access records.


While the catalog doesn’t have authorized impact, it serves as a useful guide for each public bodies and information requesters in locating and understanding the exemptions related to a specific records request. And sure Pets And Animal exemptions are not waived by disclosure in response to a written data request, particularly the legal professional-client privilege and the opposite evidentiary privileges contained inORS forty.225 to forty.295 ».

Historical Past Of Public Legislation

In contrast, most of the exemptions in ORS 192.355 are unconditional, in that the protected info is exempt with out regard to the general public curiosity. In effect, the legislature has decided that the confidentiality pursuits outweigh disclosure interests as a matter of regulation. Several of the exemptions in ORS 192.355 are conditioned on the extent to which confidentiality pursuits outweigh the public interest in disclosure; nonetheless, they’re worded in a different way than the balancing test utilized in ORS 192.345, and range by exemption. A public body’s payment-waiver determination should contemplate the character of the public interest within the particular disclosure, the extent to which the charge impedes that public interest, and the extent to which a waiver would burden the general public body.Of course, different concerns could also be acceptable in any given case.