OAR 123-052-2400: Confidential Records

(1) Upon written request and within a reasonable time, the Department shall provide program records for inspection in accordance with ORS Chapter 192. (2) The person requesting records will be charged for preparing and mailing such records. Costs may include but not be limited to costs incurred in locating records, separating exempt and nonexempt records, having a custodian present during the inspection, preparing lists of data, making photocopies and telefaxing materials. Fees to be collected shall be set forth in the Department's schedule of fees and may be amended from time to time as the Department may determine. (3) Except as otherwise provided in ORS 192.410-192.595, records exempt from disclosure include but are not limited to: (a) Reports and analyses of reports which bear on the Applicant's character, finances, management ability and reliability, and which were obtained in confidence from persons or firms not required by law to submit them and the Department has obliged itself in good faith not to disclose the information; (b) Financial statements, tax returns, business records, employment history and other personal data submitted by or for Applicants, or analysis of such data; (c) Intra-departmental advisory memoranda preliminary to a decision; (d) Formulas, plans, designs and related information that constitute trade secrets under ORS 192; (e) Personal financial statement; (f) Financial statements of Applicants; (g) Customer lists; (h) Information of an Applicant pertaining to litigation to which the Applicant is a party if the complaint has been filed, or if the complaint has not been filed, if the Applicant shows that such litigation is reasonably likely to occur. This exemption does not apply to conclude litigation and nothing in this section shall limit any right or opportunity granted by law to a party involved in litigation; (i) Production, sales or cost data; and (j) Marketing strategy information that relates to an Applicant's plan to address specific markets and Applicant's strategy regarding specific competitors.