OAR 340-011-0380: Public Records Access and Reproduction: Fee Waivers and Reductions

(1) Ordinarily there will be no charge for one copy of a public record: (a) When the material requested is currently being distributed as part of the public participation process such as a news release or public notice. (b) When the material requested has been distributed through mass mailing and is readily available to DEQ at the time of request. (c) When the records request is made by a local, state, or federal public/governmental entity or a representative of a public/governmental entity acting in a public function or capacity. Even if a person qualifies under this subsection, DEQ may still charge for either record review or copying based on the following factors: (A) Any financial hardship on DEQ; (B) The extent of time, expense and interference with DEQ's regular business; (C) The volume of the records requested; or (D) The necessity to segregate exempt from non-exempt materials. (2) Public Interest Annual Fee Waivers: (a) An approved annual fee waiver allows the requestor to either review or obtain one copy of a requested record at no charge. Fee waivers are effective for a one year period. (b) A person including members of the news media and non-profit organizations may be entitled to an annual fee waiver provided that a Fee Waiver Form is completed and approved by DEQ. The form must identify the person's specific ability to disseminate information of the kind maintained by DEQ to the general public and that such information is generally in the interest of and benefit to the public within the meaning of the Public Records Law. Additional information may be requested by DEQ prior to granting any fee waiver. (c) Even if a person has a fee waiver, DEQ may charge for either record review or copying based on the following factors: (A) Any financial hardship on DEQ; (B) The extent of time, expense and interference with DEQ's regular business; (C) The volume of the records requested; (D) The necessity to segregate exempt from non-exempt materials; and (E) The extent to which the record request does not further the public interest or the particular needs of the requestor. (3) Case-by-Case Waivers or Reductions: A person that does not request, or is not approved for an annual waiver, may request a waiver or a reduction of record review or reproduction costs on a case-by-case basis.