OAR 416-130-0010: Access and Response

OYA complies with all federal and state laws and rules concerning disclosure of public records. (1) OYA must respond to written requests to view or obtain copies of public records as soon as possible and without unreasonable delay. The response will acknowledge receipt of the request and the status of its response, as required by Oregon laws. (2) A written procedure for making public record requests is available on the OYA website, and may be provided upon request. (3) OYA must notify the requester of any fees needed to complete the request as described in OAR 416-130-0060. (4) OYA may request additional information from a requester to expedite the response to the request, and may suspend its response until the additional information is provided. If the requester fails to respond to OYA’s request for additional information within 60 days, OYA may close the requester’s request. (5) If the public record is maintained in a machine readable or electronic form, OYA must provide copies of the public record in the form requested, if available. If the public record is not available in the form requested, it may be made available in the form in which it is maintained. (6) Upon request of a person with a disability for public records otherwise available to the requester under these rules, OYA will consult with the person about making the requested records available in alternative format at no additional cost to the person. (7) If a requester would like to inspect a public record, OYA and the requester must agree on a reasonable date and time the records may be inspected. Inspection must be done as described in OAR 416-130-0050.Fees for redaction will apply to the cost to inspect a record. If the cost is less to release than allow inspection, the least expensive option will be pursued. (8) OYA must follow federal and state laws regarding exemptions from public disclosure, and will notify a requester in writing when requested public records are exempt from disclosure. (9) Appeal (a) A person denied access to OYA public records may appeal the decision within seven days of receipt of the denial by writing to the OYA employee who sent the denial notice, and stating that an appeal is being requested. (b) A person denied access to OYA public records after completing an appeal described in OAR 416-130-0010(5)(a) may petition the Attorney General’s office to review the public record to determine if it may be withheld from public inspection. The petition must be submitted in the manner prescribed by the Attorney General’s office.