OAR 603-042-0050: Noncompliance with Requests

(1) If a request received by the commission has been submitted erroneously, in that the commission has no public records relating to the request, the request shall be returned to the requestor with any information concerning the appropriate agency to be contacted. (2) If a commission determines that all or any part of a public record is exempt from disclosure and will not be disclosed, the commission shall notify the requester of such fact, the public record(s) or part(s) thereof that will not be disclosed, the reasons therefor and the right of the requester to petition the Attorney General for review. (3) In determining whether all or any part of a public record is exempt from disclosure, a commission shall consider: (a) Public record exemptions specified in ORS 192.501 and 192.502; (b) Public record exemptions specified in applicable federal laws or regulations; (c) Public record exemptions specified in other applicable Oregon law; (d) Whether a partially exempt public record can be reasonably segregated so as to allow disclosure of an intelligible and undistorted portion of such record while preserving the confidentiality of the exempt portion of such record.