Or. Admin. R. 291-037-0035

Current through Register Vol. 63, No. 8, August 1, 2024

Section 291-037-0035 - Fees and Payment for Public Records

(1) The department's fees for processing and making available nonexempt records include, but is not limited to employee time to search, gather, review, and copy the record(s). The department fee schedule is set out below:

(a) Clerical work at $25 per hour;

(b) Managerial work at $40 per hour;

(c) Professional work at $75 per hour;

(d) Copies at current state printing and distribution price list;

(e) Media costs set in statewide price agreement;

(f) Postage at current postal rates;

(g) If the request requires the department to incur additional costs for services for which no fee has been established (e.g., computer time, travel, shipping costs, communication costs, fees to retrieve records from archives, etc.) the actual cost shall be determined by the department.

(h) Department of Justice, special attorney and other applicable legal fees at the actual hourly rate charged for public records related services for reviewing public records, redacting material from the records or segregating the records into exempt and nonexempt records. These fees shall not include time spent by the attorney advising department employees regarding the application of ORS 192.311 to 192.478.

(2) If the department can process a request for records in less than 30 minutes of employee time, the department will not charge to search, gather, and review the records.

(a) Copy and media costs will be assessed as appropriate.

(b) A flat rate of $5 will be charged for audio recordings for employee time and media costs when it takes less than 30 minutes of employee time to search, gather, copy, and review records. Actual time and fees for media will be charged if over 30 minutes of employee time to search, gather, copy, and review records.

(c) Only one 30-minute fee waiver will be granted to a requester who files fragmented or multiple small requests within a 60-day period that in the aggregate requires more than a half hour of employee time to process.

(3) Except as noted below, no inspection and/or duplication of a record(s) is authorized until payment has been received.

(a) Payments must be received in the form of a money order, cashier's check, or business check made payable to the Oregon Department of Corrections.

(b) An AIC must submit a signed Withdrawal of Funds form (CD 28D) and have sufficient funds on their trust account at the time they make a public records request. The CD28 must clear prior to the release of records.

(4) Fees for inspection and/or duplication by other government agencies or contractors responsible for the treatment of AICs or offenders of the department may be waived.

(5) The fee schedule for copies of AIC health records is established in OAR 291-124-0100.

(6) The fee schedule for copies of AIC trust records is established in OAR 291-158-0015.

Or. Admin. R. 291-037-0035

DOC 2-2022, adopt filed 04/14/2022, effective 4/14/2022

Statutory/Other Authority: ORS 179.040, 192.318, 192.324, 423.020, 423.030 & 423.075

Statutes/Other Implemented: ORS 179.040, 192.318, 192.324, 423.020, 423.030 & 423.075