Oregon
Oregon Public Records Law
ORS 192.311-192.478
Transparency Score: 62/100
Response Timeline
No fixed statutory response deadline. Agencies must respond within a 'reasonable' time. Public Records Advocate can facilitate resolution within 21 days (extendable by parties) (ORS 192.464(7)). For state agencies, failure to comply with AG order within 7 days triggers mandatory attorney fee liability (ORS 192.431(3)).
No residency or citizenship requirement. 'Every person, regardless of nationality or residency' may request records (ORS 192.314(1)).
How to Submit a Request
Accepted Methods
No specific form required. Agencies must provide records in requested format if available (ORS 192.324(3)). May require advance payment of estimated costs.
Required Elements
- Description of records sought
Optional Elements
- Preferred format
- Contact information for fee estimates
Fees
| Fee Type | Amount | Notes |
|---|---|---|
| Copies (per page) | USD192.32 |
Fees must be reasonable with specific supporting data (burden on agency to justify). Cannot charge for attorney time spent determining exemptions. Advance payment permitted. Refunds required for overestimates.
Fee Waivers
- Fee waiver available where disclosure 'primarily benefits the general public' (ORS 192.324(5))
- Agencies with statutorily/constitutionally dedicated funds cannot waive fees
Public interest waiver available. Must be reasonable. Agencies funded by dedicated funds (not general fund) are prohibited from waiving fees.
Exemptions
-
Litigation records (ORS 192.345(1)) - conditional, requires public interest balancing
-
Trade secrets (ORS 192.345(2)) - conditional
-
Criminal investigatory information (ORS 192.345(3)) - conditional
-
Examination materials (ORS 192.345(4)) - conditional
-
Personnel discipline records (ORS 192.345(12)) - conditional
-
Security and infrastructure vulnerabilities (ORS 192.345(22)-(23)) - conditional
-
Police body camera recordings (ORS 192.345(40)) - conditional
-
Advisory communications (ORS 192.355(1)) - absolute/self-balancing
-
Personal information and privacy (ORS 192.355(2)) - absolute/self-balancing
-
Employee contact information (ORS 192.355(3)) - absolute/self-balancing
Oregon distinguishes between conditional exemptions (ORS 192.345, requiring public interest balancing) and absolute/self-balancing exemptions (ORS 192.355). Conditional exemptions must be weighed against public interest in disclosure. Exemptions 'strictly construed in favor of disclosure' with narrow construction rule.
Appeal Process
1
For state agencies: petition Attorney General for review (ORS 192.411(1)). AG issues order within reasonable time. If agency fails to comply within 7 days, mandatory attorney fees apply regardless of litigation outcome.
2
For local public bodies: petition district attorney for review (ORS 192.415). DA issues order on compliance.
3
Public Records Advocate facilitates dispute resolution by mutual agreement (ORS 192.461-192.475). 21-day resolution timeline, extendable.
4
File civil suit for wrongful denial, excessive fees, or unreasonable delays. Court may order disclosure and award attorney fees. Agency bears burden of proving exemption.
Oregon has a robust multi-tier system: AG review for state agencies, DA review for local bodies, Public Records Advocate for facilitated resolution, and court action. The 7-day compliance trigger for mandatory attorney fees after AG order is a powerful enforcement mechanism unique to Oregon.
Request Templates
NFOIC Oregon Sample Request →
National Freedom of Information Coalition
Oregon Public Records Advocate →
Oregon Public Records Advocate
RCFP Open Government Guide - Oregon →
Reporters Committee for Freedom of the Press
MuckRock Oregon Guide →
MuckRock
Records Retention
ORS 192.105-192.170
The State Archivist grants specific or continuing authorization for retention or disposition, considering legal, administrative, fiscal, tribal cultural, historical, and research value. Each state agency and political subdivision must designate a records officer. General Records Retention Schedules are published as Oregon Administrative Rules. Records subject to federal audit may not be destroyed until released by auditor.