Summary of Proposed Action: Repeal
(eliminate) current rule.
Background: The
current rule has not been amended since 1997 and it is out of date. The agency looked at other agencies to see
what they were charging and borrowed from several of them.
Issues/Concerns that Surfaced (if
any): We have not had a consistent policy or price for charging
for records and services
Changed Since Last Commission Meeting?
¨
N/A; First reading – Hasn’t been before the Commission
þ No;
same as last meeting considered
¨ Yes – As follows:
Fiscal Impact: None
Staff Recommendation:
þ Repeal
rule as presented
¨ Adopt rule in the future
¨
No recommendation
¨ Refer
to public comment
Permanent
Rule to be Repealed
584-001-0015
(REPEAL)
Public
Records and Related Fees for Records and Services
(1) Oregon statutes permit
the Commission to establish fees reasonably calculated to reimburse it for
actual costs in making records and information available to the public,
government agencies, colleges and universities, organizations, or school
districts.
NOTE: See ORS 283.110 regarding charges for state agencies
and ORS 192.440 regarding charges for the public, institutions, and
organizations.
(2) The Commission
reserves the right to not charge for records and information if the cost of fee
collection would exceed the cost of providing the information or when
information is exchanged with the requesting agency, institution, organization,
or district and the Commission, in turn, is not charged for information it
obtains.
(3) In establishing the
cost for records and information, the Commission shall consider computer costs,
staff time, printing and duplicating costs, and overhead. Computer costs
include programming, materials, and computer time. Staff time includes all time
spent in retrieval and duplication of information as well as telephone time,
typing, computer operation, and mailing. Overhead includes bookkeeping and
accounting, postage and mail service, equipment maintenance, central government
services, and general services charges.
(4) The cost of printed
reports and publications shall be established by the Executive Director at the time
of printing, considering the factors listed in section (3) of this rule.
(5) The cost of Chapter
584 of Oregon Administrative Rules shall be $8.00.
(6) The cost of
photocopied records and information shall be 50 cents per page.
(7) The cost of other records
and information shall be established by the Executive Director when the request
is received. Persons requesting the records and information will be informed of
the cost before the services are performed.
Stat. Auth.: ORS 192 &
ORS 283
Stats. Implemented: ORS 192.440 & ORS 283.110
Hist.: TS 2-1982, f. & ef. 4-16-82; TS 1-1986, f. & cert. ef. 1-29-96;
TS 4-1997, f. 9-25-97, cert. ef. 10-4-97