Summary of Proposed Action: Adopt
new rule for fees for public records and related services.
Background: The
current rule (584-001-0015) is very outdated and doesn’t cover the more modern
way of providing records via digital data and other methods.
Issues/Concerns that Surfaced (if
any):
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: N/A
Staff Recommendation:
þ
Adopt rule as presented
¨ Adopt
rule in the future
¨ No
recommendation
¨
File as Temporary Rule and Refer
Rule to Public Comment
Permanent Rule for
Adoption
584-001-0016 (new rule)
Fees for Public Records and Related Services
(1) The Commission may establish fees for providing
access to public records in paper, electronic or other format. These fees will
be reasonably calculated to reimburse the Commission for costs of providing and
conveying the public records. The
Commission shall provide information in accordance with public records
disclosure rules as established in Chapter 192 of the Oregon Revised Statutes.
NOTE: See ORS 283.110 regarding charges for providing records to state
agencies.
(2) In establishing the fees for public records, the
Commission will consider:
(a) Printing and duplicating costs;
(b) Staff time, including but not limited to, all time
spent in retrieval, duplication and compilation of information, telephone time,
typing, computer operation and mailing;
(c) Electronic Services, including but not limited to,
programming, materials, and computer time; and
(d) Overheard, including but not limited to,
bookkeeping and accounting, attorney fees as permitted under ORS 192.440,
postage and mail services, equipment maintenance, central government services,
and general service charges.
(3) The Commission may waive or reduce fees for public
records upon written request if the Commission determines that making the
record available primarily benefits the general public.
(4) Fees for copies and related services:
(a) Photocopies (single or double-sided): $5 plus 20 cents per page
(black and white) and $5 plus 30 cents per page if requested in color;
(b) Facsimile: $5.00 1st
page, $1 per page thereafter;
(c) Postage/Freight: First
Class or Bulk rate based on weight;
(d) Record Search Charges: In
addition to photocopying or other duplication charges, the following staff time
charges:
(A) Clerical -- $20 per hour.
(B) Administrative -- $40 per hour.
(C) Executive -- $50 per hour.
(e) Data Order Charges:
(A) Standard Licensee Data Order – $150 each.
(B) Custom Licensee Data Order – $150 + $40 per hour administrative
time.
(f) Address Label Disk – $100 each.
(5) The cost of a request for public records not
listed in section (4) of this rule shall be determined by the Executive
Director at the time of the request, considering the factors listed in section
(2) of this rule. If the estimated fee of a request exceeds $25, the Commission
will provide written notice to the requestor and will not act further to
respond to the request until the requestor notifies the Commission, in writing,
to proceed with making the records available.
(6) No additional fee will
be charged for providing records or documents in an alternative format when
required by the Americans with Disabilities Act.
(7) Requests for public records may be verbal;
however, the Commission may require the request to:
(a) Be in writing;
(b) Be delivered to the
Commission’s office (by person, U.S. Mail, FAX, email or other electronic
means);
(c) Be dated;
(d) Be signed;
(e) Adequately describe
the records being requested; or
(f) Indicate the date the
records are needed.
(8) Electronic Records: Copies of requested electronic records may be
provided in the format or manner maintained by the Commission. The Commission
will perform all downloading, reproducing, formatting, and manipulating of
records. Due to the threat of computer virus, the Commission
will not permit requestors to provide flash drives or other electronic media
for electronic reproduction of computer records.
(9) All fees
and charges must be paid in advance of releasing the requested public records.
Stat. Auth.: ORS 192 & ORS 283
Stats. Implemented: ORS 192.440 & ORS 283.110
Hist.: