2017 ORS 192.407¹
Review of public body’s failure to respond or review of public body’s estimated response time
  • timeline for response

(1) A person who has submitted a written public records request in compliance with a public body’s policy may seek review of the following, in the same manner as a person petitions when inspection of a public record is denied under ORS 192.311 (Definitions for ORS 192.311 to 192.478) to 192.478 (Exemption for Judicial Department):

(a) The failure of a public body to provide the response required by ORS 192.329 (Public body’s response to public records request) within the prescribed period. A failure of the public body to timely respond shall be treated as a denial of the request unless the public body demonstrates that compliance was not required under ORS 192.329 (Public body’s response to public records request).

(b) An estimate of time provided by a public body pursuant to ORS 192.329 (Public body’s response to public records request), if the person believes that the estimated time frame for the response is unreasonably long and will result in undue delay of disclosure.

(c) Any other instance in which the person believes that the public body has failed to comply with ORS 192.329 (Public body’s response to public records request).

(2) Except as provided in subsection (3) of this section, the Attorney General, the district attorney and the court have the same authority with respect to petitions under this section as when inspection of a public record is denied.

(3) If the Attorney General, district attorney or a court grants a petition filed under this section, the order granting the petition may require disclosure of nonexempt material responsive to the request within seven days, or within any other period that the Attorney General, district attorney or court concludes is appropriate to comply with ORS 192.329 (Public body’s response to public records request). [2017 c.456 §5]

Note: 192.407 (Review of public body’s failure to respond or review of public body’s estimated response time) was added to and made a part of 192.311 (Definitions for ORS 192.311 to 192.478) to 192.478 (Exemption for Judicial Department) by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

Chapter 192

Atty. Gen. Opinions

Attorney General’s Public Meetings and Records Manual, (1973) Vol 36, p 543; public meetings and records manual, (1976) Vol 37, p 1087; pro­hi­bi­­tion on disclosing marriage records, (1998) Vol 49, p 21

1 Legislative Counsel Committee, CHAPTER 192—Records; Public Reports and Meetings, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors192.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 192, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano192.­html (2017) (last ac­cessed Mar. 30, 2018).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.