Posted in on June 29, 2017
Not automatically. While indigence is a factor that a public body may consider in deciding whether to grant a request for a fee waiver under ORS 192.440, the overriding factor is the public interest. See discussion of Fee Waiver.
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Yes. This activity is an essential part of making records available for inspection, and the public body is entitled to recover its actual cost. (If the public body is a state agency, it must adopt a rule establishing the basis... View Article
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Yes, but only if that amount reasonably reflects its actual cost including the time of the person locating and copying the record, plus administrative overhead. See also next question. A public body may not charge more than its actual cost... View Article
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No. A public body may require prepayment of estimated fees, but the law does not mandate that it do so. However the law authorizes a public body to charge a fee in excess of $25 only if it first provides... View Article
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Yes. In fact, it is a good idea to have one person responsible for coordinating public records requests, so long as that arrangement will not result in unnecessary delay.
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Under federal law the owner of a copyright has the exclusive right to reproduce or distribute copyrighted work, although others may copy a limited amount of the work under the “fair use” doctrine. 17 USC §§ 106, 107, 501. The... View Article
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No. A public body is only required to make nonexempt records that are in the public body ’s possession at the time the request is made. Persons seeking to inspect or to obtain copies of records of a public body... View Article
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Generally, no. A public body is required to allow inspection (subject to applicable exemptions) of any public records in its possession. However,the Public Records Law does require public bodies to use computer software or programs to retrieve and make available... View Article
