Oregon Administrative Rules
Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY
Division 11 - RULES OF GENERAL APPLICABILITY AND ORGANIZATION
Section 340-011-0340 - Public Records Access and Reproduction: Costs for Record Review and Copying

Universal Citation: OR Admin Rules 340-011-0340

Current through Register Vol. 63, No. 3, March 1, 2024

(1) Outside Copying/Loaning Records - In order to protect the integrity of DEQ records, no records may be loaned or taken off-premises by non- DEQ staff unless DEQ has a contract with the person removing the records.

(2) Hardcopy Records:

(a) Persons Requesting to Make Copies Themselves: Requestors are allowed to use their own equipment to make copies of requested records depending on the facilities available within each DEQ office. Use of non-DEQ equipment within a DEQ office will not be allowed without staff being present. Staff time will be charged at $30.00 per hour. DEQ office may determine that use of non-DEQ equipment will not be allowed based on:
(A) Staff time available to oversee the copying; and

(B) Space limitations for the equipment.

(b) Reimbursement of DEQ staff time: An hourly rate of $30.00 will be assessed for any staff time greater than 15 minutes spent locating records, reviewing records to delete exempt material, supervising the inspection of records, copying records, certifying records, and mailing records. DEQ may charge for the cost of searching for records regardless of whether DEQ was able to locate the requested record.

(c) Reimbursement of Department of Justice Attorney General time: If necessary to respond to a record request, an hourly rate (as of August 2013, $159 for attorneys, $79 for paralegals) will be assessed for any Department of Justice time spent reviewing records to delete exempt material.

(d) Copy Charges: The fee schedule listed below is reasonably calculated to reimburse DEQ for the actual costs of making records available and providing copies of records. The per-page copy charge includes 15 minutes of staff time for routine file searches.
(A) Department Administrative Rule sets:
(i) Complete set: $35.00;

(ii) Update Service: $115.00 (per annum);

(iii) Individual Divisions: $0.05 (per page).

(B) Hardcopy (black and white, letter or legal size): $0.25 per page. Costs for other sized or color copies will be DEQ's actual cost plus staff time.

(C) Additional charges:
(i) Fax charges: $0.50 (per page);

(ii) Document certification: $2.50 (per certificate);

(iii) Invoice processing: $5.00 (per invoice);

(iv) Express Mailing: actual or minimum of $9.00;

(v) Archive Retrieval: actual or minimum of $10.00;

(vi) Onsite wastewater management program public record request: $7.50 base fee.

(e) Whenever reasonable, DEQ will provide double-sided copies of a record request. Each side of a double-sided copy will constitute one page.

(3) Electronic Records:

(a) Copies of requested electronic records may be provided in the format or manner maintained by DEQ. DEQ will perform all downloading, reproducing, formatting and manipulating of records. Public access to DEQ computer terminals may be possible as such terminals become available in the future.

(b) Reimbursement of DEQ staff time: An hourly rate of $40.00 will be assessed for any staff time spent locating records, reviewing records to delete exempt material, supervising the inspection of records, downloading and manipulating records, certifying records and mailing records. DEQ may charge for the cost of searching for records regardless of whether DEQ was able to locate the requested records.

(c) Reimbursement of Department of Justice Attorney General time: If necessary to respond to a record request, an hourly rate (as of August 2013, $159 for attorneys, $79 for paralegals) will be assessed for any Department of Justice time spent reviewing records to delete exempt material.

(d) Hardcopy printouts (black and white; legal or letter size): $0.25 per page. Costs for other sized or color copies will be DEQ's actual cost plus staff time.

(e) Compact disks (CDs) and digital video disks (DVDs): $3.00 each.

(f) Additional charges:
(A) Fax charges: $0.50 (per page);

(B) Document certification: $2.50 (per certificate);

(C) Invoice processing: $5.00 (per invoice);

(D) Express Mailing: actual or minimum of $9.00;

(E) Archive Retrieval: actual or minimum of $10.00.

Statutory/Other Authority: ORS 192.410 - 192.505 & 468.020

Statutes/Other Implemented: ORS 192.440

Disclaimer: These regulations may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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