Oregon Administrative Rules
Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY
Division 11 - RULES OF GENERAL APPLICABILITY AND ORGANIZATION
Section 340-011-0380 - Fee Waivers and Reductions
Universal Citation: OR Admin Rules 340-011-0380
Current through Register Vol. 63, No. 3, March 1, 2024
(1) Ordinarily there will be no charge for one copy of a public record:
(a) When the
material requested is currently being distributed as part of the public
participation process such as a news release or public notice.
(b) When the material requested has been
distributed through mass mailing and is readily available to DEQ at the time of
request.
(c) When the records
request is made by a local, state, or federal public/governmental entity or a
representative of a public/governmental entity acting in a public function or
capacity. Even if a person qualifies under this subsection, DEQ may still
charge for either record review or copying based on the following factors:
(A) Any financial hardship on DEQ;
(B) The extent of time, expense and
interference with DEQ's regular business;
(C) The volume of the records requested; or
(D) The necessity to segregate
exempt from non-exempt materials.
(2) Public Interest Annual Fee Waivers:
(a) An approved annual fee waiver allows the
requestor to either review or obtain one copy of a requested record at no
charge. Fee waivers are effective for a one year period.
(b) A person including members of the news
media and non-profit organizations may be entitled to an annual fee waiver
provided that a Fee Waiver Form is completed and approved by DEQ. The form must
identify the person's specific ability to disseminate information of the kind
maintained by DEQ to the general public and that such information is generally
in the interest of and benefit to the public within the meaning of the Public
Records Law. Additional information may be requested by DEQ prior to granting
any fee waiver.
(c) Even if a
person has a fee waiver, DEQ may charge for either record review or copying
based on the following factors:
(A) Any
financial hardship on DEQ;
(B) The
extent of time, expense and interference with DEQ's regular business;
(C) The volume of the records
requested;
(D) The necessity to
segregate exempt from non-exempt materials; and
(E) The extent to which the record request
does not further the public interest or the particular needs of the requestor.
(3) Case-by-Case Waivers or Reductions: A person that does not request, or is not approved for an annual waiver, may request a waiver or a reduction of record review or reproduction costs on a case-by-case basis.
Stat. Auth.: ORS 192.410 - 192.505 & 468.020
Stats. 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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