Or. Admin. R. 123-047-0080
Records and Data Confidentiality
Effective Nov 14, 2023ORS 285A.075, ORS 285A.166, Oregon Laws 2020, chapter 17, Section 5(2) (First Special Session) (SB 1603) & Oregon Laws 2023, chapter 338 (HB 3201) | Statutes/Other Implemented: Oregon Laws 2020, chapter 17, Section 5(2) (First Special Session) (SB 1603) & Oregon Laws 2023, chapter 338 (HB 3201)Oregon Business Development Department
- (1) Applications and financing contracts will be public records that are subject to disclosure except for material that qualifies under a public records exemption or is otherwise subject to confidentiality protections provided by law. The Department will redact material that is exempt from disclosure under the Oregon Public Records Law.
- (2) When submitting materials to the Department, it is the applicant’s responsibility to mark material believed exempt from disclosure under Oregon Public Records Law. To designate a portion of an application as exempt from disclosure under the Oregon Public Records Law, the applicant shall: (a) Clearly identify in the body of the application or financing contract only the limited material that is believed to be a trade secret or would otherwise be exempt under public records law; (b) Identity the public records law exemption(s) that is believed to apply; and (c) Provide a justification for how each portion designated as exempt meets the criteria under the public records law.
- (3) The Department shall determine whether any information is exempt from disclosure.
- (4) Applicants are advised to consult with legal counsel regarding disclosure issues. Applicants may wish to limit the amount of trade secret information submitted, providing only what is necessary to submit a complete and competitive application.
Statutory/Other Authority
ORS 285A.075, ORS 285A.166, Oregon Laws 2020, chapter 17, Section 5(2) (First Special Session) (SB 1603) & Oregon Laws 2023, chapter 338 (HB 3201)
Statutes/Other Implemented
Oregon Laws 2020, chapter 17, Section 5(2) (First Special Session) (SB 1603) & Oregon Laws 2023, chapter 338 (HB 3201)
History
OBDD 30-2023, adopt filed 11/14/2023, effective 11/14/2023