1. (1) Unless otherwise exempt, documents; data and information regarding a Program applicant or recipient, proposed project or Program project in an application; application attachment; Financing Contract; semiannual report; or other related materials or communications provided to the Department, are all public records subject to disclosure under Oregon Public Records Law.
2. (2) Section (1) of this rule applies notwithstanding a nondisclosure agreement between the provider and the Department, but such an agreement may nevertheless spell out data or information anticipated to be exempt under the Oregon Public Records Law, including but not limited to trade secrets as described in the public records law or confidential information under ORS 192.355(4), as may facilitate the Department’s reviews of later disclosure requests.

3. (3) When providing items referenced in subsection (1) of this rule, the provider is encouraged to clearly denote data and information that the provider believes qualifies for an exemption from disclosure. To designate an item or portion of one as exempt from disclosure, the provider shall:

   1. (a) Clearly identify in the body of the application, application attachment, Financing Contract, report or other material only the limited data or information believed exempt;
   2. (b) Stipulate the Oregon Public Records Law exemption(s) or other exemption believed to apply; and
   3. (c) Provide justification for how each identified portion meets that exemption’s criteria.
4. (4) The Department shall determine whether data or any information is actually exempt from disclosure and shall redact from disclosure only that data or information at the time of the request.
5. (5) Program applicants and recipients are advised to consult with their own legal counsel regarding disclosure issues. Applicants may wish to limit the amount of actual trade secret or other data or information provided to the Department, submitting only what is necessary.

Statutory/Other Authority

ORS 285A.075

Statutes/Other Implemented

ORS 192.355

History

OBDD 3-2026, temporary adopt filed 02/04/2026, effective 02/04/2026 through 07/31/2026