Definitions under these rules are consistent with ORS 192.311 Definitions for ORS 192.311 to 192.478.

1. (1) “Advocate” means the Public Records Advocate or the Deputy Public Records Advocate as their designee;

2. (2) “Eligible parties” are party to facilitated dispute resolution under ORS 192.464 and include the following:

   1. (a) A requester who seeks to inspect or receive copies of public records from a state agency if the person:

      1. (A) Has been denied access to all or a portion of the records being sought;
      2. (B) Has been denied a fee waiver or reduction in fees after asserting under ORS 192.324(5) that a fee waiver or reduction of fees is in the public interest; or
      3. (C) Received a written fee estimate under ORS 192.324 (Copies or inspection of public records) (4) that the person believes exceeds the actual cost to be incurred by the public body in producing the requested records.

   2. (b) A state agency if, in response to a request for public records, the agency asserts:

      1. (A) That the records being sought are not public records;
      2. (B) That the records being sought are exempt from mandatory disclosure; or
      3. (C) That the agency is, under ORS 192.324 (Copies or inspection of public records), entitled to the fees the agency is seeking to produce the records being requested.
   3. (c) A requester who seeks to inspect or obtain copies of public records from a city;
   4. (d) A “city” as used in this section, is consistent with the definition provided in ORS Chapter 221 (Organization and Government of Cities) and means a city incorporated under ORS 221.020 to 221.100 or proposed to be incorporated.
3. (3) “Facilitated dispute resolution” mean the process for resolving disputes by which the Advocate, serving as an independent neutral third person, assists two or more eligible parties to a public records controversy in reaching a resolution.
4. (4) “The Office” means the Office of the Public Records Advocate;
5. (5) “Public body” includes every state officer, agency, department, division, bureau, board and commission; every county and city governing body, school district, special district, municipal corporation, and any officer, board, department, commission, council or agency thereof, and any other public agency of this state;
6. (6) “Requester” means any individual or organization defined as a “person” under ORS 192.311(3) seeking public records from a public entity;

7. (7) “State agency” means:

   1. (a) Any state officer, department, board or commission created by the Constitution or statutes of this state;

   2. (b) Does not include:

      1. (A) The Legislative Assembly or its committees, officers and employees; or
      2. (B) The Judicial Department or its officers and employees.

Statutory/Other Authority

ORS 192.464 & ORS 192.468

Statutes/Other Implemented

ORS 192.464 & ORS 192.468

History

PRA 1-2025, adopt filed 10/24/2025, effective 11/01/2025