1. (1) Parties requesting facilitated dispute resolution shall do so by submitting a written request to the Advocate. The request shall include the following information:

   1. (a) A request for facilitated dispute resolution;
   2. (b) Whether the party seeking facilitated dispute resolution falls within the definition of an eligible party as defined in this rule.

   3. (c) If the party seeking facilitated dispute resolution is a records requester:

      1. (A) The public body that the requester is seeking to inspect or receive copies of public records from; and
      2. (B) If the public body from which the request is seeking to inspect or receive copies of public records from is a city, whether the city has agreed to have the Public Records Advocate facilitate resolution of the dispute;
      3. (C) The records that requester is seeking to inspect or receive copies of;
      4. (D) Whether the requester has submitted a public records request to the public body, including the date of submission;
      5. (E) Whether the requester has been denied access to all or a portion of the records being sought;
      6. (F) Whether the requester 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;
      7. (G) Whether requester has received a written fee estimate under ORS 192.324(4) that the person believes exceeds the actual cost to be incurred by the public body in producing the requested records; and

   4. (d) If the party seeking facilitated dispute resolution is a state agency:

      1. (A) Whether the state agency asserts that the records being sought are not public records;
      2. (B) Whether the state agency asserts that records being sought are exempt from mandatory disclosure; or
      3. (C) Whether the state agency asserts that the agency is entitled to the fees it is seeking to produce the records being requested, consistent with ORS 192.324.
   5. (e) If the party seeking facilitated dispute resolution is a city, whether the person seeking records agrees to have the Public Records Advocate facilitate resolution of the dispute.
   6. (f) The Advocate reserves the discretion to request such other information as may be required to determine whether the dispute is appropriate for facilitated dispute resolution.

2. (2) If the party seeking facilitated dispute resolution is a state agency:

   1. (a) A requester seeking to inspect or receive copies of public records may opt out of facilitated dispute resolution services by giving written notice of this decision within five (5) days of the requester’s receipt of the agency’s request for facilitated dispute resolution.
   2. (b) If written notice is given under this paragraph, the Advocate will not make a determination that the requester has failed to engage in good faith.
   3. (c) The state agency may not deny the request or refuse to disclose the requested records on the basis that the requester has failed to engage in good faith in the facilitated dispute resolution process.

3. (3) Once the Office receives a request for facilitated dispute resolution, the Advocate shall verify the eligibility of the parties to receive facilitated dispute resolution under this section and shall conduct and complete dispute resolution between the parties within 21 days following receipt by the Advocate of all necessary information to verify whether the parties are eligible parties.

   1. (a) If the Office receives incomplete information from a request for facilitated dispute resolution, the Advocate will inform the requester, as soon as is practicable, what additional information is needed. The 21-day period will not begin to run until the requester submits this additional information.

   2. (b) If the request for facilitated dispute resolution involves public records from a city, the Advocate will verify that:

      1. (A) The person seeking records consents to have the Advocate facilitate resolution of the dispute;
      2. (B) The city consents to have the Advocate facilitate resolution of the dispute; and
      3. (C) The Advocate consents to facilitated resolution of the dispute. The Advocate will exercise discretion in making this determination based on the nature of the request, the position of the parties, and the workload of the Office.
   3. (c) The facilitated dispute resolution period may be extended by unanimous agreement among the public records requester, the public body, and the Advocate. If parties fail to reach unanimous agreement to extend the time to complete facilitated dispute resolution and no agreement is reached between the records requester and the state agency or city, the Advocate will prepare a written document memorializing the fact that that parties did not agree to extend the time to complete facilitated dispute resolution.
4. (4) Once the Advocate determines that facilitated dispute resolution is appropriate under ORS 192.464, the Advocate maintains discretion to utilize the full continuum of dispute resolution processes including but not limited to correspondence and discussion between the Advocate and the individual parties involving open and candid discussion, interpretation of applicable public records law, and other communications in furtherance of problem-solving.
5. (5) Once the Advocate begins providing facilitated dispute resolution services for a matter, the Office will no longer provide advisory guidance and advice to the eligible parties as it relates to the matter before the Advocate.

Statutory/Other Authority

ORS 192.464 & ORS 192.468

Statutes/Other Implemented

ORS 192.464, ORS 192.468 & ORS 192.475

History

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