192.324 Copies
or inspection of public records; public body response; fees; procedure for
records requests.
(1) A public body that is the custodian of any public record that a person has
a right to inspect shall give the person, upon receipt of a written request:
(a) A copy of the
public record if the public record is of a nature permitting copying; or
(b) A reasonable
opportunity to inspect or copy the public record.
(2) If an
individual who is identified in a public body’s procedure described in
subsection (7)(a) of this section receives a written request to inspect or
receive a copy of a public record, the public body shall within five business
days after receiving the request acknowledge receipt of the request or complete
the public body’s response to the request. An acknowledgment under this
subsection must:
(a) Confirm that
the public body is the custodian of the requested record;
(b) Inform the
requester that the public body is not the custodian of the requested record; or
(c) Notify the
requester that the public body is uncertain whether the public body is the
custodian of the requested record.
(3) If the public
record is maintained in a machine readable or electronic form, the public body
shall provide a copy of the public record in the form requested, if available.
If the public record is not available in the form requested, the public body shall
make the public record available in the form in which the public body maintains
the public record.
(4)(a) The public
body may establish fees reasonably calculated to reimburse the public body for
the public body’s actual cost of making public records available, including
costs for summarizing, compiling or tailoring the public records, either in
organization or media, to meet the request.
(b) The public
body may include in a fee established under paragraph (a) of this subsection
the cost of time spent by an attorney for the public body in reviewing the
public records, redacting material from the public records or segregating the
public records into exempt and nonexempt records. The public body may not
include in a fee established under paragraph (a) of this subsection the cost of
time spent by an attorney for the public body in determining the application of
the provisions of ORS 192.311 to 192.478.
(c) The public
body may not establish a fee greater than $25 under this section unless the
public body first provides the requester with a written notification of the
estimated amount of the fee and the requester confirms that the requester wants
the public body to proceed with making the public record available.
(d)
Notwithstanding paragraphs (a) to (c) of this subsection, when the public
records are those filed with:
(A) The Secretary
of State under ORS chapter 79A or ORS 81.230 to 81.263, the fees for furnishing
copies, summaries or compilations of the public records are the fees
established by the Secretary of State by rule under ORS chapter 79A or ORS
81.230 to 81.263.
(B) A county
clerk, the fees for copies of records are the fees established under ORS
205.320.
(5) The custodian
of a public record may furnish copies without charge or at a substantially
reduced fee if the custodian determines that the waiver or reduction of fees is
in the public interest because making the record available primarily benefits
the general public.
(6) A requester
who believes that there has been an unreasonable denial of a fee waiver or fee
reduction may petition the Attorney General or the district attorney in the
same manner as a requester who petitions when inspection of a public record is
denied under ORS 192.311 to 192.478. The Attorney General, the district
attorney and the court have the same authority in instances when a fee waiver
or reduction is denied as when inspection of a public record is denied.
(7) A public body
shall make available to the public a written procedure for making public
records requests that includes:
(a) The name of
one or more individuals within the public body to whom public records requests
may be sent, with addresses; and
(b) The amounts
of and the manner of calculating fees that the public body charges for
responding to requests for public records.
(8) This section
does not apply to signatures of individuals submitted under ORS chapter 247 for
purposes of registering to vote as provided in ORS 247.973. [Formerly 192.440;
2025 c.30 §1]
Notes of Decisions
Merrick v. City of Portland, 496 P.3d 1085 (Or. Ct. App. 2021).
· cites it 3× “ORS 192.324(4)(a).8 The public body may also furnish copies at a substantially reduced fee if it determines that the waiver or reduction of fees is in the public interest.”
State v. Chapman, 478 P.3d 960 (Or. 2020).
“In fact, in a variety of statutes that use the passive “calculated” with a complemen- tary infinitive, the word is either evidently used or has been deemed by this court to be used to convey active evaluation and intention.”
Kessler v. City of Portland, 340 Or. App. 185 (Or. Ct. App. 2025).
“See ORS 192.324(4)(a) (providing that a “public body may establish fees reasonably calculated to reimburse the public body for the public body’s actual cost of making public records available”); Kluge v.”
Peta v. Ohsu, 346 Or. App. 38 (Or. Ct. App. 2025).
· cites it 2× “See ORS 192.324(2) (public body must either acknowledge receipt of a writ- ten public records request or complete the response to the request within five business days); ORS 192.”
Kessler v. City of Portland, 340 Or. App. 185 (Or. Ct. App. 2025).
“See ORS 192.324(4)(a) (providing that a “public body may establish fees reasonably calculated to reimburse the public body for the public body’s actual cost of making public records available”); Kluge v.”
Upham v. Hummel, 508 P.3d 75 (Or. Ct. App. 2022).
· cites it 5× “See ORS 192.324(2) (public body must acknowledge receipt of a written public records request within five days); ORS 192.”
Bong v. Douglas Ed. Serv. Dist., 342 Or. App. 1 (Or. Ct. App. 2025).
· cites it 3× “On appeal, plaintiff con- tends that ESD’s cost estimate to produce records was not reasonably related to the actual cost of producing the records in violation of ORS 192.324(4)(a), and that ESD’s refusal to produce records within its custody violates ORS 192.”
Peta v. Ohsu, 346 Or. App. 38 (Or. Ct. App. 2025).
· cites it 2× “See ORS 192.324(2) (public body must either acknowledge receipt of a written public records request or complete the response to the request within five business days); ORS 192.”
State v. Hemion, 374 Or. 433 (Or. 2025).
“See ORS 192.324(1) (right to inspect records of “public body” is ini- tiated by request in writing).”
— Or. Rev. Stat. § 192.324(1) — 1 case
State v. Hemion, 374 Or. 433 (Or. 2025).
“See ORS 192.324(1) (right to inspect records of “public body” is ini- tiated by request in writing).”
— Or. Rev. Stat. § 192.324(2) — 3 cases
Peta v. Ohsu, 346 Or. App. 38 (Or. Ct. App. 2025).
“See ORS 192.324(2) (public body must either acknowledge receipt of a writ- ten public records request or complete the response to the request within five business days); ORS 192.”
Peta v. Ohsu, 346 Or. App. 38 (Or. Ct. App. 2025).
“See ORS 192.324(2) (public body must either acknowledge receipt of a written public records request or complete the response to the request within five business days); ORS 192.”
Upham v. Hummel, 508 P.3d 75 (Or. Ct. App. 2022).
“See ORS 192.324(2) (public body must acknowledge receipt of a written public records request within five days); ORS 192.”
— Or. Rev. Stat. § 192.324(4) — 1 case
Upham v. Hummel, 508 P.3d 75 (Or. Ct. App. 2022).
“See ORS 192.324(2) (public body must acknowledge receipt of a written public records request within five days); ORS 192.”
— Or. Rev. Stat. § 192.324(4)(a) — 6 cases
Merrick v. City of Portland, 496 P.3d 1085 (Or. Ct. App. 2021).
“ORS 192.324(4)(a).8 The public body may also furnish copies at a substantially reduced fee if it determines that the waiver or reduction of fees is in the public interest.”
State v. Chapman, 478 P.3d 960 (Or. 2020).
“In fact, in a variety of statutes that use the passive “calculated” with a complemen- tary infinitive, the word is either evidently used or has been deemed by this court to be used to convey active evaluation and intention.”
Kessler v. City of Portland, 340 Or. App. 185 (Or. Ct. App. 2025).
“See ORS 192.324(4)(a) (providing that a “public body may establish fees reasonably calculated to reimburse the public body for the public body’s actual cost of making public records available”); Kluge v.”
Kessler v. City of Portland, 340 Or. App. 185 (Or. Ct. App. 2025).
“See ORS 192.324(4)(a) (providing that a “public body may establish fees reasonably calculated to reimburse the public body for the public body’s actual cost of making public records available”); Kluge v.”
Bong v. Douglas Ed. Serv. Dist., 342 Or. App. 1 (Or. Ct. App. 2025).
“On appeal, plaintiff con- tends that ESD’s cost estimate to produce records was not reasonably related to the actual cost of producing the records in violation of ORS 192.324(4)(a), and that ESD’s refusal to produce records within its custody violates ORS 192.”
— Or. Rev. Stat. § 192.324(4)(b) — 1 case
Merrick v. City of Portland, 496 P.3d 1085 (Or. Ct. App. 2021).
“ORS 192.324(4)(a).8 The public body may also furnish copies at a substantially reduced fee if it determines that the waiver or reduction of fees is in the public interest.”
— Or. Rev. Stat. § 192.324(5) — 2 cases
Merrick v. City of Portland, 496 P.3d 1085 (Or. Ct. App. 2021).
“ORS 192.324(4)(a).8 The public body may also furnish copies at a substantially reduced fee if it determines that the waiver or reduction of fees is in the public interest.”
Upham v. Hummel, 508 P.3d 75 (Or. Ct. App. 2022).
“See ORS 192.324(2) (public body must acknowledge receipt of a written public records request within five days); ORS 192.”
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