192.411
Petition to review denial of right to inspect state public record; appeal from
decision of Attorney General denying inspection. (1) Subject to ORS 192.401 (1) and
192.427, any person denied the right to inspect or to receive a copy of any
public record of a state agency may petition the Attorney General to review the
public record to determine if it may be withheld from public inspection. Except
as provided in ORS 192.401 (2), the burden is on the agency to sustain its
action. Except as provided in ORS 192.401 (2), the Attorney General shall issue
an order denying or granting the petition, or denying it in part and granting
it in part, within seven days from the day the Attorney General receives the
petition.
(2) If the
Attorney General grants the petition and orders the state agency to disclose
the public record, or if the Attorney General grants the petition in part and
orders the state agency to disclose a portion of the public record, the state
agency shall comply with the order in full within seven days after issuance of
the order, unless within the seven-day period it issues a notice of its
intention to institute proceedings for injunctive or declaratory relief in the
Circuit Court for Marion County or, as provided in ORS 192.401 (3), in the
circuit court of the county where the public record is held. Copies of the
notice shall be sent to the Attorney General and by certified mail to the
petitioner at the address shown on the petition. The state agency shall
institute the proceedings within seven days after it issues its notice of
intention to do so. If the Attorney General denies the petition in whole or in
part, or if the state agency continues to withhold the public record or a part
of it notwithstanding an order to disclose by the Attorney General, the person
seeking disclosure may institute such proceedings.
(3) The Attorney
General shall serve as counsel for the state agency in a suit filed under
subsection (2) of this section if the suit arises out of a determination by the
Attorney General that the public record should not be disclosed, or that a part
of the public record should not be disclosed if the state agency has fully
complied with the order of the Attorney General requiring disclosure of another
part or parts of the public record, and in no other case. In any case in which
the Attorney General is prohibited from serving as counsel for the state
agency, the agency may retain special counsel. [Formerly subsections (1) to (3)
of 192.450]
Notes of Decisions
Merrick v. City of Portland, 496 P.3d 1085 (Or. Ct. App. 2021).
· cites it 3× “ORS 192.411; ORS 192.415(1)(a) (providing that, if the public body is not a state agency, the requester should petition the district attorney of the county where the public body is located, rather than the Attorney General).”
Bialostosky v. Cummings, 511 P.3d 31 (Or. Ct. App. 2022).
“As noted in Frohnmayer, the administrative review process is bifurcated—appeals from denials of disclosure from state agencies are considered by the Attorney General, while those issues for public bodies other than state agen- cies are considered by the district attorney.”
City of Portland v. Bartlett, 468 P.3d 980 (Or. Ct. App. 2020).
“2 Under ORS 192.411 and ORS 192.415, the district attorney had authority to review the denial of defendant’s request and to issue an order granting or denying the request.”
Chaimov v. Dept. of Admin. Servs., 498 P.3d 830 (Or. Ct. App. 2021).
· cites it 2× “” As permitted by ORS 192.411, plaintiff filed a peti- tion with the Attorney General, seeking an order requiring DAS to produce copies of the request forms.”
Peta v. Ohsu, 346 Or. App. 38 (Or. Ct. App. 2025).
· cites it 2× “For example, under ORS 192.411(1), if Cite as 346 Or App 38 (2025) 47 a public body “denie[s] [a requester] the right to inspect or to receive a copy of any public record,” then the requester may “petition the Attorney General to review the public record to determine if it may…”
Oregon Pub. Broad. v. Dept. of Corr., 350 Or. App. 590 (Or. Ct. App. 2026).
· cites it 2× “OPB petitioned the Attorney General for review of ODOC’s decision, as permitted by ORS 192.411(1). Citing the Attorney General’s Public Records and Meetings Manual, the Attorney General denied the petition.”
Peta v. Ohsu, 346 Or. App. 38 (Or. Ct. App. 2025).
· cites it 2× “For example, under ORS 192.411(1), if a public body “denie[s] [a requester] the right to inspect or to receive a copy of any public record,” then the requester may “petition the Attorney General to review the public record to Cite as 346 Or App 38 (2025) 47 determine if it may…”
Oregon Pub. Broad. v. Dept. of Corr., 350 Or. App. 590 (Or. Ct. App. 2026).
· cites it 2× “OPB petitioned the Attorney General for review of ODOC’s decision, as permitted by ORS 192.411(1). Citing the Attorney General’s Public Records and Meetings Manual, the Attorney General denied the petition.”
Nilsson v. Baker Cnty., Oregon (D. Or. 2022).
“415 (referencing ORS 192.411). Here, Plaintiff was not the individual who requested the records that were allegedly withheld.”
— Or. Rev. Stat. § 192.411(1) — 6 cases
Merrick v. City of Portland, 496 P.3d 1085 (Or. Ct. App. 2021).
“ORS 192.411; ORS 192.415(1)(a) (providing that, if the public body is not a state agency, the requester should petition the district attorney of the county where the public body is located, rather than the Attorney General).”
Peta v. Ohsu, 346 Or. App. 38 (Or. Ct. App. 2025).
“For example, under ORS 192.411(1), if Cite as 346 Or App 38 (2025) 47 a public body “denie[s] [a requester] the right to inspect or to receive a copy of any public record,” then the requester may “petition the Attorney General to review the public record to determine if it may…”
Oregon Pub. Broad. v. Dept. of Corr., 350 Or. App. 590 (Or. Ct. App. 2026).
“OPB petitioned the Attorney General for review of ODOC’s decision, as permitted by ORS 192.411(1). Citing the Attorney General’s Public Records and Meetings Manual, the Attorney General denied the petition.”
Peta v. Ohsu, 346 Or. App. 38 (Or. Ct. App. 2025).
“For example, under ORS 192.411(1), if a public body “denie[s] [a requester] the right to inspect or to receive a copy of any public record,” then the requester may “petition the Attorney General to review the public record to Cite as 346 Or App 38 (2025) 47 determine if it may…”
— Or. Rev. Stat. § 192.411(2) — 6 cases
Merrick v. City of Portland, 496 P.3d 1085 (Or. Ct. App. 2021).
“ORS 192.411; ORS 192.415(1)(a) (providing that, if the public body is not a state agency, the requester should petition the district attorney of the county where the public body is located, rather than the Attorney General).”
Chaimov v. Dept. of Admin. Servs., 498 P.3d 830 (Or. Ct. App. 2021).
“” As permitted by ORS 192.411, plaintiff filed a peti- tion with the Attorney General, seeking an order requiring DAS to produce copies of the request forms.”
Peta v. Ohsu, 346 Or. App. 38 (Or. Ct. App. 2025).
“For example, under ORS 192.411(1), if Cite as 346 Or App 38 (2025) 47 a public body “denie[s] [a requester] the right to inspect or to receive a copy of any public record,” then the requester may “petition the Attorney General to review the public record to determine if it may…”
Oregon Pub. Broad. v. Dept. of Corr., 350 Or. App. 590 (Or. Ct. App. 2026).
“OPB petitioned the Attorney General for review of ODOC’s decision, as permitted by ORS 192.411(1). Citing the Attorney General’s Public Records and Meetings Manual, the Attorney General denied the petition.”
Peta v. Ohsu, 346 Or. App. 38 (Or. Ct. App. 2025).
“For example, under ORS 192.411(1), if a public body “denie[s] [a requester] the right to inspect or to receive a copy of any public record,” then the requester may “petition the Attorney General to review the public record to Cite as 346 Or App 38 (2025) 47 determine if it may…”
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