192.418 Effect
of failure of Attorney General, district attorney or elected official to take
timely action on inspection petition.
(1) The failure of the Attorney General or district attorney to issue an order
under ORS 192.401, 192.411 or 192.415 denying, granting, or denying in part and
granting in part a petition to require disclosure within seven days from the
day of receipt of the petition shall be treated as an order denying the
petition for the purpose of determining whether a person may institute
proceedings for injunctive or declaratory relief under ORS 192.401, 192.411 or
192.415.
(2) The failure
of an elected official to deny, grant, or deny in part and grant in part a
request to inspect or receive a copy of a public record within seven days from
the day of receipt of the request shall be treated as a denial of the request
for the purpose of determining whether a person may institute proceedings for
injunctive or declaratory relief under ORS 192.401, 192.411 or 192.415. [Formerly
192.465]
192.420 [1973 c.794 §3; 1999 c.574 §1;
2003 c.403 §1; renumbered 192.314 in 2017]
Notes of Decisions
Merrick v. City of Portland, 496 P.3d 1085 (Or. Ct. App. 2021).
“Depending on whether the district attorney grants or denies a requester’s petition, or fails to act within seven days, either the city or the requester can institute proceed- ings for injunctive or declaratory relief with the circuit court of the county where the public record…”
Peta v. Ohsu, 346 Or. App. 38 (Or. Ct. App. 2025).
“See ORS 192.418(1) (stating that “[t]he failure of the * * * district attorney to issue an order under ORS 192.”
Bong (D. Or. 2025).
· cites it 2× “She sought declaratory and injunctive relief pursuant to Oregon’s public records laws, Or. Rev. Stat. §§ 192.418 (1), 192.431(1), 192.”
Peta v. Ohsu, 346 Or. App. 38 (Or. Ct. App. 2025).
“See ORS 192.418(1) (stating that “[t]he failure of the * * * district attorney to issue an order under ORS 192.”
Upham v. Forster, 504 P.3d 654 (Or. Ct. App. 2021).
“See ORS 192.418(2) (“The failure of an elected official to 362 Upham v.”
Bong v. Douglas Ed. Serv. Dist., 342 Or. App. 1 (Or. Ct. App. 2025).
“ORS 192.418(2) (if a district attorney fails to act within seven days, “a person may institute proceedings for injunctive or declaratory relief”).”
Or. Rev. Stat. § 192.418(1): 3 cases
Merrick v. City of Portland, 496 P.3d 1085 (Or. Ct. App. 2021).
“Depending on whether the district attorney grants or denies a requester’s petition, or fails to act within seven days, either the city or the requester can institute proceed- ings for injunctive or declaratory relief with the circuit court of the county where the public record…”
Peta v. Ohsu, 346 Or. App. 38 (Or. Ct. App. 2025).
“See ORS 192.418(1) (stating that “[t]he failure of the * * * district attorney to issue an order under ORS 192.”
Peta v. Ohsu, 346 Or. App. 38 (Or. Ct. App. 2025).
“See ORS 192.418(1) (stating that “[t]he failure of the * * * district attorney to issue an order under ORS 192.”
Or. Rev. Stat. § 192.418(2): 2 cases
Upham v. Forster, 504 P.3d 654 (Or. Ct. App. 2021).
“See ORS 192.418(2) (“The failure of an elected official to 362 Upham v.”
Bong v. Douglas Ed. Serv. Dist., 342 Or. App. 1 (Or. Ct. App. 2025).
“ORS 192.418(2) (if a district attorney fails to act within seven days, “a person may institute proceedings for injunctive or declaratory relief”).”
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