Oregon Revised Statutes

Or. Rev. Stat. § 192.427 (2026)

Procedure to review denial by elected official of right to inspect public records

✓ current as of May 2026

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192.427 Procedure to review denial by elected official of right to inspect public records. In any case in which a person is denied the right to inspect or to receive a copy of a public record in the custody of an elected official, or in the custody of any other person but as to which an elected official claims the right to withhold disclosure, no petition to require disclosure may be filed with the Attorney General or district attorney, or if a petition is filed it shall not be considered by the Attorney General or district attorney after a claim of right to withhold disclosure by an elected official. In such case a person denied the right to inspect or to receive a copy of a public record may institute proceedings for injunctive or declaratory relief in the appropriate circuit court, as specified in ORS 192.401, 192.411 or 192.415, and the Attorney General or district attorney may upon request serve or decline to serve, in the discretion of the Attorney General or district attorney, as counsel in such suit for an elected official for which the Attorney General or district attorney ordinarily serves as counsel. Nothing in this section shall preclude an elected official from requesting advice from the Attorney General or a district attorney as to whether a public record should be disclosed. [Formerly 192.480]

192.430 [1973 c.794 §4; 1989 c.546 §1; renumbered 192.318 in 2017]

Notes of Decisions

Cited in 2 cases (2 in the last 5 years), 2021–2022 · leading case: Bialostosky v. Cummings, 511 P.3d 31 (Or. Ct. App. 2022).

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Bialostosky v. Cummings, 511 P.3d 31 (Or. Ct. App. 2022). · cites it 6× “Cite as 319 Or App 352 (2022) 355 Subsequently, plaintiff filed this action for declaratory and injunctive relief under the Inspection of Public Records law, specifically ORS 192.427 and ORS 192.431.1 Soon after, plaintiff moved for partial summary judgment to establish the…”

Upham v. Forster, 504 P.3d 654 (Or. Ct. App. 2021). “”); ORS 192.427 (providing that, “[i]n any case in which a person is denied the right to inspect or to receive a copy of a public record in the custody of an elected official” the person “may institute proceedings for injunctive or declaratory relief in the appropriate circuit…”

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