Or. Rev. Stat. § 308.413

Confidential information furnished under ORS 308.411; exception; rules

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308.413 Confidential information furnished under ORS 308.411; exception; rules. (1) Any information furnished to the county assessor or to the Department of Revenue under ORS 308.411 which is obtained upon the condition that it be kept confidential shall be confidential records of the office in which the information is kept, except as follows:

(a) All information furnished to the county assessor shall be available to the department and all information furnished to the department shall be available to the county assessor.

(b) All information furnished to the county assessor or department shall be available to any reviewing authority in any subsequent appeal.

(c) The department may publish statistics based on the information furnished if the statistics are so classified as to prevent the identification of the particular industrial plant.

(2) The Department of Revenue shall make rules governing the confidentiality of information under this section.

(3) Each officer or employee of the Department of Revenue or the office of the county assessor to whom disclosure or access of the information made confidential under subsection (1) of this section is given, prior to beginning employment or the performance of duties involving such disclosure, shall be advised in writing of the provisions of this section and ORS 308.990 (5) relating to penalties for the violation of this section, and shall as a condition of employment or performance of duties execute a certificate for the department or the assessor in a form prescribed by the department, stating in substance that the person has read this section and ORS 308.990 (5), that these sections have been explained to the person and that the person is aware of the penalties for violation of this section. [1981 c.139 §3]

Note: See note under 308.408.

308.415 [Amended by 1967 c.105 §2; 1975 c.780 §7; repealed by 1979 c.689 §27]

DESTROYED OR DAMAGED PROPERTY

Notes of Decisions

Cited in 6 cases, 1986–1998 · leading case: SIMPLOT CO. v. Dept. of Rev.

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SIMPLOT CO. v. Dept. of Rev. (1995) or “However, information furnished pursuant to subsection (4) of this section is available to the county assessor and to the department for purposes of preparing valuations of other industrial plants, subject to the provisions of ORS 308.413. "(9) Nothing in this section shall…”

Union Pacific Railroad v. Department of Revenue (1986) ortc “ORS 308.413. The Department of Revenue, as a general policy, will treat as confidential: “Any information * * * voluntarily submitted to the department in confidence and not otherwise required by law to be submitted when such information should reasonably be considered…”

Lamb-Weston, Inc. v. Department of Revenue (1990) ortc “” Oregon statutes specifically provide confidentiality to information found in income tax returns (ORS 314.835) and personal property tax returns (ORS 308.”

J. R. Simplot Co. v. Department of Revenue (1995) or “However, information furnished pursuant to subsection (4) of this section is available to the county assessor and to the department for purposes of preparing valuations of other industrial plants, subject to the provisions of ORS 308.413. “(9) Nothing in this section shall…”

D. R. Johnson Lumber Co. v. Department of Revenue (1993) ortc “408 through ORS 308.413 are provisions designed to allow the owners of industrial plants to keep operating income and expense information confidential.”

Grant County Assessor v. Department of Revenue (1998) ortc “408 through ORS 308.413 allows the owner of an industrial plant to avoid disclosing its operating income and expenses to the tax authorities.”

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