 Notice of Temporary Administrative Order
OAR 165-002-0010
Suspension of Schedule and Fees for Providing Copies of Public Records
The Election Division hereby provides notice of rulemaking activity for OAR 165-002-0010. More information may be found below and on our website.
This temporary rule went into effect July 1, 2026.
RULE TEXT: The rule text may be found at this link.
RULE SUMMARY:
ORS 192.324(7) requires every public body to make available to the public a written procedure for
making public records requests. The Secretary of State now makes this information available on the agency's Public Records Request portal (https://oregonsos.govqa.us/WEBAPP/_rs/) through its Public Records Disclosure Policy (the "Policy"). The Policy contains a section on fees and billing practices, and the agency otherwise charges for public records consistently with the Department of Administrative Services Statewide Policy No. 107-001-030. Therefore, OAR 165-002-0010, which contains a general fee schedule for public records requests, is no longer needed. It is also in conflict with the Policy. Moreover, the rule is outdated in that it references delivery technology that is no longer regularly utilized by the agency (photocopy, facsimile, 3.5-inch computer disk, and compact disk).
NEED FOR TEMPORARY RULE:
This administrative rule is needed to comply with the requirements of SB 1599 which requires the Secretary of State to promulgate rules establishing the deadlines for measure argument filings and any racial and ethnic impact statement. This rule will provide the public with information needed to comply with applicable laws, rules, and deadlines governing this process and will allow the Secretary of State to obtain and maintain uniformity in the application and operation of the State Voters’ Pamphlet filing, production, and translation process.
JUSTIFICATION FOR TEMPORARY RULE:
Failure to suspend this administrative rule promptly will cause confusion for records requestors because it could appear that both the rule and Policy regulate records requests, but they conflict in multiple ways. The Policy on the website fully replaces this rule.
DOCUMENTS RELIED UPON & WHERE THEY ARE AVAILABLE:
The Policy is available at https://oregonsos.govqa.us/WEBAPP/_rs/ or from the Elections Division.
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