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Safe Access Now Reps Outside of California

Oregon: Curry and Josephine Counties: Point Person: Doug McCarty, mmjpolicywatch@earthlink.net 707-464-4171

Oregon State Medical Marijuana Law

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GOVERNMENT CODE 6253. (a) Public records are open to inspection at all times duringthe office hours of the state or local agency and every person has aright to inspect any public record, except as hereafter provided.Any reasonably segregable portion of a record shall be available forinspection by any person requesting the record after deletion of theportions that are exempted by law.

(b) Except with respect to public records exempt from disclosureby express provisions of law, each state or local agency, upon arequest for a copy of records that reasonably describes anidentifiable record or records, shall make the records promptlyavailable to any person upon payment of fees covering direct costs ofduplication, or a statutory fee if applicable. Upon request, anexact copy shall be provided unless impracticable to do so.

(c) Each agency, upon a request for a copy of records, shall,within 10 days from receipt of the request, determine whether therequest, in whole or in part, seeks copies of disclosable publicrecords in the possession of the agency and shall promptly notify theperson making the request of the determination and the reasonstherefor. In unusual circumstances, the time limit prescribed inthis section may be extended by written notice by the head of theagency or his or her designee to the person making the request,setting forth the reasons for the extension and the date on which adetermination is expected to be dispatched. No notice shall specifya date that would result in an extension for more than 14 days. Whenthe agency dispatches the determination, and if the agencydetermines that the request seeks disclosable public records, theagency shall state the estimated date and time when the records willbe made available. As used in this section, "unusual circumstances" means the following, but only to the extent reasonably necessary tothe proper processing of the particular request:

(1) The need to search for and collect the requested records fromfield facilities or other establishments that are separate from theoffice processing the request.

(2) The need to search for, collect, and appropriately examine avoluminous amount of separate and distinct records that are demandedin a single request.

(3) The need for consultation, which shall be conducted with allpracticable speed, with another agency having substantial interest inthe determination of the request or among two or more components ofthe agency having substantial subject matter interest therein.

(4) The need to compile data, to write programming language or acomputer program, or to construct a computer report to extract data.

(d) Nothing in this chapter shall be construed to permit an agencyto delay or obstruct the inspection or copying of public records.The notification of denial of any request for records required bySection 6255 shall set forth the names and titles or positions of each person responsible for the denial.

(e) Except as otherwise prohibited by law, a state or local agency may adopt requirements for itself that allow for faster, more efficient, or greater access to records than prescribed by the minimum standards set forth in this chapter.

6253.1. (a) When a member of the public requests to inspect a public record or obtain a copy of a public record, the public agency, in order to assist the member of the public make a focused and effective request that reasonably describes an identifiable record or records, shall do all of the following, to the extent reasonable under the circumstances:

(1) Assist the member of the public to identify records and information that are responsive to the request or to the purpose of the request, if stated.

(2) Describe the information technology and physical location in which the records exist.

(3) Provide suggestions for overcoming any practical basis for denying access to the records or information sought.

(b) The requirements of paragraph (1) of subdivision (a) shall be deemed to have been satisfied if the public agency is unable to identify the requested information after making a reasonable effort to elicit additional clarifying information from the requester that will help identify the record or records.

(c) The requirements of subdivision (a) are in addition to any action required of a public agency by Section 6253.

(d) This section shall not apply to a request for public records if any of the following applies:

(1) The public agency makes available the requested records pursuant to Section 6253.

(2) The public agency determines that the request should be denied and bases that determination solely on an exemption listed in Section 6254.

(3) The public agency makes available an index of its records.

6253.2. (a) Notwithstanding any other provision of this chapter to the contrary, information regarding persons paid by the state to provide in-home supportive services pursuant to Article 7 (commencing with Section 12300) of Chapter 3 of Part 3 of Division 9 of the Welfare and Institutions Code or personal care services pursuant to Section 14132.95 of the Welfare and Institutions Code, shall not be subject to public disclosure pursuant to this chapter, except as provided in subdivision (b).

(b) Copies of names, addresses, and telephone numbers of persons described in subdivision (a) shall be made available, upon request, to an exclusive bargaining agent and to any labor organization seeking representation rights pursuant to subdivision (c) of Section 12301.6 or Section 12302 of the Welfare and Institutions Code or Chapter 10 (commencing with Section 3500) of Division 4 of Title 1.

This information shall not be used by the receiving entity for any purpose other than the employee organizing, representation, and assistance activities of the labor organization.

(c) This section shall apply solely to individuals who provide services under the In-Home Supportive Services Program (Article 7 (commencing with Section 12300) of Chapter 3 of Part 3 of Division 9 of the Welfare and Institutions Code) or the Personal Care Services Program pursuant to Section 14132.95 of the Welfare and Institutions Code.

(d) Nothing in this section is intended to alter or shall be interpreted to alter the rights of parties under the Meyers-Milias-Brown Act (Chapter 10 (commencing with Section 3500) of Division 4) or any other labor relations law.

6253.4. (a) Every agency may adopt regulations stating the procedures to be followed when making its records available in accordance with this section.

The following state and local bodies shall establish written guidelines for accessibility of records. A copy of these guidelines shall be posted in a conspicuous public place at the offices of these bodies, and a copy of the guidelines shall be available upon request free of charge to any person requesting that body's records:

Department of Motor Vehicles Department of Consumer Affairs Department of Transportation Department of Real Estate Department of Corrections Department of the Youth Authority Department of Justice Department of Insurance Department of Corporations Department of Managed Health Care Secretary of State State Air Resources Board Department of Water Resources Department of Parks and Recreation San Francisco Bay Conservation and Development Commission State Board of Equalization State Department of Health Services Employment Development Department State Department of Social Services State Department of Mental Health

State Department of Developmental Services State Department of Alcohol and Drug Abuse Office of Statewide Health Planning and Development Public Employees' Retirement System Teachers' Retirement Board Department of Industrial Relations Department of General Services Department of Veterans Affairs Public Utilities Commission California Coastal Commission State Water Resources Control Board San Francisco Bay Area Rapid Transit District All regional water quality control boards Los Angeles County Air Pollution Control District Bay Area Air Pollution Control District Golden Gate Bridge, Highway and Transportation District Department of Toxic Substances Control Office of Environmental Health Hazard Assessment

(b) Guidelines and regulations adopted pursuant to this section shall be consistent with all other sections of this chapter and shall reflect the intention of the Legislature to make the records accessible to the public. The guidelines and regulations adopted pursuant to this section shall not operate to limit the hours public records are open for inspection as prescribed in Section 6253.

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