Or. Admin. R. 255-015-0010 - Criteria for Denial of Disclosure of Records
The Board shall disclose its records to any person or agency unless:
(1) Disclosure would interfere with
the rehabilitation of a person in custody, and the public interest in
confidentiality clearly outweighs the public interest in disclosure;
(2) Disclosure would substantially prejudice or
prevent the carrying out of the functions of the Board or the Department of
Corrections, and the public interest in confidentiality clearly outweighs the public
interest in disclosure;
(3) The
information was submitted to a public body in confidence and not otherwise required
by law to be submitted, the information should reasonably be considered
confidential, the public body has obliged itself in good faith not to disclose the
information, and the public interest will suffer by disclosure of the
information;
(4) The requested record is
a presentence investigation report prepared pursuant to ORS
137.077 or
137.530;
(5) The requested records constitute advisory
communications within a public body and in this instance the public interest in
encouraging frank communication between officials and employees of public bodies
clearly outweighs the public interest in disclosure;
(6) The records comprise investigatory information
compiled for criminal law purposes and the public interest does not require
disclosure in this particular instance;
(7) The requested records pertain to potential or
pending litigation involving the Board and the public interest does not require
disclosure in this particular instance;
(8) The records comprise Board deliberations per
ORS
192.690;
(9) Records are exempt from disclosure under ORS
192.355,
192.371,
192.398;
or
(10) The requested records are
otherwise exempt from disclosure under the Public Records Law or other provisions of
state or federal law; or other reasons.
Notes
Statutory/Other Authority: ORS 183.335, ORS 144.025, ORS 144.050 & ORS 192.311-192.401
Statutes/Other Implemented: ORS 144.130, ORS 144.185 & ORS 192.311-192.401
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