Or. Admin. R. 647-020-0040 - Exceptions to Established Time Periods
(1) The commission is not required to comply
with the time periods set forth in this division if the commission finds that
compliance would be impracticable because:
(a)
The staff or volunteers necessary to complete a response to the public records
request are unavailable, on leave, or are not scheduled to work; or
(b) Compliance would demonstrably impede the
commission's ability to perform other necessary services; or
(c) Of the volume of public records requests
being simultaneously processed by the commission.
(2) The commission shall make reasonable
efforts to communicate to the requester the allowable reason(s) the commission
may not be able to comply or has not complied with the time periods established
in this division, and shall, as soon as practicable and without unreasonable
delay, acknowledge a public records request and complete the response to the
request.
(3) Once the commission
has informed the requester of the estimated fee calculated in accordance with
this 647-020-0050, the time periods set forth in this division are suspended
until the requester has paid the fee, or the fee has been waived by the
commission pursuant to 647-020-0060, or the fee otherwise has been ordered
waived. The commission shall close the request if the requester fails to pay
the fee within 60 days of the date on which the commission informed the
requester of the fee, or the requester fails to pay the fee within 60 days of
the date on which the commission informed the requester of its denial of the
fee waiver.
(4) Once the commission
has in good faith requested additional information or clarification regarding
the request, the time periods set forth in this division are suspended until
the requester provides the requested additional information or clarification or
affirmatively declines to provide that information or clarification. The
commission shall close the request if the requester fails to respond within 60
days to a good faith request from the commission for additional information or
clarification.
Notes
Statutory/Other Authority: ORS 192.318(2), ORS 576.304(14), ORS 183
Statutes/Other Implemented: ORS 192.324, ORS 192.329
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