REVIEW OF PUBLIC RECORDS DECISIONS
(“APPEALS”)
If the initial request for a record is denied, the custodian should be prepared to give a
written explanation for the refusal, including citing all exemptions that have been applied.
It is suggested that upon first denial of access by a subordinate agency employee, the
requestor should seek a decision at a higher agency level. In order of hierarchy, this could
be the record custodian’s boss, the head of the agency, the elected body that governs the
agency and, finally, the public at-large who can be informed online or through the news
of the agency’s request denial. In some cases, there can be a negotiation that allows the
release of portions of record while protecting the confidentiality interests involved.
The Oregon Office of the Public Records Advocate is a possible avenue for assistance,
facilitated dispute resolution, and advice regarding public records requests. Requesters
who encounter obstacles in obtaining documents, including fees, long delays, denials, or
assertion of exemptions, may contact the Office of the Public Records Advocate for
assistance. If a requester asks for assistance regarding a request to a state agency, the state
agency is required under ORS 192.464 to engage in facilitated dispute resolution in good
faith. Other public bodies are not subject to the same mandate.
Public bodies may also avail themselves of the services of the Office of the Public
Records Advocate if they want facilitated dispute resolution or have questions regarding
fees, exemptions, timelines, or other public records matters.
More formal avenues of review are also available under ORS 192. A requester may
appeal a public body’s failure to respond within the statutory timelines (fifteen business
days), the public body’s estimated date of completion, the public body’s denial of a
request for a fee waiver/reduction, or a public body’s decision to withhold records (in
whole or in part).
If the public body denying the request is a state agency, then the requester can file a
public records petition with the Oregon Attorney General. If the public body is a locality,
city, county, or other non-elected body, the requester can file a petition with the local
district attorney. The appeal should include:
● The name of the agency from which the records were requested and denied;
● Name of the custodian of the record and how to contact them;
● The procedural background: when was the request submitted, how the agency
responded (or failed to respond);
● A copy of the request;
● Any written responses or communications from the public agency, if available;
● Other information that clarifies the requestor’s position.