Requesting DEQ Public Records

Reviewing files Requesting Public Records What to Expect from DEQ

Charges for Copies Requesting a Fee Waiver

Public Records Request Form Fee Waiver/Reduction Request Form

DEQ Public Records Administrative Rule

DEQ will make public records, except those materials exempt from disclosure, available at cost to the public upon request. The DEQ Public Records Administrative rule (OAR 340-011-0310 through 0390) outlines DEQ’s public records request processes and allows DEQ to recover costs incurred in responding to requests.

Reviewing Files

Any person who wants to look at files during file review hours may do so providing original materials stay in the original office and materials exempt from public disclosure have been removed. DEQ offices have different specific file review hours and some offices require that file review appointments be made in advance.  Please contact the DEQ office near you for more information.

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Requesting Public Records

A person or organization may request copies of a public record or information from public records verbally, by phone, in person, by mail, fax, or e-mail. A DEQ staff person will obtain all the information necessary to make a cost estimate.

Requests should include the name, address, e-mail address, and telephone number of the person requesting the public record(s). Requests should identify as specifically as possible the type or record(s), subject matter, approximate date(s), names of people involved, the number of copies requested, the desired format and the date by which the requestor hopes to obtain the records. See Public Records Request Form.

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What to Expect from DEQ

DEQ will respond to the requester with an estimate of expected charges. DEQ’s response will contain an acknowledgment of the request, an initial indication about whether the records are likely disclosable public records, a list of the fees charged to provide records, an estimate of the expected cost of meeting the request, and the expected date and location at which the information will be provided.

If the charge is more than $25 (this includes copy charges, labor, archive retrieval fees, mailing costs, etc.), state law requires agencies to first provide the requester with written notification of the estimated fee and the requester must confirm that they want the agency to proceed. DEQ must receive this approval in writing before starting the job.

DEQ reserves the right to provide information in a different format than requested (e.g., in print instead of electronically) if the burden of meeting the requested format is impractical. DEQ also reserves the right to provide the information after the desired date if the burden of meeting the requested date is impractical.

DEQ staff will respond to the records request as quickly as reasonable, however, if it will take more than 10 business days to provide the estimate or 20 business days to fill the request, DEQ will notify the requester.

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Charges for Copies

If a request for copies of pages from a file or database does not exceed 15 minutes of staff time, DEQ will absorb the costs of providing the documents including copies, faxes and mailing. This assumes that the staff person has the time to complete the request within the timeframe made by the requester, and no additional review is necessary to remove materials exempt from public disclosure.

If the request requires more than 15 minutes of staff time, the staff person will make an estimate of time and cost and get back to the requester within 10 business days.

Arrangements can also be made to have an external source make the copies, as long as the requester has agreed in advance, in writing, to pay the costs. The person or organization requesting the information must provide payment or arrange to be billed before DEQ staff prepare the requested information.

DEQ requires prepayment when the requester is from out of state or the amount is greater than $1,000. DEQ may also use its discretion in requiring prepayment from a requester.

Fee Structure

DEQ will provide copies at a fee reasonably calculated to reimburse the agency for the actual costs incurred in making the records available. Activities to be reimbursed on an at-cost basis include locating, retrieving archived materials, reviewing for exempt materials, database sorting, compiling, summarizing, printing, copying and distributing the information, supervising review of materials, and taking any other steps reasonably required to make the information available.

DEQ administrative Rule 340-011-0340 for Public Records Access and Reproduction outlines fees applying to public information request.

Exceptions

There are four exceptions, which generally entitle a requester to one free copy of a record:

• When the material is currently being distributed as part of a public participation process such as press releases or public notices;
• When the material has been distributed through a mass mailing and is readily available to the Department at the time of the request;
• When the requester is a local, state or federal government.
• When the requester has a fee waiver.

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Requesting a Fee Waiver

DEQ has fee waiver provisions for people including members of the news media and non-profit organizations. The state public records law ORS 192.440 (4) and (5) says an agency may waive fees for information provided in response to public records requests if the fee reduction is in the public interest because making the record available primarily benefits the general public.

Requests for annual fee waivers must be accompanied by a Fee Waiver/Reduction Request Form; also available from the DEQ Director’s Office (503) 229-5990. One-time fee waivers are also available if the entity does not qualify for an annual fee waiver.

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DEQ May Still Charge

Per OAR 340-011-0380, even if an organization has a fee waiver or is a government entity, DEQ, in its discretion, may still charge for either record review or copying based on the following factors:

1. Any financial hardship on DEQ;
2. The extent of time, expense, and interference with the DEQ’s regular business;
3. The volume of the records requested; or
4. The necessity to segregate exempt from non-exempt materials.

DEQ will work with requesters to reduce costs by narrowing requests to only the information they really want, and by arranging to provide records review at a field office rather than copying and mailing everything.

If you have questions regarding DEQ’s public records request policy, please call 503-229-5696 or contact us via e-mail.

 

 

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