OSB Professional Liability Fund

Public Records Request Procedure


This procedure explains how to make a request for the Professional Liability Fund’s (PLF) records and how the PLF calculates how much it will cost to respond to a request and the various methods of delivery.  Please note that records related to professional liability claims against the PLF are exempt from disclosure pursuant to ORS 9.080 (E).  You may seek review of the PLF’s response to a records request pursuant to ORS 192.450, 192.460, 192.465, 192.480 and 192.490.

HOW TO REQUEST RECORDS

Individuals wishing to review public records can submit a request via email to prr@osbplf.org, or by letter directed to:

Jeff Crawford
Public Records Custodian
OSB Professional Liability Fund
PO Box 231600
Tigard, Oregon 97281-1600

FEES & DELIVERY OPTIONS

CALCULATION OF FEES

The PLF charges fees reasonably calculated to reimburse its costs of providing and conveying copies of public records. Typically, this fee includes:
  1. Staff time;
  2. Copying costs; and
  3. Postage.

CHARGES FOR STAFF TIME

  1. As a courtesy, the PLF does not charge for the first fifteen (15) minutes of staff time spent to respond to a public records request. The PLF reserves the right to charge for all of its staff time if it receives frequent or repeated requests from the same source.
  2. The PLF charges for staff time for all public records requests that require more than fifteen (15) minutes of staff time to prepare a response, regardless of whether records are provided in paper or electronic form. 
  3. Charges for staff time are based on the PLF’s actual cost for the employees’ time. Charges for staff time include, but are not be limited to, time spent locating, compiling, sorting, segregating, redacting and reviewing records to prepare them for inspection, obtaining legal advice about the request and supervising the inspection of records. The rates for staff most likely to respond to records requests are approximately as follows, and may change from time to time:
    1. Public Records Coordinator, $ 22/hour
    2. IT Technical Support $ 30/hour 
    3. Director of Administration, CEO, or General Counsel, $50/hour.

COPYING PAPER RECORDS

  1. As a courtesy, the PLF provides up to ten (10) pages of copies at no charge. The PLF reserves the right to charge for all of its copy expenses if it receives frequent or repeated requests from the same source.
  2. The PLF charges 25¢ per page (after the first ten (10) pages of records) to recover its costs of photocopying. This photocopying charge includes the staff time required to make copies, but does not include staff time otherwise spent locating, compiling, sorting, segregating, redacting or reviewing records. 
  3. A page refers to the number of paper records copied onto a piece of 8-1/2 by 11 inch paper. Except where staff deems it most efficient, documents will not be reduced in size or otherwise manipulated to fit additional records on a page. A double-sided copy constitutes two pages.
  4. The PLF charges for any actual additional costs for copies made on paper larger than 8-1/2 by 11 inch format, with actual costs to be calculated on a case-by-case basis.

COPYING ELECTRONIC RECORDS 

  1. The PLF charges $15.00 for each DVD/CD or $25.00 for a USB flash drive used to produce electronic records. This cost includes the staff time required to copy electronic records to the disk, but does not include staff time otherwise spent locating, compiling, sorting, segregating, redacting or reviewing electronic records. Due to the threat of computer viruses and other malware, the PLF cannot permit requesters to provide their own disks or USB flash drive, and devices provided by the PLF cannot be used for future requests.
  2. The PLF is able to email responsive records that are smaller than 5MB in total size and are readily available in electronic format. While the PLF sends emails at no cost, the PLF charges for staff time otherwise spent locating, compiling, sorting, segregating, redacting or reviewing emailed electronic records. The PLF will not email records that are larger than 5MB total in size, due to system constraints. The PLF does not divide responsive electronic records into smaller sections to facilitate email.

POSTAGE

Unless a public records requestor arranges to pick up records at the PLF, the PLF will also charge for its actual postage costs to mail records. 

WRITTEN ESTIMATE OF COSTS

The PLF provides an estimate of the cost of producing records before the records are provided. If the PLF estimates that responding to a request will cost more than $25.00, the PLF cannot respond to the request until the requester has indicated in writing that the PLF should proceed.

PAYMENT

The PLF accepts checks or money orders made out to the Professional Liability Fund. The PLF reserves the right to require payment prior to providing responsive materials.  

FEE WAIVERS

The PLF will consider a fee waiver if it determines making the records available primarily benefits the general public. Fee waiver requests should explain why the request primarily benefits the general public.

LITIGATION

If you are a party to litigation involving the PLF and you are seeking information related to that litigation, the law requires you to also notify the bar’s General Counsel of your public records request.  ORS 192.314(2). 

QUESTIONS

Questions about the OSB Professional Liability Fund’s public records procedure should be sent in writing by email: prr@osbplf.org or by mail: Professional Liability Fund, Public Record Requests, PO Box 231600, Tigard, OR 97281.