(a) The failure of a public body to provide the response required by ORS 192.329 within the prescribed period. A failure of the public body to timely respond shall be treated as a denial of the request unless the public body demonstrates that compliance was not required under ORS 192.329.
(b) An estimate of time provided by a public body pursuant to ORS 192.329, if the person believes that the estimated time frame for the response is unreasonably long and will result in undue delay of disclosure.
(c) Any other instance in which the person believes that the public body has failed to comply with ORS 192.329.
(2) Except as provided in subsection (3) of this section, the Attorney General, the district attorney and the court have the same authority with respect to petitions under this section as when inspection of a public record is denied.
(3) If the Attorney General, the district attorney or a court grants a petition filed under this section, the order granting the petition:
(a) May require disclosure of nonexempt material responsive to the request within seven days, or within any other period that the Attorney General, district attorney or court concludes is appropriate to comply with ORS 192.329;
(b) May require the public body to pay a penalty of $200 to the requester if the Attorney General, district attorney or court determines that the public body responded to the request with undue delay or failed to respond to the request; and
(c) May order a fee waiver or a fee reduction if a public body has responded to the request with undue delay or has failed to respond to the request in the time and manner prescribed in ORS 192.329. Nothing in this subsection prohibits a reviewing body from finding an unreasonable denial of a fee waiver or a fee reduction on other grounds.
(4) Nothing in this section limits the authority of a court to act under ORS 192.431. [2017 c.456 §5; 2019 c.205 §1]
Note: 192.407 was added to and made a part of 192.311 to 192.478 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
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