Oregon Secretary of State

Oregon State Library

Chapter 543

Division 70
STATE DOCUMENTS DEPOSITORY PROGRAM

543-070-0000
Public Documents Depository Libraries

(1) The following libraries are designated as depository libraries and are hereby entitled to receive copies of all public documents deposited with the State Library for distribution under the public documents depository program:

(a) Eastern Oregon University Library;

(b) Oregon Institute of Technology Library (Klamath Falls);

(c) Multnomah County Library;

(d) Oregon State Library (2);

(e) Oregon State University Library;

(f) Portland State University Library;

(g) Southern Oregon University Library;

(h) University of Oregon Library;

(2) Libraries designated as depository libraries shall agree to the following terms for participation in the public documents depository program:

(a) To make all tangible materials received under the program accessible to the public without charge.

(b) To provide free public access to their patrons to all electronic documents identified by the depository program.

(c) To include records for all depository items, tangible and otherwise, in a database or other finding aid (such as a public catalog) for at least five years; records for superseded publications may be replaced with the records for the replacement publications.

(d) To retain all tangible materials and to maintain catalog links to electronic publications received under the program for a minimum of five years; superseded publications may be replaced with the new version.

(e) As the official archive for Oregon public documents, the State Library will retain all tangible materials permanently and will maintain a permanent, accessible archive for electronic publications.

(3) In the interest of public access to state documents, the State Library will make bibliographic records for electronic publications available to any Oregon library.

(4) An issuing agency must provide to the State Library electronic versions of any public document produced by the issuing agency if the public document:

(a) Is required by law as a public report;

(b) Is required by law to be sent to the Governor, President of the Senate, or Speaker of the House;

(c) Contains substantial information that is intended to educate the public about the work of the issuing agency or describe the issuing agency's programs, overall activities, or policies;

(d) Is an annual report of the issuing agency's activities; or

(e) Reports the results of a formal study or investigation conducted by or on behalf of the issuing agency.

(5) An issuing agency need not provide the Library with copies, including electronic versions, of the following types of documents:

(a) Those public documents specifically exempted by statute;

(b) The text of speeches, press releases, or written testimony, including testimony to Legislative committees;

(c) Documents produced under contract that includes a limited duration distribution clause;

(d) Documents that describe only the internal operations of the issuing agency, the internal policies of the issuing agency, or both;

(e) Documents produced for rulemaking, such as those described in ORS 183.335 or 183.355;

(f) Documents created for and filed with a court in a matter pending before the court, including motions and briefs; and

(g) Materials of a dynamic nature offered as part of an online service or website.

(h) Items with specific time limits, such as class schedules, notices of meetings, etc.

(6) Questions regarding the need to deposit specific documents not clearly addressed by this policy will be resolved by a joint decision of the State Library and the issuing agency.

(7) Terms defined in ORS 357.004 have the same meaning when used in this rule.

Statutory/Other Authority: ORS 357.090
Statutes/Other Implemented: ORS 357.008(5) & 357.090
History:
OSL 2-2010, f. 10-19-10, cert. ef. 10-25-10
OSL 4-2006, f. & cert. ef. 2-14-06
OSL 1-2000, f. & cert. ef. 4-13-00
OSL 1-1995, f. & cert. ef. 10-27-95


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