Oregon Administrative Rules Chapter 166 - SECRETARY OF STATE, ARCHIVES DIVISION
Oregon Administrative Rules (OAR) Chapter 166 pertains to the Secretary of State, Archives Division, often referred to as the Oregon State Archives. This chapter sets forth the administrative rules that govern the preservation, management, and access to public records in Oregon. The Oregon State Archives plays a crucial role in ensuring transparency, accountability, and historical preservation for state and local government records.
Here's a detailed breakdown of the key areas covered by OAR Chapter 166:
I. Core Functions and Purpose of the Archives Division:
Preservation and Access: The primary function is to preserve and provide public access to the permanently valuable records of Oregon government.
Records Management Guidance: The Archives Division provides advice and assistance to state agencies and political subdivisions (like counties, cities, and school districts) on effective records management practices.
Rulemaking and Publication: It is responsible for filing, codifying, and publishing the Oregon Administrative Rules (OARs) and also publishes the Oregon Blue Book, the official state almanac and directory.
Authorization for Disposition: The Division authorizes the disposition (destruction or transfer to archives) of public records.
Training and Research: While Division 37 on Public Records Training and Research has been repealed, the Archives Division continues to offer records management training and guidance.
II. Key Divisions/Sub-chapters within OAR Chapter 166:
Division 1: Procedural Rules: Outlines the general administrative procedures for the Archives Division, including how rules are adopted, amended, or repealed.
Division 5: Policy, Purpose, and Definitions: Establishes the overall policy and purpose of the Archives Division's rules and defines key terms used throughout the chapter.
Division 10: State Archives, State Records Center, and Security Copy Depository Services: Details the services offered by the State Archives, including the State Records Center for inactive records and the Security Copy Depository for vital records.
Division 17: Electronic Records: This is a critical section that addresses the unique challenges of managing and preserving electronic public records. It includes rules on ensuring access, preventing accidental deletion or obsolescence, and defining standards for various electronic formats (e.g., TIFF, PDF).
Division 20: The Protection and Storage of Public Records: Sets standards for the proper protection and storage of public records, regardless of their format.
Division 25: Microfilm Standards Rules: Specifies the standards for microfilming public records to ensure their long-term preservation and readability.
Division 30: Records Management Procedures: This division provides the overarching framework for records management programs, including:
Records Retention Schedules: The most significant aspect. These schedules dictate the minimum retention periods for various types of public records. Agencies are legally obligated to dispose of records without continuing value once their retention period has passed, but not before.
Designation of Records Officers: Requires each state agency and public entity to designate a records officer to coordinate records scheduling, retirement, central storage, and destruction.
Prohibition of Unauthorized Destruction: Emphasizes that unauthorized destruction or tampering with public records is a crime (ORS 162.305).
Division 35: Facilitated Dispute Resolution: Outlines procedures for resolving disputes related to public records.
Specific Records Retention Schedules (by entity type): These are extensive divisions that provide detailed lists of records and their minimum retention periods for various governmental bodies:
Division 150: County and Special District Retention Schedule
Division 200: City General Records Retention Schedule
Division 300: State Agency General Records Retention Schedules
Division 350: Board and Commission Records1
Division 400: Educational Service Districts, School Districts, and Individual School Records2
Division 450: Community Colleges3
Division 475: Oregon University System Records4
Division 500: Oregon Administrative Rules Filing Require5ments: Specifies the requirements for agencies to file their administrative rules with the Secretary of State.
III. Importance of OAR Chapter 166:
This chapter is fundamental for all public bodies in Oregon. It ensures:
Legal Compliance: Agencies can adhere to state laws regarding public records.
Transparency and Public Access: Records are preserved and accessible to the public as required by law (e.g., ORS 192.420).
Historical Preservation: Records of permanent value are identified and transferred to the State Archives.
Efficient Records Management: Agencies can manage their records effectively, reducing storage costs and legal liabilities by disposing of records that no longer have value.
IV. Where to find the full text and further information:
Oregon Secretary of State's Office of Administrative Rules website: This is the most authoritative and up-to-date source for the full text of OAR Chapter 166. Look for the "State Archives" or "Records Management" sections.
Oregon State Archives official website (sos.oregon.gov/archives): This website provides extensive resources, including direct links to records retention schedules, guidance documents, training information, and tools like the Oregon Records Management Solution (ORMS).
Legal information websites: Websites like Justia Regulations and Cornell Law School's Legal Information Institute (LII) also host the Oregon Administrative Rules.
It is always crucial to consult the most current version of these rules, as retention schedules and other provisions can be updated.
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