ORS § 673.380

Current through 2024 Regular Session legislation effective June 6, 2024
Section 673.380 - Disposition of statements, records, schedules, working papers and memoranda of licensee
(1) All statements, records, schedules, working papers and memoranda made by a licensee under ORS 673.010 to 673.465 or a partner, shareholder, officer, director, member, manager, owner or employee of the licensee incident to or in the course of rendering services to a client, except reports submitted by the licensee to the client and records that are part of the client's records, shall be and remain the property of the licensee in the absence of an express agreement between the licensee and the client to the contrary.
(2) A statement, record, schedule, working paper or memorandum described in subsection (1) of this section shall not be sold, transferred or bequeathed, without the consent of the client or the client's personal representative or assignee, to anyone other than one or more surviving partners or stockholders, or new partners or stockholders, of the licensee or any combined or merged organization or successor in interest to the licensee.
(3) Nothing in this section prohibits a temporary transfer of working papers or other material necessary in the course of carrying out peer reviews or the disclosure of information under ORS 673.385.
(4) A licensee shall furnish to a client or former client of the licensee, upon request and reasonable notice:
(a) A copy of the licensee's working papers, to the extent that the working papers include records that would ordinarily constitute part of the client's records and are not otherwise available to the client; and
(b) Any accounting or other records belonging to or obtained from or on behalf of the client that the licensee removed from the client's premises or received for the client's account. The licensee may make and retain copies of the documents of the client when the documents form the basis for work done by the licensee.
(5) Nothing in this section shall require a licensee to keep any working papers beyond the period prescribed in any other applicable statute.

ORS 673.380

Amended by 1999 c.322 §23