DAVE FROHNMAYER
ATTIIHNU GENERAL
STA H OF OJ.lGON
DEPARTMENT OF JUSTICE
Just.lce Buildina
Salem, Oregon 97310
Telephone: t5031 378-4400
September 9, 1986
Mr. Charles Duwayne Campbell
538 Halfmile Road
Roseburg, Oregon 97470
Motor Vehicles Division
Attention: Shirley St. John
Accident/Insurance Records Supervisor
Driver Records Section
1905 Lana Avenue, N.E.
Salem, OR 97314
WILLIAM F. GARY
DEPUTY ATTORNI::Y GENU.AL
Re: Request for Disclosure of Public Records of Motor Vehicles
Division
Dear Mr. Campbell and Motor Vehicles Division Representative:
This letter constitutes the Attorney General's response to
Mr. Campbell's request for an order requiring the Motor Vehicles
Division to disclose to Mr. Campbell certain documents,
particularly a letter, relating to the possible suspension of
Mr. Campbell's driving privileges.
Mr. Campbell's request for a public records disclosure order
was received by the office of the Attorney General on
September 2, 1986. Although Mr. Campbell's letter states that
the Motor Vehicles Division has denied his request for disclosure
of the documents referred to above, it appears that any refusal
or delay of disclosure is a result of miscommunication between
Mr. Campbell and the Motor Vehicles Division.
The division recognizes Mr. Campbell's right to inspect the
document, a letter from an insurance company, that prompted the
division to commence suspension proceedings.
Our investigation discloses that Mr. Campbell's insurance
company notified Motor Vehicles Division on June 18, 1986, that
Mr. Campbell had been involved in an accident that was not
covered by insurance. This letter caused Motor Vehicles Division
Mr. Charles Duwayne Campbell
Motor Vehicles Division
Re: Request for Disclosure of Public Records of Motor Vehicles
Division
Septemb•r 9, 1986
Page Two
to send Mr. Campbell a notice that his driving privileges would
be suspended because he had been involved in an uninsured
accident. The suspension notice advised Mr. Campbell of his
right to an administrative hearing. He has requested such a
hearing, and the suspension has been rescinded pending the
outcome of the hearing.
Mr. Campbell is entitled to a copy of the letter sent by the
insurance company to Motor Vehicles Division, and this document
routinely would b~ provided to him as part of the prehearing
discovery process. Motor Vehicles Division is unable to locate
any prior written correspondence from Mr. Campbell, and we have
been unable to identify a Motor Vehicles Division clerk to whom
Mr. Campbell referred in his request for a public records order
from this office.
Nevertheless, Motor Vehicles Division agrees, and we hereby
order, that Mr. Campbell be allowed access to a copy of the
letter his insurance carrier sent Lo Motor Vehicles Division that
caused Motor Vehicles Division to send the suspension notice in
Mr. Campbell's case. If Mr. Campbell has not received a copy of
this letter as part of the prehearing discovery, he can view it
at no cost at Motor Vehicles Division's headquarters at its Lana
Avenue offices, or he may obtain a photocopy of it upon paying a
small copying charge. Mr. Campbell can contact Ms. Shirley
St. John (phone number 378-8326), if he has further questions.
Furthermore, if either Mr. Campbell or the Motor Vehicles
Division representative has comments or questions, each may
contact either Assistant Attorney General Cynthia Carter or
myself.
JEM:jjtlS/cam.l-.2
Very truly yours,
<+,.,...,. .... ?.- //1~---,..C.].
'~MES E. MOUNTAIN, JR.
Special Counsel to the
Attorney General
cc: Cynthia A. Carter, Assistant Attorney General
