Access to and Use of Property Owned, Controlled or Leased by the Department of Revenue

# (1)

(1) For the purposes of this rule, "recording" means either of the following, alone or in combination: (i) causing sound or visual data to be stored on any device, contrivance, machine or apparatus (such as a tape recorder, video camera, smartphone, computer or server) in reproducible form; or (ii) transmitting, livestreaming or otherwise broadcasting sound or visual data on any such device, contrivance, machine or apparatus.

# (2)

(2) The Director of the Department of Revenue or a designee may develop and implement procedures to regulate and control public access to enclosed property owned, controlled, or leased by the department. The purposes of such procedures are to

(a) provide for the security and privacy of public visitors;

(b) provide for the security and privacy of department employees and officers; and

(c) minimize potential disruptions to the work of State government. Any person who engages in conduct that causes disruptions to the work of State government shall be deemed to no longer be present for legitimate public business within the department-owned, controlled, or leased property.

# (3)

(3) The lobby or common area for Department of Revenue offices throughout the state, including inside the main entrances of the Department of Revenue building in Salem, are nonpublic forums and access by members of the public is limited to those conducting legitimate public business with the department. Unauthorized persons found by the Director or a designee to be within such an area and who refuse to leave the premises upon request, shall be considered a trespasser. At the request of the department, law enforcement, at its option, may issue a trespass warning notice for this conduct or take other action authorized by law.

# (4)

(4) Photography and recording within department-owned, controlled, and leased property are prohibited. This prohibition shall not apply to any law enforcement or department security activities; recordings authorized by statute; or any other photography or recording authorized by the Director or designee. The Director or a designee may request any person who refuses to cease unauthorized photography or recording to leave the premises immediately. Any person who refuses to cease the unauthorized photography or recording and refuses to immediately leave the premises following the request of the Director or a designee, shall be considered a trespasser. At the request of the department, law enforcement, at its option, may issue a trespass warning notice or take other action authorized by law.