1. (1) The Department, the Authority, and the QE, acting within the course and scope of employment, have immunity from any civil liability that might otherwise be incurred or imposed for determining, in accordance with ORS 181A.200, that an SI is fit or not fit to hold a position, provide services, or be employed, licensed, certified, or registered.

2. (2) The Department, and Authority, and the QE, acting within the course and scope of employment, and an employer or employer’s agent are not liable for the failure to hire a prospective employee or the decision to discharge an employee on the basis of a fitness determination or closed case if they in good faith comply with:

   1. (a) ORS 181A.200 and ORS 409.027; and
   2. (b) The decision of the QE or employee of the QE acting within the course and scope of employment.
3. (3) No employee of the state, a business, or an organization, acting within the course or scope of employment, is liable for defamation, invasion of privacy, negligence, or any other civil claim in connection with the lawful dissemination of information lawfully obtained under ORS 181A.200.

Statutory/Other Authority

ORS 181A.200, 409.027 & 409.050

Statutes/Other Implemented

ORS 181A.195, 181A.200, 409.010, 409.027 & 443.004

History

DHSD 5-2016, f. 6-10-16, cert. ef. 6-15-16
DHSD 1-2016(Temp), f. & cert. ef. 1-14-16 thru 7-11-16
DHSD 2-2014, f. & cert. ef. 12-1-14
DHSD 4-2012, f. & cert. ef. 8-1-12
DHSD 2-2012(Temp), f. & cert. ef. 2-27-12 thru 8-24-12
DHSD 8-2011, f. 10-28-11, cert. ef. 11-1-11
DHSD 7-2011(Temp), f. & cert. ef. 10-12-11 thru 11-1-11
DHSD 1-2011(Temp), f. & cert. ef. 4-15-11 thru 10-11-11
DHSD 10-2009, f. 12-31-09, cert. ef. 1-1-10
DHSD 7-2009, f. & cert. ef. 10-1-09
DHSD 2-2009, f. & cert. ef. 4-1-09
DHSD 10-2008, f. 12-26-08, cert. ef. 1-1-09
DHSD 8-2007, f. 8-31-07, cert. ef. 9-1-07, Renumbered from 410-007-0350
OMAP 22-2005, f. & cert. ef. 3-29-05
OMAP 8-2004, f. 2-26-04, cert. ef. 3-1-04