OAR 407-007-0350
Immunity from Liability


(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 (Authority of Department of Human Services, Oregon Health Authority and Employment Department to require fingerprints), that an SI is fit or not fit to hold a position, provide services, or be employed, licensed, certified, or registered.

(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:

(a)

ORS 181A.200 (Authority of Department of Human Services, Oregon Health Authority and Employment Department to require fingerprints) and ORS 409.027 (Abuse and neglect reports); and

(b)

The decision of the QE or employee of the QE acting within the course and scope of employment.

(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 (Authority of Department of Human Services, Oregon Health Authority and Employment Department to require fingerprints).

Source: Rule 407-007-0350 — Immunity from Liability, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=407-007-0350.

407–007–0000
Purpose and Scope
407–007–0010
Definitions
407–007–0020
Criminal History Check Required
407–007–0030
Criminal Records Check Process
407–007–0041
Potentially Disqualifying Convictions
407–007–0050
Potentially Disqualifying Conditions
407–007–0060
Weighing Test
407–007–0065
Hired on a Preliminary Basis
407–007–0070
Final Fitness Determinations
407–007–0080
Contesting a Final Fitness Determination
407–007–0090
Record Keeping, Confidentiality
407–007–0100
Variances
407–007–0200
Purpose and Scope
407–007–0210
Definitions
407–007–0220
Background Check Required
407–007–0230
Qualified Entity
407–007–0240
QE Designees and QE Initiators
407–007–0250
Background Check Process
407–007–0275
Convictions Under ORS 443.004 Resulting in Ineligibility for Aging and People with Disabilities Program and Developmental Disabilities Program SIs
407–007–0277
Convictions Under ORS 443.004 Resulting in Ineligibility for Mental Health or Alcohol and Drug Program SIs
407–007–0279
Federal Mandatory Exclusions
407–007–0281
Potentially Disqualifying Convictions
407–007–0290
Potentially Disqualifying Conditions
407–007–0300
Weighing Test
407–007–0315
Hired on a Preliminary Basis
407–007–0318
Approval for “Family First” Subject Individuals
407–007–0320
Final Fitness Determinations
407–007–0330
Contesting a Fitness Determination
407–007–0340
Record Keeping, Confidentiality
407–007–0350
Immunity from Liability
407–007–0370
Variances
407–007–0400
Purpose
407–007–0410
Definitions
407–007–0420
Reporting Abuse Allegations Required
407–007–0430
Applicants to the Department
407–007–0440
Current Employees of the Department
407–007–0445
Employees Who Apply or Are Hired at SACU after 1/1/2018
407–007–0450
Current Volunteers of the Department
407–007–0455
Current Contract SIs of the Department
407–007–0460
Confidentiality
407–007–0600
Purpose
407–007–0610
Definitions
407–007–0620
Background Check Registry
407–007–0630
Reporting Requirements for Qualified Entities
407–007–0640
Access and Release of Information
Last Updated

Jun. 8, 2021

Rule 407-007-0350’s source at or​.us