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