(a) Is employed or applying for employment by the department;

(b) Provides services or seeks to provide services to the department as a contractor, vendor or volunteer; or

(c) Is applying to be certified as a public safety officer, is applying to be reissued certification as a public safety officer or is an applicant or public safety officer who is under investigation by the department.

(2) Notwithstanding ORS 181A.195 (5) and (6), the Department of State Police shall maintain in the department’s files the fingerprint cards used to conduct a criminal records check on persons described in subsection (1)(c) of this section.

(3) ORS 181A.195 (10) does not apply to the Department of Public Safety Standards and Training when the department makes denial or revocation decisions regarding persons described in subsection (1)(c) of this section.

(4) The department and an employee of the department acting within the course and scope of employment are immune from any civil liability that might otherwise be incurred or imposed for making denial or revocation decisions regarding persons described in subsection (1)(c) of this section. The department, an employee of the department acting within the course and scope of employment and an employer or employer’s agent who in good faith comply with the requirements of ORS 181A.640, any rules adopted by the department and the decision of the department or employee of the department acting within the course and scope of employment are not liable for employment-related decisions based on decisions made under ORS 181A.640. The department or an employee of the department acting within the course and scope of employment is not liable for defamation or invasion of privacy in connection with the lawful dissemination of information lawfully obtained under ORS 181A.195. [Formerly 181.612; 2017 c.228 §3]

Note: 181A.400 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 181A or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.