(1) As used in this section:

(a) ‘Authorized agency’ means an authorized agency as defined in ORS § 181A.190 or 181A.195.

(b) ‘Direct access’ means access to an individual or the personal information of an individual.

(c) ‘District’ has the meaning given that term in ORS § 267.237.

(d) ‘Qualified entity’ has the meaning given that term in ORS § 181A.200.

(2) Subject to ORS § 8.100, the Oregon Department of Administrative Services, in consultation with the Department of State Police, shall adopt rules:

(a) Specifying categories of individuals who are subject to criminal records checks that:

(A) An authorized agency may use to make fitness determinations under ORS § 181A.190 and 181A.195;

(B) A qualified entity may use to make fitness determinations under ORS § 181A.200; or

(C) A district may use to make fitness determinations under ORS § 267.237.

(b) Specifying the information, for each category, that may be required from a subject individual to permit a criminal records check.

(c) Specifying the types of crimes that may be considered in reviewing criminal offender information of a subject individual for each category.

(d) Specifying when a nationwide fingerprint-based criminal records check must be conducted.

(e) Establishing the process for appealing a fitness determination, except as otherwise provided by law.

(3) The Oregon Department of Administrative Services shall consider the additional cost of obtaining a nationwide fingerprint-based criminal records check when adopting rules under subsection (2)(d) of this section.

(4) Categories adopted under subsection (2)(a) of this section shall separate individuals into categories comprising:

(a) Individuals who have direct access to or who provide services for children;

(b) Individuals who have direct access to or who provide services for the elderly;

(c) Individuals who have direct access to or who provide services for persons with disabilities;

(d) Individuals who have direct access to or who provide services for persons with a mental illness;

(e) Individuals who have direct access to or who provide services for the general public;

(f) Individuals licensed, registered, certified or otherwise authorized to practice a profession or trade in this state and individuals applying for licensure, registration, certification or authorization to practice a profession or trade in this state; and

(g) Any other population of individuals specified by the Oregon Department of Administrative Services by rule.

(5) An authorized agency, qualified entity or district, or an employee of an authorized agency, qualified entity or district who is acting within the course and scope of the employee’s employment, is immune from any civil liability that might otherwise be incurred or imposed for making a fitness determination in accordance with this section and ORS § 181A.190, 181A.195, 181A.200 and 267.237. [Formerly 181.547]

181A.215 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.