OAR 340-011-0520: Contested Cases: Liability for the Acts of a Person's Employees

A person is legally responsible for not only its direct acts but also the acts of its employee when the employee is acting within the scope of the employment relationship, regardless of whether the person expressly authorizes the act in question. The mental state ("M" factor under OAR 340-012-0145) of an employee can be imputed to the employer. Nothing in this rule prevents DEQ from issuing a formal enforcement action to an employee for violations occurring during the scope of the employee's employment.