justicedao/ipfs_state_laws huggingface dataset:
137-076-0032 Suspension of Application for Compensation If the Department requires additional information from the applicant to process an application, a request for this additional information will be mailed or emailed to the applicant. If the applicant fails to respond within 30 days of the date the request for information was mailed or emailed, the Department shall send a written notice to the applicant's last known address informing the applicant that the application for compensation will be suspended until the applicant provides the requested information. The application will be in a suspended status until the applicant responds to the request for information. If information is provided more than one year after receipt of the initial application, any award provided is at the discretion of the Department. Statutory/Other Authority: ORS 147.205(1) Statutes/Other Implemented: ORS 147.105 History: DOJ 7-2024, amend filed 04/29/2024, effective 04/29/2024 DOJ 3-2017, f. 4-25-17, cert. ef. 4-27-17 DOJ 4-2001, f. & cert. ef. 6-1-01 JD 2-1997, f. & cert. ef. 7-9-97 JD 2-1992, f. & cert. ef. 3-2-92
137-076-0034 Request to Withdraw or Close an Application An applicant may request that their application for compensation be withdrawn or closed. A request for withdrawal or closure of an application must be made in writing. Once withdrawn or closed pursuant to this rule, the application will not thereafter be reopened unless the victim was a child when the compensable crime was committed, they are now an adult, and they wish to access the Department’s services. A request to reopen an application must come from the victim and must be made in writing. The request must specify why the application should be reopened. It is in the Department’s sole discretion whether to reopen the application. Statutory/Other Authority: ORS 147.205(1) Statutes/Other Implemented: ORS 147.015 & 147.135 History: DOJ 7-2024, amend filed 04/29/2024, effective 04/29/2024 DOJ 3-2017, f. 4-25-17, cert. ef. 4-27-17 JD 2-1997, f. & cert. ef. 7-9-97 JD 2-1992, f. & cert. ef. 3-2-92
137-076-0037 Payment of Catastrophic Injury Claims (1) For the purpose of ORS 147.035(10), a victim has suffered a catastrophic injury if the victim is eligible for an award of compensation under 147.005 to 147.367 and has sustained a severe and debilitating long term or lifelong personal injury as a direct result of the compensable crime. (2) In order to be eligible for catastrophic injury compensation the victim also must satisfy the following criteria: (a) The victim has suffered significant and sustained reduction of the victim's previous functioning of physical abilities, and that reduction significantly alters the victim's ability to interact with others or carry on the normal functions of life; (b) There has been a material reduction in the victim's ability to work; and (c) There has been a physical or neuro-physical impairment such that no fundamental or marked improvement in the victim's crime-related condition reasonably can be expected. (3) In determining whether the victim has suffered a catastrophic injury, the Department may also consider the following factors: (a) The severity and debilitating nature of the personal injury. Severe and debilitating personal injury includes, but is not limited to, conditions such as quadriplegia, paraplegia, loss of sight in both eyes, loss of hearing in both ears, or amputation of a major portion of any extremity; and (b) Whether the injury is permanent or long term. (4) If the Department determines the victim's injuries to be catastrophic in nature and that determination does not change upon reevaluation pursuant to OAR 137-076-0037(5) or 137-076-0037(6), then compensation payments under this rule will continue until payments reach the full amount of compensation awarded by the Department or the victim requests closure of the claim. (5) The burden of proof is on the applicant to establish eligibility as a catastrophically injured crime victim for the award of compensation and the continuation of compensation payments under this rule. Speculation and conjecture as to the following are not sufficient to meet the burden of proof: (a) A potential increase in disability; (b) Loss of earnings; (c) Cumulative injuries that are minor in nature; and (d) Statements of the victim without substantiation of the catastrophic nature of the injury by an objective medical examination and report from a licensed medical practitioner. (6) Once compensation has been granted pursuant to this rule, the Department may at any time, at its discretion, request information from the victim relevant to the victim’s continuing eligibility. (7) If the victim ceases to meet the criteria for catastrophic injury, the victim shall immediately notify the Department. Statutory/Other Authority: ORS 147.035(11) & ORS 147.205 Statutes/Other Implemented: ORS 147.035(11) & ORS 147.035(12) History: DOJ 7-2024, amend filed 04/29/2024, effective 04/29/2024 DOJ 3-2017, f. 4-25-17, cert. ef. 4-27-17 DOJ 4-2002, f. 5-30-02, cert. ef. 6-1-02
137-076-0040 Payment of Benefits No compensation will be paid to an applicant until expenses are accrued, treatment has been completed and all required documentation is received by the Department. Pursuant to ORS 147.125(1)(c) benefits, payments or awards received by the victim, or survivors or dependents of the victim, from any source are considered a p rior resource. A prior resource may include but is not limited to: private or public health insurance, automobile insurance, workers’ compensation, disability insurance, homeowner’s insurance, Paid Leave Oregon or equivalent plan, unemployment benefits, restitution, civil settlements, and tribal per capita payments. Indian Health Services insurance is not considered a prior resource. Statutory/Other Authority: ORS 147.205(1) Statutes/Other Implemented: ORS 147.035 History: DOJ 7-2024, amend filed 04/29/2024, effective 04/29/2024 DOJ 3-2017, f. 4-25-17, cert. ef. 4-27-17 DOJ 4-2001, f. & cert. ef. 6-1-01 JD 2-1992, f. & cert. ef. 3-2-92 JD 4-1983, f. & ef. 9-1-83
137-076-0043 Submission of Bills (1) Requests for payment of crime related expenses shall be submitted in the form of an itemized billing statement detailing the services provided, the provider’s name, the date of service and, if necessary, any additional documentation the Department requests. (2) All bills submitted to the Department for payment consideration must be submitted within 60 days of claim expiration. Failure to submit bills to the Department within this time frame may result in denial of payment. (3) No payment shall be authorized for services provided after the date of claim expiration as described in ORS 147.035(8) and (9), except: (a) If a specific medical or dental procedure was commenced by the provider or approved by the Department prior to the date of claim expiration, but completion of the procedure will extend beyond claim expiration. The cost of the procedure and the duration of the treatment must be submitted to and approved by the Department prior to the date of claim expiration. No payment will be authorized for additional expense beyond the approved amount unless such additional expenses occur prior to the date of claim expiration and are approved by the Department. Payment will not be made to a medical or dental provider until services are rendered; (b) It is a catastrophic claim pursuant to ORS 147.035(10)(a) and OAR 137-076-0037 . Statutory/Other Authority: ORS 147.205(1) Statutes/Other Implemented: ORS 147.035 History: DOJ 7-2024, amend filed 04/29/2024, effective 04/29/2024 DOJ 3-2017, f. 4-25-17, cert. ef. 4-27-17 DOJ 4-2001, f. & cert. ef. 6-1-01 JD 2-1997, f. & cert. ef. 7-9-97
137-076-0045 Emergency Award; Overpayment In the event an emergency award or overpayment is made and it is later determined that the application for compensation is not compensable or that there has been an overpayment, the recipient shall reimburse the Department for all emergency award payments or overpayment made, upon request by the Department. If the recipient does not repay the funds, the Department may commence a civil action for the recovery of such monies. Statutory/Other Authority: ORS 147.205(1) Statutes/Other Implemented: ORS 147.055 History: DOJ 3-2017, f. 4-25-17, cert. ef. 4-27-17 JD 2-1997, f. & cert. ef. 7-9-97 JD 2-1992, f. & cert. ef. 3-2-92 JD 4-1983, f. & ef. 9-1-83
137-076-0050 Payment of Dependency Awards for Minors In the event that a loss of support compensation award is allowed to a minor child that is residing with a natural parent who is also the spouse of the deceased victim and entitled to a loss of suppport award, the award for the minor child shall be paid directly to the surviving spouse. Statutory/Other Authority: ORS 147.205(3) Statutes/Other Implemented: ORS 147.165 History: DOJ 4-2001, f. & cert. ef 6-1-01 JD 2-1992, f. & cert. ef. 3-2-92 JD 4-1983, f. & ef. 9-1-83
137-076-0055 Fraudulent Information Any applicant who misrepresents information in an application for crime victims’ compensation or in any other materials requested by the Department, forfeits any eligibility for compensation and the applicant’s application for compensation shall be denied with prejudice. Statutory/Other Authority: ORS 147.205(1) Statutes/Other Implemented: ORS 147.255 History: DOJ 3-2017, f. 4-25-17, cert. ef. 4-27-17 JD 2-1997, f. & cert. ef. 7-9-97 JD 2-1992, f. & cert. ef. 3-2-92 JD 4-1983, f. & ef. 9-1-83
137-076-0056 Reconsideration Requests (1) For the purposes of ORS 147.145, adult applicants shall have 90 calendar days from the date of the initial determination order to request review of the order by the Department. The request for review must be made in writing to the Department. If the request for review is made more than 90 calendar days after the date of the initial determination order, the Department may consider whether there is good cause to grant an extension of the deadline. No good cause extensions will be considered after three years have passed from the date of the initial determination order. The following events may constitute good cause for failure to submit a request for review within 90 calendar days: (a) Law enforcement identified new, relevant evidence regarding the compensable crime; (b) Physical or emotional trauma sustained by the victim that was a barrier to submit the request for reconsideration within the 90-day period; or (c) The applicant notified the Department of any changes in the applicant’s mailing address, but did not receive the Department’s initial determination order, and the applicant provides documentation that the Department did not properly mail the initial determination order. (2) The 90-day deadline for submitting a request for review does not apply to applicants under the age of 18. In order to be considered, a request for review from an applicant under the age of 18 must be received by the Department within three years of the initial determination order or before the applicant’s 21st birthday, whichever occurs later. Statutory/Other Authority: ORS 147.205(1) Statutes/Other Implemented: ORS 147.145 & ORS 147.035 History: DOJ 7-2024, amend filed 04/29/2024, effective 04/29/2024 DOJ 3-2017, f. 4-25-17, cert. ef. 4-27-17 DOJ 4-2001, f. & cert. ef. 6-1-01
137-076-0065 Negotiated Settlements If the victim is successful in a claim or legal action against the assailant or another party and is able to recover monetary damages, the Department shall be subrogated for the full amount of payments made by the Department. However, the Department may, at its sole discretion, waive all or part of its recovery, if it is determined to be in the best interests of the Department and the victim. Statutory/Other Authority: ORS 147.205(3) Statutes/Other Implemented: ORS 147.345 History: DOJ 3-2017, f. 4-25-17, cert. ef. 4-27-17 JD 2-1992, f. & cert. ef. 3-2-92 JD 4-1983, f. & ef. 9-1-83
137-076-0070 Payment of Grants Under ORS 147.231 (1) As used in ORS 147.231: (a) "Eligible public or private non-profit agency" means any public, state or local governmental entity or program or private non-profit organization that provides services to victims of violent crimes, property crimes and crimes involving fraud and deception; (b) "Services" includes but is not limited to, those services listed in ORS 147.231(3) and: (A) Training that enhances an eligible public or private non-profit agency’s ability to serve victims of violent crime; (B) Development of statewide procedures or services to enhance an eligible public or private non-profit agency’s program’s ability to respond to victims of violent crimes; (C) Community crisis response services; (D) Crime scene clean-up of residences; (E) Crime-related health and mental health services; and (F) Costs necessary to providing direct services to victims. (2) Department responsibilities: (a) The Department shall use the funds described in ORS 147.231 to support programs serving victims of violent crimes and the necessary administrative costs directly associated with providing services to such victims, as set forth in ORS 147.231. In administering this grant program, the Department may use any state-approved and legally binding disbursement method that meets the purpose of ORS 147.231; (b) The Department shall consult with the Attorney General's Victims of Crime Act (VOCA) Advisory Committee in the administration of these grant funds. All grant funds disbursed under ORS 147.231 must be recommended by the VOCA Advisory Committee and approved by the Attorney General. Statutory/Other Authority: ORS 147.231 Statutes/Other Implemented: ORS 147.231 & 147.227 History: DOJ 3-2017, f. 4-25-17, cert. ef. 4-27-17 DOJ 4-2001, f. & cert. ef. 6-1-01 DOJ 3-2001(Temp), f. & cert. ef. 4-5-01 thru 5-31-01 DOJ 3-2000, f. & cert. ef. 3-31-00
137-078-0000 Purpose ORS 147.227 et seq ("the Act") provides that the Attorney General or the designee shall disburse a portion of the moneys that the Criminal Injuries Compensation Account receives from the Criminal Fine Account (“CFA”) to counties and cities where prosecuting attorneys maintain victims’ assistance programs approved by the Attorney General. The Act also requires the Attorney General to adopt administrative rules establishing criteria for the equitable distribution of moneys disbursed under the Act. OAR 137-078-0000 through 137-078-0050 (the “Rules”) establish the criteria for the equitable distribution of moneys disbursed under the Act, and the establishment of an advisory committee to provide consultation on the distribution of the moneys. Statutory/Other Authority: ORS 147 Statutes/Other Implemented: ORS 147.227 History: DOJ 12-2015, f. & cert. ef. 10-8-15 DOJ 17-2010, f. 11-29-10, cert. ef. 12-1-10 DOJ 14-2010(Temp), f. 7-27-10, cert. ef. 8-2-10 thru 1-28-11 JD 1-1984, f. & ef. 3-5-84 JD 5-1983(Temp), f. & ef. 9-9-83
137-078-0005 Designee The designee of the Attorney General under the Act is the Administrator of the Oregon Department of Justice (“DOJ”) Crime Victims’ Services Division (“CVSD”), (“Administrator”). Statutory/Other Authority: ORS 147 Statutes/Other Implemented: ORS 147.227 History: DOJ 17-2010, f. 11-29-10, cert. ef. 12-1-10 DOJ 14-2010(Temp), f. 7-27-10, cert. ef. 8-2-10 thru 1-28-11 JD 1-1984, f. & ef. 3-5-84 JD 5-1983(Temp), f. & ef. 9-9-83
137-078-0010 Approval of Funding and Duration of Funding (1) To be eligible and approved for distribution of moneys under the Act (“Fund” or “Funding”), a city or county victims’ assistance program (“Program”) must be operational at the time an application for Funding is made. A Program is operational for the purposes of this rule if at the time of application for Funding, it is providing the core services set forth in 137-078-0030. (2) Programs which are determined to be eligible under the Act and these rules and are approved for Funding will continue to be approved for Funding indefinitely subject to the availability of Criminal Fine Account revenues, OAR 137-078-0050 and the following: (a) The Program shall complete an application for Funding, thereby indicating that the approved Program will continue in operation for the duration of the grant period. In the event the application indicates that the Program will not continue beyond the duration of the grant period, Funding for the Program will expire at the end of the grant period, or on the date the Program indicates it will no longer be operational, whichever is earlier. Any subsequent reactivation of a Program or initiation of a new Program will require a new application for Funding. (b) If a Program discontinues a core services as described in OAR 137-078-0030, the Administrator may require a new approval of Funding, based upon a new Program application, in order to continue Funding of the Program. The addition of services to an approved Program does not require a new approval or new Program application for continued Funding. (3) Program Funding will be made to approved Programs according to the criteria for equitable distribution of moneys set forth in the Act and these Rules. Program Funding will commence at the beginning of the fiscal year in which application for Funding is made, and will continue for a one or two year period immediately following execution of the Grant agreement for Funding by the Administrator. Funds will be distributed on a quarterly basis or as determined by the Administrator. Statutory/Other Authority: ORS 147 Statutes/Other Implemented: ORS 147.227 History: DOJ 12-2015, f. & cert. ef. 10-8-15 DOJ 17-2010, f. 11-29-10, cert. ef. 12-1-10 DOJ 14-2010(Temp), f. 7-27-10, cert. ef. 8-2-10 thru 1-28-11 JD 1-1984, f. & ef. 3-5-84 JD 5-1983(Temp), f. & ef. 9-9-83
137-078-0020 Conditional Approvals (1) “Conditional Approval” means Grant approval under circumstances in which the application establishes to the satisfaction of the Administrator that it would not be practicable at time of application for the Program to initiate or maintain a Program which provides all of the core services described in the Act and these rules. (2) Applications for Conditional Approval shall set forth a time table for implementation of all core services required under the Act and these rules that cannot be provided at the beginning of the funding period. (3) Conditional Approvals shall include the condition that continued approval is contingent upon complete implementation of additional services within an agreed to timetable, and that temporary approval for subsequent years will be contingent upon the addition of services and approval of the Administrator. Statutory/Other Authority: ORS 147 Statutes/Other Implemented: ORS 147.227 History: DOJ 17-2010, f. 11-29-10, cert. ef. 12-1-10 DOJ 14-2010(Temp), f. 7-27-10, cert. ef. 8-2-10 thru 1-28-11 JD 1-1984, f. & ef. 3-5-84 JD 5-1983(Temp), f. & ef. 9-9-83
137-078-0025 Application Process The application for Program approval shall be made upon documents or a web-based grant application system supplied by CVSD. Statutory/Other Authority: ORS 147 Statutes/Other Implemented: ORS 147.227 History: DOJ 17-2010, f. 11-29-10, cert. ef. 12-1-10 DOJ 14-2010(Temp), f. 7-27-10, cert. ef. 8-2-10 thru 1-28-11 JD 1-1984, f. & ef. 3-5-84 JD 5-1983(Temp), f. & ef. 9-9-83
137-078-0035 Maintenance and Retention of Records (1) The Program shall maintain accurate, complete, orderly, and separate records. All records and documents must be adequately stored and protected from fire, electronic disclosure, and other damage. All record books, documents, and records related to the program must be accessible to the Administrator or his or her designee for inspection and audit. The accounting system shall insure that CFA funds are not commingled with funds from any other source. Funds specifically budgeted for/or received in connection with one grant may not be used to fund another grant. Revenues and expenditures for each grant shall be separately identified and tracked within the grantee’s accounting system or records. In the event a grantee’s accounting system cannot comply with this requirement, the grantee shall establish a system to provide adequate fund accountability for each grant awarded. Any carryover of CFA funds shall not revert to or be transferred to the city or county’s general fund or other fund. A “carryover” is defined as any unexpended monies remaining in a Program, at the end of the term of the grant for the Program. (2) All records must be secured and confidential and retained in accordance with the Oregon Department of Justice record retention scheduled as required in OAR 166-300-0015, 0025. Statutory/Other Authority: ORS 147 Statutes/Other Implemented: ORS 147.227 History: DOJ 12-2015, f. & cert. ef. 10-8-15 DOJ 17-2010, f. 11-29-10, cert. ef. 12-1-10 DOJ 14-2010(Temp), f. 7-27-10, cert. ef. 8-2-10 thru 1-28-11 JD 1-1984, f. & ef. 3-5-84 JD 5-1983(Temp), f. & ef. 9-9-83
137-078-0040 Fiscal and Contracting Requirements In addition to Program application documents, subsidiary record documentations, and source documents, e.g., invoices, time and payroll records, and cost computations are the instruments upon which expenditure of grant Funding and Program compliance will be determined. All ledger account entries must be supported by secondary or intermediate records in the original source documentation. Programs shall follow Generally Accepted Accounting Principles (GAAP) standards. Programs that do not follow GAAP standards and practices may be subject to an additional program reviews which may result in non-renewal of program approval. Statutory/Other Authority: ORS 147 Statutes/Other Implemented: ORS 147.227 History: DOJ 17-2010, f. 11-29-10, cert. ef. 12-1-10 DOJ 14-2010(Temp), f. 7-27-10, cert. ef. 8-2-10 thru 1-28-11 JD 5-1983(Temp), f. & ef. 9-9-83
137-078-0045 Annual Report The Program shall submit reports as required by CVSD for each year of Funding provided by the Grant. Reports shall be submitted within 30 days of receiving instructions from the Administrator. Failure to submit reports by the due date established in the instructions may result in a suspension of funds disbursed to the Program until the reports are submitted and approved. A certification form shall also provide for verification of carryover funds. Statutory/Other Authority: ORS 147 Statutes/Other Implemented: ORS 147.227 History: DOJ 12-2015, f. & cert. ef. 10-8-15 DOJ 17-2010, f. 11-29-10, cert. ef. 12-1-10 DOJ 14-2010(Temp), f. 7-27-10, cert. ef. 8-2-10 thru 1-28-11 JD 1-1984, f. & ef. 3-5-84 JD 5-1983(Temp), f. & ef. 9-9-83
137-078-0050 Disapproval of Program for Funding — Discontinuance of Funding (1) The Administrator may suspend or terminate any Program for Funding that does not comply with the Act or these Rules. The Administrator may also suspend or terminate Funding because of the Program's failure to comply with the approved Program or Grant conditions. Prior to any disapproval or suspension or termination of Funding, the Administrator or his or her designee will contact the district or city attorney to assist in development of an approvable program or in correcting any deviation from applicable standards and requirements. In the case of termination of funding, 30-days advance notice will be provided by the Administrator to the district or city attorney. (2) A district or city attorney may request reconsideration of any decision resulting in the suspension or termination of Program Funding. The process is as follows: (a) The district or city attorney shall first request reconsideration in writing to the Administrator, detailing the reasons for disagreement with CVSD’s decision. The Administrator will reconsider any decision for which request for reconsideration is received, and will notify the district or city attorney within a reasonable period of time in writing of the reconsideration decision; (b) Any district or city attorney who requests review by the Administrator and who disagrees with the reconsideration decision may appeal to the Deputy Attorney General. Requests for the Deputy Attorney General's review shall be in writing. The Deputy Attorney General's decision will be in writing and will be final. Statutory/Other Authority: ORS 147 Statutes/Other Implemented: ORS 147.227 History: DOJ 17-2010, f. 11-29-10, cert. ef. 12-1-10 DOJ 14-2010(Temp), f. 7-27-10, cert. ef. 8-2-10 thru 1-28-11 JD 1-1984, f. & ef. 3-5-84 JD 5-1983(Temp), f. & ef. 9-9-83