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The Oregon Administrative Rules contain OARs filed through May 15, 2017
 
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DEPARTMENT OF JUSTICE

 

DIVISION 76

CRIME VICTIMS' COMPENSATION

137-076-0000

Authority for Rules

These rules are adopted under the Department of Justice's authority contained in ORS 147.205(1).

Stat. Auth.: ORS 147.205(1)
Stats. Implemented:
Hist.: JD 4-1983, f. & ef. 9-1-83; JD 2-1992, f. & cert. ef. 3-2-92; DOJ 3-2017, f. 4-25-17, cert. ef. 4-27-17

137-076-0005

Scope of Rules

These rules implement ORS 147.005 through 147.367 related to the compensation of crime victims.

Stat. Auth.: ORS 147.205(3)
Stats. Implemented:
Hist.: JD 4-1983, f. & ef. 9-1-83; JD 2-1992, f. & cert. ef. 3-2-92; DOJ 3-2017, f. 4-25-17, cert. ef. 4-27-17

137-076-0010

Definitions

As used in ORS 147.005 through 147.367 and OAR Chapter 137 Division 76, unless the context requires otherwise:

(1) “Counseling” as used in ORS 147.005(5) means the assessment, diagnosis or treatment of mental, emotional or behavioral disorders or trauma directly related to a compensable crime.

(2) “Department” means the Crime Victims’ Services Division of the Department of Justice.

(3) “Direct or collateral review” as used in ORS 147.035 means proceedings in the Oregon Court of Appeals or Supreme Court to review a judgment of conviction, appeals by the State under ORS 138.060, judicial review of a petition for post-conviction relief filed by a petitioner under ORS 138.540, or federal habeas corpus proceedings under 28 U.S.C. 2254.

(4) “Disability” means the temporary or permanent inability to perform one’s essential job duties. The disability must be established by medical evidence supported by the objective findings of a medical practitioner.

(5) "Failure to cooperate" as used in ORS 147.015 means any act or omission by a victim that prejudices a law enforcement agency in the timely investigation of a crime or which causes the agency to abandon its investigation, or prejudices a prosecuting official in a timely prosecution of the crime or causes or contributes to a decision by the official to abandon prosecution.

(6) "Family" as used in ORS 147.035(4)(a) means any of the following, determined at the time of the compensable crime:

(a) Any person related to the victim by blood, marriage or adoption;

(b) The partner, domestic partner, or fiancé of the victim or of a parent of the victim; or

(c) Any person who had the same primary residence as the victim at the time of the compensable crime.

(7) "Immediate family member" as used in ORS 147.005(14) means any of the following, determined at the time of the compensable crime:

(a) Any person related to the victim by blood, marriage, or adoption within the 3rd degree of consanguinity; or

(b) The partner, domestic partner, or fiancé of the victim or of a parent of the victim.

(8) “Interest of justice requires” as used in ORS 147.105(6) includes, but is not limited to a situation where an applicant who failed to satisfy a financial obligation has applied for crime victim compensation as a victim of domestic violence or sexual assault, unless the unpaid financial obligation arose from restitution owed as a result of a violent crime perpetrated by the applicant.

(9) “Household member” as used in ORS 147.005(14) means any person who had the same primary residence as the victim at the time of the compensable crime.

(10) "Financial obligation" as used in ORS 147.105(6) means a financial debt ordered or imposed by a court, within or outside of the State of Oregon, as a result of a previous criminal conviction.

(11) "Friend or acquaintance" as used in ORS 147.025(2)(b) means a person the victim knew well and with whom the victim had an amicable relationship, or someone who had been introduced to, or knew the victim, but who may not have been a close friend.

(12) “Good cause” for failure to report or cooperate with law enforcement as used in ORS 147.015(1)(b) and 147.015(1)(c) exists if:

(a) The victim fails to report or cooperate based on a reasonable fear that doing so would result in retaliation to the victim or another person;

(b) The crime committed against the victim is sexual assault, domestic violence or stalking;

(c) The crime is physical or sexual abuse and the victim is a child under 18 years of age;

(d) The victim fails to report or cooperate due to the traumatic nature of the crime;

(e) The victim is physically unable to report or cooperate because of the severity of the trauma resulting from the crime; or

(f) Any other circumstance for which the Department of Justice determines satisfactory.

(13) "Good cause” for failure to satisfy a financial obligation as used in ORS 147.105(6) means a physical or mental injury suffered by the applicant that can be documented by a medical practitioner that caused the applicant to be unable to satisfy a financial obligation.

(14) “Involved in the hearing” and “involved in the oral argument” as used in ORS 147.005(11), 147.025 and 147.035 means that the victim, survivor, dependent or personal representative attended the hearing or oral argument, or participated in the hearing by providing testimony or a written statement.

(15) “Medical practitioner” means one of the following medical providers who are able to prescribe controlled substances in the course of professional practice:

(a) Doctor of Medicine licensed under ORS Chapter 677;

(b) Doctor of Osteopathy licensed under ORS Chapter 677;

(c) Podiatric Physician or Surgeon licensed under ORS Chapter 677;

(d) Dentist or Oral Surgeon licensed under ORS Chapter 679;

(e) Nurse Practitioner licensed under ORS Chapter 678;

(f) Physician’s Assistant with drug dispensing authority from the Board of Medical Examiners for the State of Oregon licensed under ORS Chapter 677; or

(g) Naturopathic Physician licensed under ORS Chapter 685.

(16) “Personal representative” as used in ORS 147.025(3)(a) means a person selected by the victim, survivor or dependent to attend the hearing or oral argument on behalf of the victim, survivor, or dependent.

(17) “Prior resource” means a benefit, court award or settlement payable or available to the victim or survivor. Prior resource may include but is not limited to: private or public health insurance, automobile insurance, workers’ compensation, disability insurance, homeowner’s insurance, social security benefits, accidental death and dismemberment insurance, sick leave, paid time off, public assistance, restitution, civil settlements, and tribal per capita payments but does not include Indian Health Services insurance.

(18) "Reject with prejudice" means denial of the applicant's claim with conclusive and final legal effect.

(19) "Substantially attributable to the wrongful act of the victim" as used in ORS 147.015(1)(e) means the victim’s injury was directly or indirectly attributable to a wrongful act from which there can be a reasonable inference that, had the act not been committed, the crime complained of likely would not have occurred.

(20) "Substantial provocation" as used in ORS 147.015(1)(e) means a voluntary act by the victim which was intended or likely to provoke a violent response, and from which there can be a reasonable inference that, had the act not occurred, the crime likely would not have occurred.

(21) “Wrongful act" means any act that is unlawful or meets the elements of a crime, violation or infraction. "Wrongful act" also includes but is not limited to a parole or probation violation or violation of a custody release agreement.

Stat. Auth.: ORS 147.205(1)
Stats. Implemented: ORS 147.005, 147.015(1), 147.025(3)(a), 147.125(1)(c)
Hist.: JD 4-1983, f. & ef. 9-1-83; JD 1-1987(Temp), f. & ef. 1-8-87; JD 2-1992, f. & cert. ef. 3-2-92; JD 18-1992, f. 10-30-92, cert. ef. 11-2-92; DOJ 4-2001, f. & cert. ef. 6-1-01; DOJ 14-2004, f. & cert. ef. 11-22-04; DOJ 3-2017, f. 4-25-17, cert. ef. 4-27-17

137-076-0015

Authority of Administrator and Program Director

Any orders issued by the Administrator, Assistant Administrator or Program Director in carrying out the Department of Justice's authority to administer ORS Chapter 147 and the rules adopted pursuant thereto are considered orders of the Department of Justice and Attorney General of the State of Oregon.

Stat. Auth.: ORS 147.205(3)
Stats. Implemented: ORS 147.205 - 147.227
Hist.: JD 4-1983, f. & ef. 9-1-83; JD 2-1992, f. & cert. ef. 3-2-92; DOJ 4-2001, f. & cert. ef. 6-1-01

137-076-0016

Eligibility Criteria

Unless otherwise required by statute, for the purpose of determining an applicant’s eligibility for crime victim compensation under ORS 147.005 through 147.367 and computing the type and amount of any compensation awarded to the applicant, the Department must use the statutory eligibility criteria and award limits in effect on the date of the crime against the victim.

Stat. Auth.: ORS 147.205(3)
Stats. Implemented:
Hist.: DOJ 14-2004, f. & cert. ef. 11-22-04; DOJ 3-2017, f. 4-25-17, cert. ef. 4-27-17

137-076-0017

Contributory Conduct

(1) For the purposes of ORS 147.125(1)(c) the Department may deny or reduce an award of compensation up to one hundred percent (100%) when there is evidence that voluntary conduct by the victim directly or indirectly contributed to the victim’s injuries or death.

(2) When determining the degree or extent to which the victim’s conduct directly or indirectly contributed to the injury or death of the victim under ORS 147.125(1)(c) the Department may consider all relevant circumstances related to the victim’s conduct, including whether it would have been foreseeable to a reasonable person that injury or death may result from the conduct.

(3) Contributory conduct by a victim may include, but is not limited to:

(a) Evidence the victim engaged in specific and recent violence directed toward the suspect for which the suspect is retaliating;

(b) Actions on the part of the victim that places the suspect in imminent fear of physical injury, if the suspect was not engaged in similar posturing;

(c) Failing to retreat from a situation when the risk of injury is imminent and the option to retreat is readily available;

(d) Initiating or escalating a confrontation through actions.

Stat. Auth.: ORS 147.125(1)(c)
Stats. Implemented: ORS 147.125
Hist.: DOJ 3-2017, f. 4-25-17, cert. ef. 4-27-17

137-076-0019

Fee Schedules

The Department shall calculate payment of eligible crime-related medical expenses under ORS 147.005 to 147.367 as follows:

(1) When the victim of a compensable crime has been awarded compensation and does not have insurance benefits or any other prior resource to pay for crime-related medical or counseling expenses, the Department shall pay crime-related medical and counseling expenses at the rates in the Oregon Workers’ Compensation medical fee schedules set forth in OAR 436-009-0040 except in the following circumstances:

(a) When crime-related medical expenses are incurred in another state, payment is made at 75% of the billed amount;

(b) Payment for medical expenses involving dental work shall be calculated based on Oregon regional dental charges using a Dental Customized Fee Analyzer, which is paid at the 75% percentile for the specific procedure. The Dental Customized Fee Analyzer is available for inspection at the offices of the Department, 1162 Court St NE, Salem, Oregon, 97301, between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday, excluding holidays;

(c) Ambulance and emergency transportation services are paid at 75% of the billed amount;

(d) Counseling services must be provided by one of the following counseling providers in order to be eligible for payment by the Department, and shall be paid at the following hourly rates:

(A) Qualified Mental Health Professionals as defined in OAR 309-039-0510(10) shall be paid at the hourly rate of $55.00;

(B) Counselors, therapists, and social workers licensed by the Oregon Board of Licensed Professional Counselors and Therapists under ORS 675.705 through 675.835 shall be paid at the hourly rate of $85.00;

(C) Psychologists licensed under ORS Chapter 675 shall be paid at the hourly rate of $110.00;

(D) Psychiatric nurses licensed under ORS Chapter 678; shall be paid at the hourly rate of $110.00;

(E) Doctor of Medicine or Doctor of Osteopathy licensed under ORS Chapter 677 shall be paid at the hourly rate of $140.00.

(2) For the purposes of ORS 147.035(7) and (8), “other expenses” related to the review or hearing shall be paid as follows, up to the maximum amount of the award or $3,000, whichever is less:

(a) Lodging expenses shall be reimbursed at actual expense, not to exceed the 2017 federal per diem lodging rates for Oregon found at http://www.gsa.gov/portal/content/104877, if the location of the hearing or oral argument is more than 70 miles one-way from the residence of the victim, survivor, dependent, or personal representative, and upon submission of a valid receipt. Reimbursement will only be provided for the number of nights necessary for the victim, survivor, or dependent to attend or be involved in the hearing or oral argument, as determined by the Department;

(b) Other reasonable and necessary incidental expenses generally associated with travel and necessary for the victim, survivor, dependent, or personal representative to travel to the hearing or oral argument shall be paid at actual expense, at the discretion of the Department, up to a total amount not to exceed the 2017 federal per diem incidental rates for Oregon found at http://www.gsa.gov/portal/content/104877 and upon submission of a valid receipt;

(c) Mileage reimbursement shall be paid at $0.30 per mile for actual round-trip travel from the residence of the victim, survivor, dependent, or personal representative to the location of the hearing or oral argument. In lieu of mileage reimbursement, the Department may, at its discretion, reimburse reasonable and necessary round-trip car rental or bus, train, or air fare, upon submission of a valid receipt.

Stat. Auth.: ORS 147.205(1)(c)
Stats. Implemented: ORS 147.035
Hist.: DOJ 3-2017, f. 4-25-17, cert. ef. 4-27-17

137-076-0020

Definition of Reasonable Expenses

(1) As used in this rule, “necessary services” are those required for the treatment of physical or psychological injury suffered by the victim as a direct result of a crime.

(2) For purposes of ORS 147.035, reasonable hospital expenses shall be limited to expenses for necessary services provided by licensed hospitals and by other health care facilities licensed to provide services that may otherwise be supplied by hospitals.

(3) For purposes of ORS 147.035, reasonable medical expenses shall be limited to ambulance expenses and expenses for necessary services provided by a Medical Practitioner. Medical treatment provided by any other medical provider may be reimbursable if at the time treatment began it was approved by and provided under the supervision of a Medical Practitioner. Medical treatment provided by any other medical provider without a referral from a Medical Practitioner may be compensated for up to 5 visits within 90 days from the date of the first crime-related visit by the victim, at the discretion of the Department, if the medical provider is licensed in Oregon under the provisions governing that provider's profession.

(4) For purposes of ORS 147.025 and 147.035, reasonable psychiatric, psychological or counseling expenses are limited to expenses for necessary services provided by psychiatrists or physicians licensed under ORS Chapter 677, or psychiatric mental health nurse practitioners licensed under ORS Chapter 678, or licensed psychologists, licensed clinical social workers, licensed professional counselors, licensed psychologist associates or licensed marriage and family therapists licensed under ORS Chapter 675, or qualified mental health professionals as defined in OAR 309-039-0510(10). The Department shall have the authority to grant an exception to the above requirements when justification is provided that none of the above-referenced mental health treatment providers is a reasonable option for addressing the crime-related needs of a specific victim.

(5) For purposes of ORS 147.035, rehabilitation expenses are limited to necessary services associated with physical rehabilitation, vocational training, or adaptations to allow a victim to conduct daily living tasks.

Stat. Auth.: ORS 147.205(1)
Stats. Implemented: ORS 147.025 & 147.035
Hist.: JD 4-1983, f. & ef. 9-1-83; JD 2-1992, f. & cert. ef. 3-2-92; JD 18-1992, f. 10-30-92, cert. ef. 11-2-92; DOJ 3-2001(T), f. & cert. ef. 4-5-01 thru 5-31-01; DOJ 4-2001, f. & cert. ef. 6-1-01; DOJ 14-2004, f. & cert. ef. 11-22-04; DOJ 3-2017, f. 4-25-17, cert. ef. 4-27-17

137-076-0025

Lost Earnings and Loss of Support Compensation

(1) A victim is eligible for loss of earnings when:

(a) The victim is eligible to receive compensation under ORS 147.005 to 147.367;

(b) The victim was gainfully employed or receiving unemployment benefits at the time of the criminal injury; and

(c) The victim is prevented from working as a direct result of the criminal injury.

(2) Compensation for lost earnings under ORS 147.035(2)(b) shall be computed on the basis of the victim's documented net earnings on the date of the compensable injury. If the Department is unable to document net earnings but can document gross earnings, the Department may use 70% of the victim's documented gross earnings to compute net lost earnings compensation. Possible future earnings may not be considered as a basis for lost earnings compensation.

(a) Compensation for lost earnings may be paid for subsequent crime-related periods of disability. The lost earnings compensation amount for subsequent periods of disability shall be recalculated to reflect the victim’s present net earnings at the time of the subsequent period of disability, and shall be paid accordingly;

(b) Lost earnings compensation for periods of disability in excess of 10 working days may be paid only if the period of disability is confirmed by a medical practitioner;

(c) If a victim was not working at the time of the criminal incident but has a history of annual earnings through periodic work such as seasonal work, contracting, or temporary assignments, the victim may still be eligible for lost earnings compensation if the Department receives proper documentation to support the net earnings. For this purpose, the applicant must provide the Department with either W-2 forms or a complete federal income tax return with all schedules that reflects the victim’s earnings for the preceding twelve month period. This documentation shall be used by the Department to determine the victim’s annual income and provide a basis for calculating the disability period, if applicable. If a victim is self-employed, the Department may require additional documentation to verify the loss of earnings;

(d) Where a replacement is hired to fulfill the duties of an injured victim and the cost of this replacement person is a direct financial cost to the victim, the Department may use the documented replacement cost as the basis for calculating lost earnings compensation;

(e) Under no circumstances may lost earnings compensation exceed the weekly or aggregate per-claim maximum amounts set forth in ORS 147.035(2)(b).

(3) A victim’s dependents are eligible for loss of support when:

(a) The victim’s dependents are eligible to receive compensation under ORS 147.005 to 147.367 and OAR 137-076-0025(4);

(b) The victim was gainfully employed or receiving unemployment benefits at the time of the criminal injury; and

(c) The victim is deceased as a result of the criminal injury.

(4) The amount of compensation for loss of support shall be based on the deceased victim’s documented net earnings at the time of death. If the Department is unable to document net earnings but can document gross earnings, the Department may use 70% of the deceased victim’s documented gross earnings to compute net loss of support compensation.

(a) Under no circumstances may loss of support compensation exceed the weekly or aggregate per-claim maximum amounts set forth in ORS 147.035(3)(c);

(b) Compensation for loss of support may include documented loss of child support, if applicable. Loss of child support is calculated based on the amount of child support received by the child from the victim at the time of the victim’s death;

(c) Loss of support compensation may be paid to documented dependent children until the age of 18, or until the age of 21 if the dependent child is a full time college student. If the documented dependent child is a minor, payment shall be made to the child’s legal guardian. If the documented dependent child is adopted following the death of the victim, loss of support compensation shall end upon the date of adoption;

(d) Loss of support compensation may also be paid to a dependent spouse of a deceased victim until remarriage, and any relative of the deceased victim who is a financial dependent of the deceased victim at the time of the death of the victim;

(e) Where a deceased victim and a surviving spouse both have income at the time of the criminal incident that caused the victim’s death, the independent income of the deceased victim shall be used to determine loss of support compensation for the deceased victim’s surviving dependents, including a surviving dependent spouse, regardless of the surviving dependent spouse’s income.

Stat. Auth.: ORS 147.205(1)
Stats. Implemented: ORS 147.035
Hist.: JD 4-1983, f. & ef. 9-1-83; JD 2-1992, f. & cert. ef. 3-2-92; JD 2-1997, f. & cert. ef. 7-9-97; DOJ 4-2001, f. & cert. ef. 6-1-01; DOJ 14-2004, f. & cert. ef. 11-22-04; DOJ 3-2017, f. 4-25-17, cert. ef. 4-27-17

137-076-0030

Good Cause for Extending Application Deadline

(1) An application for compensation shall be considered filed when received in the office of the Department.

(2) “Good cause” for failure to file an application for compensation within one year of the date of the crime under ORS 147.015(1)(f) includes the victim’s lack of knowledge of the Crime Victims’ Compensation Program, failure of an investigating officer to provide information to the victim as required by ORS 147.365(1), or mental or physical trauma sustained by the victim rendering the victim unable to timely file the application for compensation. When good cause no longer exists, the victim must file the application for compensation within 30 days.

Stat. Auth.: ORS 147.205(1)
Stats. Implemented: ORS 147.015
Hist.: JD 4-1983, f. & ef. 9-1-83; JD 2-1992, f. & cert. ef. 3-2-92; JD 2-1997, f. & cert. ef. 7-9-97; DOJ 3-2017, f. 4-25-17, cert. ef. 4-27-17

137-076-0032

Suspension of Application for Compensation

If, following the acceptance of a claim application and granting of an award, the Department requires additional information from the applicant in order to further process compensation payments, a request for this additional information will be mailed to the applicant. If the applicant fails to respond within 30 days of the date the request for information was mailed, the Department shall send a second notice by certified mail, return receipt requested, to the applicant's last known address informing the applicant that the application for compensation will be suspended unless the applicant provides the requested information or files a request for extension of time with the Department within 30 days. If the applicant does not respond within 30 days of the mailing of the certified letter, the application for compensation shall be closed.

Stat. Auth.: ORS 147.205(1)
Stats. Implemented: ORS 147.105
Hist.: JD 2-1992, f. & cert. ef. 3-2-92; JD 2-1997, f. & cert. ef. 7-9-97; DOJ 4-2001, f. & cert. ef. 6-1-01; DOJ 3-2017, f. 4-25-17, cert. ef. 4-27-17

137-076-0034

Request to Withdraw or Close an Application

An applicant may request that the applicant’s 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.

Stat. Auth.: ORS 147.205(1)
Stats. Implemented: ORS 147.015 & 147.135
Hist.: JD 2-1992, f. & cert. ef. 3-2-92; JD 2-1997, f. & cert. ef. 7-9-97; DOJ 3-2017, f. 4-25-17, cert. ef. 4-27-17

137-076-0037

Payment of Catastrophic Injury Claims

(1) For the purpose of ORS 147.035(11), 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 mental or physical abilities or both, and that reduction significantly alters the victim's ability to interact with others or carry on the normal functions of life, or both;

(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;

(b) Whether the injury is permanent or long term; and

(c) Whether a victim is receiving benefits as a result of being determined permanently disabled pursuant to the provisions of 42 U.S.C. 1381, et. seq. A victim receiving benefits under 42 U.S.C. 1381, et seq. must provide all of the following to the Department:

(A) A copy of the Social Security Administration's determination of permanent disability;

(B) Documentation of the crime underlying the injury; and

(C) Medical documentation by a licensed physician addressing the criteria set forth in OAR 137-076-0037(1) and (2).

(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; or

(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) At the Department's discretion, the Department may periodically order a medical examination of the victim and a report concerning the victim’s injury, performed by an impartial Medical Practitioner. The purpose of this discretionary medical examination is to reaffirm or verify the victim's continued eligibility for benefits and payments under this rule.

(a) The medical examination and report must address the victim's current medical state, and include information about the criteria set forth in OAR 137-076-0037(1) and (2);

(b) The Department must reimburse the costs of any medical examination and report ordered by the Department pursuant to this rule.

(7) 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 under this rule.

(8) If the victim ceases to meet the criteria for catastrophic, the victim shall immediately notify the Department.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 147.035(12) & 147.205
Stats. Implemented: ORS 147.035(11), (12)
Hist.: DOJ 4-2002, f. 5-30-02, cert. ef. 6-1-02; DOJ 3-2017, f. 4-25-17, cert. ef. 4-27-17

137-076-0040

Payment of Benefits

No compensation benefits will be paid until they are accrued and all required documentation is received by the Department.

Stat. Auth.: ORS 147.205(1)
Stats. Implemented: ORS 147.035
Hist.: JD 4-1983, f. & ef. 9-1-83; JD 2-1992, f. & cert. ef. 3-2-92; DOJ 4-2001, f. & cert. ef. 6-1-01; DOJ 3-2017, f. 4-25-17, cert. ef. 4-27-17

137-076-0043

Submission of Bills

(1) Requests for payment of crime related services shall be submitted in the form of an itemized billing statement detailing the services provided, provider 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 no later than one year from the date of service and within 60 days of claim expiration. Failure to submit bills to the Department within these time frames 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(9) and (10), except 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.

Stat. Auth.: ORS 147.205(1)
Stats. Implemented: ORS 147.035
Hist.: JD 2-1997, f. & cert. ef. 7-9-97; DOJ 4-2001, f. & cert. ef. 6-1-01; DOJ 3-2017, f. 4-25-17, cert. ef. 4-27-17

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.

Stat. Auth.: ORS 147.205(1)
Stats. Implemented: ORS 147.055
Hist.: JD 4-1983, f. & ef. 9-1-83; JD 2-1992, f. & cert. ef. 3-2-92; JD 2-1997, f. & cert. ef. 7-9-97; DOJ 3-2017, f. 4-25-17, cert. ef. 4-27-17

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.

Stat. Auth.: ORS 147.205(3)
Stats. Implemented: ORS 147.165
Hist.: JD 4-1983, f. & ef. 9-1-83; JD 2-1992, f. & cert. ef. 3-2-92; DOJ 4-2001, f. & cert. ef 6-1-01

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.

Stat. Auth.: ORS 147.205(1)
Stats. Implemented: ORS 147.255
Hist.: JD 4-1983, f. & ef. 9-1-83; JD 2-1992, f. & cert. ef. 3-2-92; JD 2-1997, f. & cert. ef. 7-9-97; DOJ 3-2017, f. 4-25-17, cert. ef. 4-27-17

137-076-0056

Reconsideration Requests

(1) For the purposes of ORS 147.145, adult applicants shall have 90 days from the date of the initial determination order to request reconsideration by the Department. The request must be made in writing to the Department. If the request for reconsideration is made more than 90 days after the 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 reconsideration within 90 days:

(a) Law enforcement identified new relevant evidence regarding the criminal incident;

(b) Physical or mental trauma rendered the applicant unable to submit the request for reconsideration within the 90-day period;

(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 reconsideration does not apply to applicants under age 18. In order to be considered, a request for reconsideration 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.

Stat. Auth.: ORS 147.205(1)
Stats. Implemented: ORS 147.145 & 147.035
Hist.: DOJ 4-2001, f. & cert. ef. 6-1-01; DOJ 3-2017, f. 4-25-17, cert. ef. 4-27-17

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.

Stat. Auth.: ORS 147.205(3)
Stats. Implemented: ORS 147.345
Hist.: JD 4-1983, f. & ef. 9-1-83; JD 2-1992, f. & cert. ef. 3-2-92; DOJ 3-2017, f. 4-25-17, cert. ef. 4-27-17

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.

Stat. Auth.: ORS 147.231
Stats. Implemented: ORS 147.231 & 147.227
Hist.: DOJ 3-2000, f. & cert. ef. 3-31-00; DOJ 3-2001(T), f. & cert. ef. 4-5-01 thru 5-31-01; DOJ 4-2001, f. & cert. ef. 6-1-01; DOJ 3-2017, f. 4-25-17, cert. ef. 4-27-17

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