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

 

DIVISION 80

CRIME VICTIMS' COMPENSATION

137-080-0005

Definitions

As used in these rules:

(1) "Administrator" means the director of the Crime Victims’ Services Division of the Oregon Department of Justice.

(2) "Contract" means an agreement entered into by any person or legal entity to pay or deliver the proceeds of a compensable crime to any individual charged with or convicted of committing a compensable crime in the State of Oregon or found guilty except for insanity with regard to such a crime, or to a representative or assignee of that individual.

(3) "Compensable Crime" has the meaning under ORS 147.005.

(4) "Department" means the Crime Victims’ Services Division of the Oregon Department of Justice.

(5) "Dependent" has the meaning under ORS 147.005.

(6) "Escrow Account" means an account established by the Department with the State Treasurer dedicated for the purpose of ORS 147.275.

(7) "Judgment" means a money judgment received in a civil action for damages suffered as a result of a compensable crime.

(8) "Victim" has the meaning under ORS 147.005.

Stat. Auth.: ORS 147
Stats. Implemented: ORS 147.275
Hist.: JD 3-1985(Temp), f. & ef. 9-20-85; JD 1-1986, f. & ef. 1-15-86; DOJ 3-2017, f. 4-25-17, cert. ef. 4-27-17

137-080-0010

Determining Contracts

(1) Upon receipt of information concerning a contract, judgment, or restitution order which may be subject to the provisions of ORS 147.275, the administrator shall promptly investigate as necessary and determine whether the subject contract, judgment or restitution order falls within the provisions of ORS 147.275. Upon completion of such investigation, the administrator shall issue in writing a proposed determination order with regard to the contract, judgement, or restitution order in question.

(2) Written notice of the proposed determination order shall be served either personally or by registered or certified mail on the contracting party or parties, the person charged with, convicted, or found guilty except for insanity of the crime, and any known victims or dependents of deceased victims of the crime, and by certified mail, return receipt requested on such other persons or legal entities as the administrator may determine have an interest in the contract or subject matter of the proposed determination order. Such notice shall contain the following statement:

"This proposed determination order will become final 30 days after the date of service of this notice unless a hearing is requested in writing by an interested party within that time. If you disagree with the proposed determination order, you have the right to request a hearing before the Department of Justice prior to a final determination in this matter. A request for a hearing must be made in writing addressed to: Administrator, Crime Victims’ Services Division, Oregon Department of Justice, 1162 Court St NE, Salem, Oregon 97301. The request must state the reason for your disagreement with the proposed determination order, and your interest in this matter."

(3) If a hearing is not requested within the time allowed, the proposed determination order shall become the final decision of the Department.

(4) Upon receipt of a request for a hearing, the administrator shall conduct or shall appoint a hearing officer to conduct a hearing on the matter.

(5) The party requesting the hearing and all persons or entities mentioned in section (2) of this rule shall be notified in writing of the time, place and purpose of the hearing and informed of the rights of a party under ORS 183.413. A copy of the request for hearing shall also be provided. The notice shall be mailed certified mail, return receipt requested, not less than ten days before the date of the hearing.

(6) The hearing shall be conducted as a contested case in accordance with ORS Chapter 183 and the Attorney General's Model Rules of Procedure.

(7) Whenever the administrator determines that a substantial danger exists that proceeds paid or owing to a person charged with or convicted of a crime pursuant to a contract which may be subject to the provisions of ORS 147.275, may be concealed, wasted, converted, assigned, encumbered, disposed of, or removed from the state, prior to a final decision of the Department on the applicability of the statute to the contract; or where a necessary party to the determination cannot be served with notice of the Department's proposed determination order despite diligent efforts to do so; the administrator may issue an emergency determination on behalf of the Department providing for the turning over of such proceeds to the Department, pending the outcome of a hearing, if requested, and a final decision by the Department.

Stat. Auth.: ORS 147
Stats. Implemented: ORS 147.275
Hist.: JD 3-1985(Temp), f. & ef. 9-20-85; JD 1-1986, f. & ef. 1-15-86; DOJ 3-2017, f. 4-25-17, cert. ef. 4-27-17

137-080-0015

Notice of Establishment of an Escrow Account

In the case where a victim of a compensable crime is deceased, the notice to be published by the Department for five years from the establishment of an escrow account under ORS 147.275, shall advise the dependents of such victims of the availability of proceeds held in escrow to satisfy judgments for damages suffered as a result of the crime.

Stat. Auth.: ORS 147
Stats. Implemented: ORS 147.275
Hist.: JD 3-1985(Temp), f. & ef. 9-20-85; JD 1-1986, f. & ef. 1-15-86; DOJ 3-2017, f. 4-25-17, cert. ef. 4-27-17

137-080-0025

Notice of Action for Damages by Beneficiary of an Escrow Account

If any person or the representative of any person who has received a crime victim compensation award from the Department under ORS Chapter 147 or any victim or dependent of a deceased victim or their representative who may because of a resulting judgment become the beneficiary of an escrow account established under ORS 147.275 brings an action for damages against the person or persons criminally liable for injury or death giving rise to an award or to the establishment of an escrow account, he or she shall give written notice to the Department of the commencement of such action at the time such action is commenced. Such notice shall be served personally or by certified mail, return receipt requested, upon the administrator. Such persons shall keep the administrator timely apprised in writing of any subsequent settlements, judgments, or other disposition of such action.

Stat. Auth.: ORS 147
Stats. Implemented: ORS 147.275
Hist.: JD 3-1985(Temp), f. & ef. 9-20-85; JD 1-1986, f. & ef. 1-15-86; DOJ 3-2017, f. 4-25-17, cert. ef. 4-27-17

137-080-0030

Contracts with Convicted Persons to Tell Story of Crime

(1) Contracts described in ORS 147.275(1) include any such contract under which payment is due, on or after September 20, 1985, to an individual charged with or convicted of committing a compensable crime (as defined in ORS 147.005) in this state, or who is found guilty, except for insanity, of such a crime, or who is the representative or assignee of any such individual. A copy of such contracts shall promptly be submitted to the Department by any person or entity contracting with an individual, representative or assignee described above.

(2) Monies payable to the Department pursuant to ORS 147.275, for deposit into escrow include any monies which would otherwise, under the terms of a contract described in section (1) of this rule, be paid to the accused or convicted individual, the individual found guilty except for insanity, or the representative or assignee of such individuals, on or after September 20, 1985.

(3) Earnings, payments to and profits of an author and publisher under such a contract are not subject to payment to the Department for deposit into escrow unless the author or publisher is also the accused or convicted individual, the individual found guilty but for insanity, or that individual's representative or assignee.

Stat. Auth.: ORS 147
Stats. Implemented: ORS 147.275
Hist.: JD 4-1985, f. & ef. 11-22-85; DOJ 3-2017, f. 4-25-17, cert. ef. 4-27-17

 

137-080-0030

Contracts with Convicted Persons to Tell Story of Crime

(1) Contracts described in Section 3(1), Chapter 552, Oregon Laws 1985 include any such contract under which payment is due, on or after September 20, 1985, to an individual charged with or convicted of committing a compensable crime (as defined in ORS 147.005) in this state, or who is found guilty, except for insanity, with regard to such a crime, or who is the representative or assignee of any such individual. A copy of such contracts shall promptly be submitted to the Department by any person or entity contracting with an individual, representative or assignee described above.

(2) Monies payable to the Department pursuant to Section 3(1), Chapter 552, Oregon Laws 1985, for deposit into escrow include any monies which would otherwise, under the terms of a contract described in section (1) of this rule, be paid to the accused or convicted individual, the individual found guilty except for insanity, or the representative or assignee of such individuals, on or after September 20, 1985.

(3) Earnings, payments to and profits of the author and publisher under the contract are not subject to payment to the Department for deposit into escrow unless the author or publisher is also the accused or convicted individual, the individual found guilty but for insanity, or that individual's representative or assignee.

Stat. Auth.: ORS 147
Stats. Implemented: ORS 147.275
Hist.: JD 4-1985, f. & ef. 11-22-85

The official copy of an Oregon Administrative Rule is contained in the Administrative Order filed at the Archives Division, 800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the published version are satisfied in favor of the Administrative Order. The Oregon Administrative Rules and the Oregon Bulletin are copyrighted by the Oregon Secretary of State. Terms and Conditions of Use