Oregon Administrative Code

137-055-6220 Recovery of Overpayments and Collection of Receivable Accounts (1) In addition to the definitions in OAR 137-055-6010, for the purpose of collecting overpayments pursuant to ORS 25.125, the following definitions apply: (a) “Advanced payment” means arrears owed to a p…

137-055-6240 Dishonored Payments on Support Accounts (1) When the Department of Justice (Department) receives payments from an obligor, withholder, or another issuer on behalf of the obligor, and two payments from the same source have been dishonored, the Department will hold fut…

137-055-6260 Return of Payments to Obligor or Other Jurisdiction (1) When the Department of Justice receives a support payment directed to an account for which no current order exists for ongoing support, the Department will apply the payment to any arrears the obligor may owe on…

137-055-6280 Refund of Improper Tax Refund Collection (1) Whenever a federal or Oregon tax refund owed to a support obligor has been withheld to pay support arrears and that withholding was made in error or overcollects the amount owed, the Division of Child Support (DCS) shall r…

137-055-7040 Central Registry (1) The central registry required by 45 CFR 303.7 is established within the Department of Justice, Division of Child Support. It is responsible for receiving, distributing and responding to inquiries on all incoming intergovernmental requests. (2) Wi…

137-055-7060 Initiating Jurisdiction Responsibilities – General Provisions (1) The administrator will use a one-state process, when appropriate, to establish, enforce, or modify a support order, or to determine parentage. (2) The administrator will determine: (a) Whether one orde…

137-055-7100 Interstate Income Withholding The administrator may send direct income withholding to an employer located in another state, and must ensure that the obligor is given the notice required by ORS 25.399. If the obligor files a written contest to the income withholding o…

137-055-7120 Responding Jurisdiction Responsibilities – General Provisions (1) Within 75 calendar days of receipt of an Intergovernmental Child Support Enforcement Transmittal Form, a UIFSA Action Request Form or other form and documentation from the Oregon central registry, the …

137-055-7140 Oregon as Responding Jurisdiction – Establishing Parentage; Establishing, Enforcing, and Modifying Support (1) The registering tribunal under ORS chapter 110, the Uniform Interstate Family Support Act, is the circuit court of Oregon. This designation does not preclud…

137-055-7180 Determining Controlling Order (1) The administrator will determine a single controlling order when: (a) Services are being provided under ORS 25.080 and two or more child support orders have been issued regarding the same obligor, child and obligee; or (b) A party or…

137-055-7190 Review and Modification In Intergovernmental Cases (1) Within 15 days of a party’s request for a periodic review or a request for a modification based upon a change of circumstances, the administrator will determine in which jurisdiction the review will be sought. Th…

137-065-0200 Services for Victims of Bias Crimes and Incidents A Bias incident means a hostile expression of animus toward another person, their family, property, and/or pet, relating to the other person’s actual or perceived race, color, national origin, sexual orientation, gend…

137-068-0010 Definitions As used in this rule: (1) “Applicant” means the victim, or the victim’s legal guardian, or in the case of a homicide, one (1) member of the immediate family of the decedent, who applies for emergency monies pursuant to this rule. (2) “Bias crime” means th…

137-068-0020 Eligibility An applicant is eligible for financial assistance under this rule if the Program finds, in its sole discretion, that: (1) The applicant is either (i) a victim of a bias crime or bias incident; (ii) the legal guardian of a victim of a bias crime or bias in…

137-068-0030 Application Process Upon referral to the application for emergency monies by the Bias Response Hotline, an applicant or the victim may submit an application through the Program’s application portal for emergency monies for eligible costs. (1) Application information:…

137-068-0040 Financial Information (1) Financial Assistance Amount and Limitations: An applicant may receive no more than $1000.00 in aggregate financial assistance in a 365-day period, unless the Program finds good cause to exceed that amount. (a) When multiple family members ar…

137-068-0050 Dual Reports, Confidentiality and Department Review (1) Dual reports: In the event of competing allegations of bias between two persons, both alleging the other has perpetrated bias against them, the application for emergency funds will be reviewed by three (3) membe…

137-074-0010 Purpose These rules set out guidelines for the operation of a one-time grant program established by Section 4(4) of SB 1579 (2024) to expand access to services and supports provided by children’s advocacy centers and regional children’s advocacy centers. Statutory/Ot…

137-074-0020 Definitions (1) “Children’s advocacy center” means a facility that meets the facility standards consistent with national accreditation standards established by National Children’s Alliance to which a child from the community may be referred to receive a thorough chil…

137-074-0030 Grant Application Process (1) Eligibility criteria: (a) Children’s Advocacy Centers must apply directly for the grant. Applicants must certify that on or before June 30, 2025, the applicant will be accredited by the National Children’s Alliance or will have an applic…

137-074-0040 Process for Determining Award Amounts (1) The Department may consider the following when determining the amounts of grants awarded: (a) The applicant’s capability to expand access to or maintain a children’s advocacy center in an underserved community; (b) The applic…

137-074-0050 Reallocation of Funds Not Applied For or Used (1) One-time grant funds that were not allocated due to an Applicant’s failure to request its allocated funds, or an Applicant’s failure to submit a complete application, or failure to enter into a Grant Agreement, may be…

137-076-0000 Authority for Rules These rules are adopted under the Department of Justice's authority contained in ORS 147.205(1). Statutory/Other Authority: ORS 147.205(1) 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-…

137-076-0005 Scope of Rules These rules implement ORS 147.005 through 147.367 related to the compensation of crime victims. Statutory/Other Authority: ORS 147.205(3) 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…

137-076-0010 Definitions As used in ORS 147.005 through 147.367 and OAR Chapter 137 Division 76, unless the context requires otherwise: (1) "Compensation" means payment to a provider or reimbursement to a victim for compensable expenses and/or losses that have been incurred by a …

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 consider…

137-076-0016 Eligibility Criteria (1) Unless otherwise required by statute, for the purposes 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, t…

137-076-0019 Fee Schedules The Department shall calculate payment of eligible crime-related medical and counseling 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 an…

137-076-0020 Definition of Reasonable Expenses (1) As used in this rule, “necessary services” are those required for the treatment of physical or emotional injury suffered by the victim as a direct result of a compensable crime. (2) For purposes of ORS 147.035, reasonable hospita…

137-076-0025 Lost Earnings and Loss of Support Compensation (1) A victim is eligible for loss of earnings under ORS 147.035(2)(b) 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…

137-076-0030 Good Cause for Extending Application Deadline (1) An application for compensation shall be considered filed when received by the Department. (2) “Good cause” for failure to file an application for compensation within one year of the date of the crime as required by O…

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 3…

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 app…

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…

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, …

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 Depart…

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 emergen…

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…

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 shal…

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 Departm…

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 Depar…

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, …

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 a…

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 Histo…

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 …

137-078-0015 Distribution of Funds (1) The Administrator, or designee during periods of absence or unavailability, is authorized to interpret and apply the criteria for the equitable distribution of moneys disbursed under the Act and these rules. The Administrator, after consulta…

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 P…

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-…

137-078-0030 Program Content: Core Services The Program shall provide core services to victims of all types of crime, with particular emphasis on serious crimes against persons. The core services shall be coordinated with available community and government based programs that ser…

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, a…