Oregon Administrative Code

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 P…

137-078-0041 Allowable and Unallowable Expenses (1) All reasonable activities and expenses that support or enhance the direct provision of the Program content areas 1–11 outlined in 137-078-0030 are allowable as outlined below: (a) Salary and personnel expenses (benefits) for sta…

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…

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 fa…

137-078-0051 Advisory Committee (1) An Advisory Committee, which at the sole discretion of the Administrator may be incorporated within a larger CVSD advisory body, is established to provide consultation on the distribution of CFA monies and Grants, and the provisions of these ru…

137-079-0110 Authority and Purpose These rules set out guidelines for the operation of the Address Confidentiality Program (ACP) set forth in ORS 192.820 through 192.868. This includes the designation of Application Assistants; the application process to participate in the ACP; t…

137-079-0120 Definitions (1) “Application Assistant Agreement” is the agreement signed by the Department and an Application Assistant, which specifies the responsibilities of the Application Assistant and the Department. (2) “Administrative Coordinator” is the person designated b…

137-079-0130 Application Assistant Certification (1) Application Assistants shall be designated by the Department upon satisfaction of the requirements included in this section and in compliance with ORS 192.826 and 192.854. (2) Requirements for designation of an Application Assi…

137-079-0140 Application Process for the Address Confidentiality Program (1) The Program shall create an ACP Application form that includes the requirements set forth in ORS 192.826, as well as the address to which the application must be sent. The Program shall make copies of th…

137-079-0145 Application Process for the Address Confidentiality Program for Health Care Providers (1) The application process for ACP for health care providers includes all steps outlined in 137-079-0140 (Application Process for the Address Confidentiality Program) except for 13…

137-079-0150 Certification Process for Program Participation (1) When an application received by the Program is determined to be complete, the information it contains is in compliance with Program requirements, and the application is approved by the Attorney General or designee, …

137-079-0160 Ongoing Program Participation (1) The Program Participant must notify the Program of a legal name change within thirty (30) days of signing of an order authorizing a legal name change by a judge pursuant to ORS 192.832(1), and request continued participation in the P…

137-079-0170 Responsibility of Public Bodies to Use Substitute Address (1) Upon certification of a Program participant as described in 137-079-0150(1) and (2), the Program shall notify the Program participant in writing of the requirements for public bodies to use the substitute …

137-079-0180 Public Body Exemption Waiver (1) A request for a waiver from the requirements of the Program made by a public body may be for an individual Program participant, for a class of Program participants or for all Program participants. The request must be in writing and mu…

137-079-0190 Verification/Proof of Program Participation (1) A request for verification of a Program participant’s participation in the Program made by a representative of a public body for an official purpose may be made to the Program in writing. The person requesting verificat…

137-079-0200 Disclosure of Information Prohibited – Exceptions (1) When the Department receives a court order signed by a judge pursuant to a finding of good cause: good cause exists when disclosure is sought for a lawful purpose that outweighs the risk of the disclosure and, in …

137-079-0210 Service of Process; Certified and Registered Mail (1) Service of process by mail on a Program participant shall be forwarded in accordance with general Program procedures according to the manner in which it was received. (2) When personal service on a Program partici…

137-080-0005 Definitions As used in these rules: (1) “Administrator” means the administrator of the office of Special Compensation Programs of the Oregon State Department of Justice. (2) “Contract” means a contract by a person or legal entity with any individual charged with or c…

137-080-0010 Determining Contracts (1) Upon receipt of information concerning a contract, or a judgment or restitution order which may be subject to the provisions of Section 3, Chapter 552, Oregon Laws 1985 the administrator shall promptly investigate as necessary and determine …

137-080-0015 Notice of Establishment of an Escrow Account In the case where a victim of crime is deceased, the notice to be published by the Department for five years from the establishment of an escrow account, under Section 3, Chapter 552, Oregon Laws 1985, shall advise depende…

137-080-0020 Disbursement of Moneys in the Escrow Account (1) Moneys in the escrow account established under Section 3, Chapter 552, Oregon Laws 1985 will be disbursed by the Department to pay: (a) Restitution orders under ORS 137.103 to 137.109; and (b) Judgments as defined in s…

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 an award from the Department under ORS Chapter 147 or any victim or dependent of a deceased victim or their representative who may beca…

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 committi…

137-081-0010 Authority and Purpose (1) These rules are adopted for the administration of the Hope Card Program under ORS 180.270. (2) The Hope Card Program is an opt-in program through which petitioners or protected parties of eligible civil protection orders may request and obta…

137-081-0020 Definitions (1) “Hope Card” means a durable, wallet-sized card that contains essential information about an eligible civil protection order. (2) “Applicant” means a petitioner or protected party who has applied for a Hope Card, or a person or entity who has, with the…

137-081-0030 Eligibility and Application (1) An applicant may request one or more copies of a Hope Card by submitting a completed application to the Oregon Department of Justice, Crime Victim and Survivor Services Division (CVSSD) on a form prescribed by CVSSD in any of the follo…

137-081-0040 Contents of a Hope Card A Hope Card will contain the following information based on the contents of the verified eligible civil protection order: (1) The name of the petitioner and any additional protected parties of the eligible civil protection order; (2) The name …

137-082-0200 Purpose These rules outline the implementation of the Child Abuse Multidisciplinary Intervention (CAMI) Account, as well as sets forth eligibility criteria for county multidisciplinary child abuse teams, and public and private agencies applying for funding under ORS …

137-082-0210 Definitions (1) "Advisory Council on Child Abuse Assessment", referred to hereafter as "the Council", is a legislatively authorized council (ORS 418.784) of at least nine members appointed by the Attorney General or Attorney General’s designee to advise the Child Abu…

137-082-0220 Eligibility (1) To be eligible for funds an Applicant, through its multidisciplinary child abuse team, must submit a Plan as described in ORS 418.746(5). The Plan must be submitted with any application for CAMI Account funds and must describe how the county will prov…

137-082-0230 Notice and Time Limits on Application (1) The Department will send application materials to a designated representative of the county's MDT on a biennial basis. Applicants with a history of compliance with all eligibility and reporting requirements for a period of at…

137-082-0240 Transfer of Funds (1) Upon approval of the application, and following the grant award, the Department will enter into a Grant Agreement with the county or the public and private agencies, recommended pursuant to ORS 418.746(5) and (6) and approved by the Department, …

137-082-0250 Report (1) The County's Semi-annual Statistical and Quarterly Fiscal Reports. The chair of each county's MDT is responsible for the Team's submission of an annual progress report. The county must provide to its' MDT any information requested by the Team if such infor…

137-082-0260 Method of Review/Role of Advisory Council (1) Staff from the CVSD will review each county's application and each recommended public or private agency's application. A committee comprised of members of the Advisory Council on Child Abuse Assessment, and other members …

137-082-0270 Grievance Procedures (1) Applicants have a right to a review of decisions regarding their conditional eligibility or denial of eligibility for CAMI funds. (2) Each Applicant will be informed of the procedure for review, (“grievance procedure”) at the time a decision …

137-082-0280 Reallocation of Funds Not Applied for or Used (1) CAMI funds that were not allocated due to an Applicant’s failure to request its CAMI funds, or an Applicant’s failure to submit a complete application, or a satisfactory Plan or failure to enter into a Grant Agreement…

137-083-0000 Purpose These rules establish criteria for awarding grants to establish and maintain Regional Assessment Centers or Community Assessment Centers pursuant to ORS 418.786. These rules also define the services offered by Regional Assessment Centers and Community Assessm…

137-083-0010 Definitions As used in OAR chapter 137, division 083: (1) "Multidisciplinary Child Abuse Team (MDT)" means the interdisciplinary investigation team established in each county by ORS 418.747. (2) "Complex Case" means a case in which the local Child Abuse Intervention …

137-083-0020 Application Requirements (1) Eligible Applicants: (a) An applicant for the RSP grant must be a public or private non-profit agency that has demonstrated the ability to provide quality child abuse intervention services for a period of at least two years, as determined…

137-083-0030 Criteria for Awarding Grants (1) Criteria for awards include application quality, the documentation of services needed by those to be served, quality of past service provision, cost efficiencies, and geographic area to be served. In addition, the following criteria s…

137-083-0040 Performance of Duties (1) Regional Service Providers receiving CAMI funds directly from the Department of Justice, shall submit reports that provide both qualitative and quantitative information regarding the delivery of services provided by the RSP as required by th…

137-083-0050 Grievance Procedures (1) An applicant has a right to review the award decision concerning eligibility and denial for an award for CAMI funds for the RSP grant. The grievance process is referred to herein as the “review” or “grievance procedure”. (2) Each applicant wi…

137-084-0001 Definitions (1) "Department" means the Oregon Department of Justice. (2) "Fund" means the Sexual Assault Victims' Emergency Medical Response Fund. (3) "Application Form" means the most current version of the Application for Payment Sexual Assault Victims' Emergency M…

137-084-0005 Contributions to the Fund (1) The sexual assault victim assistance fund may receive state general fund appropriations, gifts, grants, federal funds, or other public or private funds or donations. (2) Any contribution to the Fund should be given to the Department acco…

137-084-0010 Claims Processing (1) A victim of a sexual assault who wants the Fund to pay for a medical examination, collection of forensic evidence using the Oregon State Police SAFE Kit, or other services provided in conjunction with the sexual assault exam, must indicate to th…

137-084-0020 Maximum Amounts Paid for Medical Services (1) For dates of service beginning July 1, 2019, the Fund will pay eligible medical services providers the costs incurred for providing sexual assault medical services to victims of sexual assault up to the following maximum …

137-084-0030 Payment Restrictions and Disqualifications (1) The Fund will not pay for any service not specifically described in ORS 147.397 or OAR 137-084-0001 through 137-084-0030. Examples of services not covered by the Fund include, but are not limited to: DNA testing; prescri…

137-084-0500 Sexual Assault Examiner (SAE) and Nurse Examiner (SANE) Certification Commission (1) The Attorney General establishes a Sexual Assault Examiner (SAE) and Nurse Examiner (SANE) Certification Commission. The Commission is established to help ensure that registered nurs…

137-085-0060 Purpose These rules set out the guidelines for minimum training required of persons providing services to victims of domestic violence, sexual assault and stalking in order to be certified advocates for purposes of the evidentiary privilege and confidentiality requir…

137-085-0070 Definitions (1) “Certified advocate” means a person who: (a) Has completed at least 40 hours of training in advocacy for victims of domestic violence, sexual assault, or stalking that meets the minimum training requirements set out in OAR 137-085-0080; and (b) Is an …