Okla. Admin. Code § 185:10-1-8

Current through Vol. 42, No. 3, October 15, 2024

Section 185:10-1-8 - Application review procedure

(a) A victim, dependent of a victim, or person legally acting on behalf of the victim, must complete the Official Victims Compensation Application. In the event assistance is needed by the claimant in completing the information, such assistance will be provided by the District Attorneys Office in the district where the crime occurred, or by the staff located at the District Attorneys Council in Oklahoma City.

(b) A claim form must be completed, signed and received at the District Attorneys Council within one (1) year of the incident date, date of disclosure in child sexual assault cases, or death of the victim. If the Board or administrator finds good cause for failure to file the claim within one (1) year, the filing period may be extended.

(c) The victims compensation staff shall log the claim form as being received and forward it to the victim-witness coordinator in the district where the crime occurred. Upon completion, the claim shall be returned to the Oklahoma City office for processing.

(d) The Board, District Attorney's Office Victim - Witness Staff, and the Victims Compensation Board staff, herein referred to as "staff" have the authority to conduct investigations and or request any additional information from the victim and/or claimant, the investigating law enforcement agency, medical personnel and/or facilities, witnesses, employers and others as may be deemed necessary for the proper review and verification of the claim.

(e) The staff shall make a thorough analysis of the claim once it is completed and received from the victim-witness coordinator.

(f) Once the claim has been reviewed by staff, the claim will be placed on the next appropriate Board or administrative docket for consideration. A claim must be reviewed by staff at least fifteen (15) calendar days prior to a regularly scheduled Board meeting for consideration at that meeting. Those claims not reviewed fifteen (15) calendar days prior to a regular meeting shall be considered at the next scheduled Board meeting. New claims will be reviewed by the staff in the order in which the completed claims are received in the Oklahoma City office. Claims reviewed by the Administrator, pursuant to 21 O.S. 142.5 are not required to be placed on a separate internal docket for review and are not subject to the fifteen (15) calendar rule.

(g) Agendas and supporting material shall be sent to the Board no less than ten (10) calendar days in advance of the Board meeting.

(h) Notification of Board meetings shall be filed with the Secretary of State in accordance with the Open Meeting Law. Copies of the meeting agendas giving date, location and time of meetings shall be posted in conspicuous places on the premises of the building wherein the Board meetings will be held and/or at offices of the Crime Victims Compensation Board. Claimants whose compensation claims are to be considered by the Board will be sent notification of the meeting no less than fourteen (14) calendar days in advance and will have the opportunity to appear and be heard, and to offer evidence and argument on any issue relevant to the claim. Claims reviewed by the administrator, pursuant to 21 O.S. 142.5, are not required to be placed on a separate internal docket for review and are not subject to the fourteen (14) calendar day rule. There is no opportunity to appear to be heard on any issue relevant to acclaim decided administratively, unless the claimant wishes to file an appeal. All appeals are heard by the Board, pursuant to 185:10-1-10.

(i) Once a decision (i) Once a decision is made by the Board, the claimant shall be sent notification of the decision within twenty (20) days.

Okla. Admin. Code § 185:10-1-8

Amended at 11 Ok Reg 1157, eff 2-28-94; Amended at 19 Ok Reg 2646, eff 7-25-02; Amended at 22 Ok Reg 1064, eff 5-26-05; Amended at 25 Ok Reg 1900, eff 6-26-08

Amended by Oklahoma Register, Volume 38, Issue 24, September 1, 2021, eff. 9/11/2021

Amended by Oklahoma Register, Volume 39, Issue 24, September 1, 2022, eff. 9/11/2022