Or. Admin. Code § 137-068-0020

Current through Register Vol. 63, No. 11, November 1, 2024

Section 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 incident; or (iii) the decedent of the deceased victim of a bias crime or bias incident.

(2) The bias incident or bias crime occurred in Oregon in the last ninety (90) days.

(3) The application for the emergency monies was filed with the Program within ninety (90) days of the occurrence of the bias incident or bias crime, unless the Program finds good cause exists for the failure to apply within ninety (90) days. "Good cause" for failure to apply within ninety (90) days of the bias incident or bias crime exists if the Program finds that:

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

(b) The victim fails to apply due to the traumatic nature of the crime;

(c) The victim is physically unable to apply because of the severity of the trauma resulting from the crime; or

(d) Any other circumstance the Department determines satisfactory.

(e) Good cause does not exist if the victim's financial need arises more than ninety (90) days after the bias incident or bias crime occurs.

(4) The application for the emergency monies is not the result of collusion between the applicant and the perpetrator of the victim.

(5) The applicant certifies that they have a financial need for the assistance.

(6) The Department has received appropriations, limitations, allotments or other expenditure authority sufficient to allow the Department, in the exercise of its reasonable administrative discretion, to make an award under this section.

(7) An individual may not receive emergency monies more than one (1) time during a one-year period regardless of the number of reported bias crimes or bias incidents.

Or. Admin. Code § 137-068-0020

DOJ 7-2022, adopt filed 06/09/2022, effective 6/13/2022

Statutory/Other Authority: ORS 147.380 & ORS 147.005-147.463

Statutes/Other Implemented: ORS 147.380 & ORS 147.005-147.463