Or. Admin. R. 137-076-0010

Current through Register Vol. 63, No. 6, June 1, 2024

Section 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) "Counseling" as used in ORS 147.005(6) means the assessment, diagnosis or treatment of a mental, emotional, or behavioral disorder or trauma directly related to a compensable crime by a licensed health provider.

(2) "Direct or collateral review" as used in ORS 147.035(7) means proceedings in the Oregon Court of Appeals or the Oregon Supreme Court to review a judgment of conviction, appeals by the State under ORS 138.045, judicial review of a petition for post-conviction relief filed by a petitioner under ORS 138.540, or federal habeas corpus proceedings under 28 U.S.C. 2254.

(3) "Disability" means the temporary or permanent inability to perform one's essential job duties. The disability must be established by medical evidence supported by the objective findings of a medical practitioner or licensed mental health therapist.

(4) "Family" as used in ORS 147.035(4)(a) means any of the following, determined at the time of the compensable crime:

(a) Any person related to the victim by blood, marriage or adoption;

(b) The partner, domestic partner, or fianc© of the victim, or of a parent of the victim; or

(c) Any person who had the same primary residence as the victim at the time of the compensable crime.

(5) "Involved in the hearing," "involved in the oral argument," and "involved in the proceeding" as used in ORS 147.005(12), 147.025 and 147.035 mean that the victim, survivor, dependent or personal representative attended the hearing or oral argument or participated in the hearing by providing testimony or a written statement.

(6) "Health provider" means a person who is licensed to practice healthcare in the state in which they practice and perform services and such care is within the scope of their license and who is authorized to prescribe or administer controlled substances.

(7) "Personal representative" as used in ORS 147.025(3)(a) means a person selected by the victim, survivor or dependent to attend a hearing, an oral argument, or proceeding on behalf of the victim, survivor, or dependent.

Or. Admin. R. 137-076-0010

JD 4-1983, f. & ef. 9-1-83; JD 1-1987(Temp), f. & ef. 1-8-87; Reverted to JD 4-1983, f. & ef. 9-1-83; JD 2-1992, f. & cert. ef. 3-2-92; JD18-1992, f. 10-30-92, cert. ef. 11-2-92; DOJ 4-2001, f. & cert. ef. 6-1-01; DOJ 14-2004, f. & cert. ef. 11-22-04; DOJ 3-2017, f. 4-25-17, cert. ef. 4/27/2017; DOJ 6-2021, amend filed 03/09/2021, effective 3/15/2021; DOJ 7-2024, amend filed 04/29/2024, effective 4/29/2024

Statutory/Other Authority: ORS 147.205(1)

Statutes/Other Implemented: ORS 147.005, 147.015(1), 147.025(3)(a) & 147.125(1)(c)