SECTION 185:10-1-8. Application review procedure  


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  • (a)   A victim, dependent of a victim, or person legally acting on behalf of the victim, must first secure a copy of the Official Victims Compensation Claim Form. In the event assistance is needed by the claimant in completing the form, such assistance will be provided by the victim-witness coordinator, 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 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 up to, but not exceeding, two (2) years, beginning with incidents occurring on or after November 1, 1989. In child sexual assault cases, the Board may at its discretion, extend the filing deadline beyond two (2) years.
    (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, victim-witness coordinators, and 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 (staff review and summary completed), the claim will be placed on the next appropriate Board or administrative docket for consideration. A claim must be reviewed at least fifteen (15) calendar days prior to a 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.
    (g)   Agendas and supporting material shall be mailed 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 mailed 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.
    (i)   Once a decision is made by the Board, the claimant shall be mailed notification of the decision within twenty (20) days.
[Source: 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]