Okla. Admin. Code § 185:1-1-4

Current through Vol. 42, No. 7, December 16, 2024

Section 185:1-1-4 - Powers and duties of the Board and Administrator

The Board or administrator shall have the duty to award compensation for economic loss arising from criminally injurious conduct if satisfied by a preponderance of the evidence that the requirements for compensation have been met. The Administrator of the Crime Victim Compensation Board may determine initial victims' claims and any victim's claim under ten thousand dollars ($10,000.00). The Board may delegate any other victims' claim to the administration of the Crime Victims Compensation Board at their discretion. The claimant shall have the right to appeal to the Board for any claim in dispute. The Board shall have the power:

(1) To hear and determine all matters relating to claims for compensation of ten thousand dollars ($10,000.00) or more and may hear claims under ten thousand dollars ($10,000.00). The Board or administrator shall be able to reinvestigate or re-open claims without regard to statutes of limitation. However, claims that have been inactive for a period of more than three (3) years from the date of the last action by the Board or administrator shall be deemed closed and any further action forever barred. Claim files may be destroyed by the district attorneys council and or the local district attorney's office after a claim is closed. Claims which have been declined may be destroyed after nine (9) months, following the last Board or administrative action, provided the claimant has not notified the Board staff of any intentions to request reconsideration of the claim.

(2) To subpoena witnesses, compel their attendance, require the production of records and other evidence, administer oaths or affirmations, conduct hearings and receive relevant evidence.

(3) To regulate its own procedures except as otherwise provided in the Act.

(4) To adopt rules and regulations to implement the provisions of the Act.

(5) To define any term not defined in the Act.

(6) To prescribe forms necessary to carry out the purposes of the Act.

(7) To have access to any reports of investigations or other data necessary to assist the Board or administrator in making a determination of eligibility for compensation.

(8) To publicize the availability of compensation and information regarding the filing of claims.

(9) To order the claimant to supply any additional medical or psychological reports available relating to the injury or death for which compensation is claimed.

(10) To deny, withdraw or reduce an award of compensation upon finding that the claimant did not fully cooperate with the appropriate law enforcement agencies.

(11)To reconsider a decision granting or denying a compensation award, based on its own motion or on request of the claimant, providing such motion is not made after three years from the last action by the Board on a claim.

(12) To continue claims for compensation pending disposition of a criminal prosecution that has been commenced or is imminent, but the Board may make a tentative award.

(13) To join in civil action as a party plaintiff to recover the compensation awarded if the claimant brings such action.

(14) And the duty to prepare and transmit an annual report to the Governor, the Speaker of the House and the President Pro Tempore of the Senate.

(15) To determine whether costs of services rendered are reasonable.

(16) The Board and administrator shall also have such other powers and duties as provided by

Statute.

(17) To take judicial notice of general, technical, and scientific facts.

(18) In certain cases wherein mental health expenses are being claimed, the Board or Administrator may request assistance from a panel of professionals in the mental health field. The panel of professionals may only act in an advisory capacity to the Board.

(19) The Board or administrator shall have the authority to set limits of compensation on any medical or mental health treatment, and require that providers of medical or mental health treatments be licensed prior to compensating for said treatment.

Okla. Admin. Code § 185:1-1-4

Amended at 11 Ok Reg 1153, eff 2-28-94; Amended at 19 Ok Reg 2640, eff 7-25-02; Amended at 22 Ok Reg 1062, eff 5-26-05; Amended at 25 Ok Reg 1899, eff 6-26-08