1. (1) For the purposes of ORS 147.145, adult applicants shall have 90 calendar days from the date of the initial determination order to request review of the order by the Department. The request for review must be made in writing to the Department. If the request for review is made more than 90 calendar days after the date of the initial determination order, the Department may consider whether there is good cause to grant an extension of the deadline. No good cause extensions will be considered after three years have passed from the date of the initial determination order. The following events may constitute good cause for failure to submit a request for review within 90 calendar days:

   1. (a) Law enforcement identified new, relevant evidence regarding the compensable crime;
   2. (b) Physical or emotional trauma sustained by the victim that was a barrier to submit the request for reconsideration within the 90-day period; or
   3. (c) The applicant notified the Department of any changes in the applicant’s mailing address, but did not receive the Department’s initial determination order, and the applicant provides documentation that the Department did not properly mail the initial determination order.
2. (2) The 90-day deadline for submitting a request for review does not apply to applicants under the age of 18. In order to be considered, a request for review from an applicant under the age of 18 must be received by the Department within three years of the initial determination order or before the applicant’s 21st birthday, whichever occurs later.

Statutory/Other Authority

ORS 147.205(1)

Statutes/Other Implemented

ORS 147.145 & ORS 147.035

History

DOJ 7-2024, amend filed 04/29/2024, effective 04/29/2024
DOJ 3-2017, f. 4-25-17, cert. ef. 4-27-17
DOJ 4-2001, f. & cert. ef. 6-1-01