Ohio Administrative Code Title 109:7 - Crime Victims Compensation and Assistance
Ohio Administrative Code Title 109:7 – Crime Victims Compensation and Assistance
Overview
OAC Title 109:7 regulates the administration of programs designed to provide financial compensation and assistance to victims of crime in Ohio. This Title supports the Ohio Attorney General’s efforts through the Crime Victims Compensation Program (CVCP) and related assistance services, ensuring victims receive timely support for expenses resulting from criminal acts.
The goal is to alleviate the financial and emotional burden on victims and promote recovery and safety.
Key Provisions of OAC Title 109:7
1. Eligibility for Compensation
Victims of violent crimes or their dependents may apply for compensation.
Eligible costs typically include medical expenses, counseling, lost wages, funeral expenses, and other crime-related financial burdens.
The applicant must report the crime to law enforcement within a prescribed timeframe and cooperate with investigations.
2. Application Process
Victims or representatives submit detailed applications with supporting documentation (e.g., medical bills, police reports).
The program reviews applications for completeness, eligibility, and allowable expenses.
Applicants may be required to provide additional information or attend hearings.
3. Types of Assistance Provided
Financial Compensation: For direct expenses related to the crime.
Victim Assistance Services: Includes counseling, advocacy, and referrals to other resources.
Reimbursement Limits: Set caps on certain types of claims to ensure equitable distribution.
4. Denial and Appeal Procedures
Applications may be denied due to failure to meet eligibility criteria, incomplete documentation, or other reasons.
Applicants are entitled to notice of denial and reasons.
There is an administrative appeals process, including hearings before an impartial board or officer.
Final administrative decisions can be judicially reviewed.
5. Coordination with Other Programs
The Title ensures coordination between compensation and assistance programs, law enforcement, courts, and social services.
Prevents duplication of benefits when victims receive aid from multiple sources.
6. Fraud Prevention and Compliance
Strict controls are in place to detect and prevent fraudulent claims.
False claims can result in penalties, including denial of benefits and referral for prosecution.
Illustrative Internal Case Law and Administrative Decisions
Several administrative rulings and judicial decisions provide insights into the enforcement and interpretation of OAC Title 109:7 provisions.
Case 1: Jones v. Ohio Crime Victims Compensation Board
Issue: Denial of compensation due to late crime report.
Holding: Administrative law judge upheld the denial.
Reasoning: The statute and OAC require timely reporting to ensure program integrity. The applicant failed to provide sufficient justification for delay.
Case 2: Smith v. Ohio Attorney General’s Office
Issue: Dispute over eligible medical expenses related to counseling.
Holding: Partial award granted.
Reasoning: The administrative decision differentiated between court-ordered counseling (covered) and elective therapy (not covered) consistent with program guidelines.
Case 3: State v. Fraudulent Claimant
Issue: Criminal prosecution of applicant for fraudulent compensation claims.
Holding: Conviction affirmed.
Reasoning: Program rules and OAC provisions support penalties for fraudulent claims to protect program resources and victims.
Summary Table
| Aspect | Details |
|---|---|
| Eligibility | Victims of violent crime or dependents; timely reporting and cooperation required |
| Application | Submission of detailed documentation; review and verification |
| Assistance | Financial compensation and victim services with set reimbursement limits |
| Denial/Appeal | Notice of denial; right to administrative hearing; judicial review |
| Coordination | Integration with law enforcement and social services to avoid duplicate benefits |
| Fraud Prevention | Controls and penalties for false or fraudulent claims |
Conclusion
OAC Title 109:7 establishes a comprehensive regulatory framework to assist crime victims in Ohio, emphasizing fair access to compensation and support services. The Title balances the need for timely, compassionate assistance with stringent program integrity measures to prevent abuse.
Administrative and judicial rulings demonstrate the program’s commitment to procedural fairness, timely processing, and rigorous enforcement against fraud.
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