(a) If the request for a reconsideration is in accordance
with §61.901 of this subchapter (relating to Request for Reconsideration
of an Adverse Action, and the victim or claimant is dissatisfied with
the reconsideration decision, the victim or claimant may file a signed,
written request for hearing, pursuant to §61.901(d) of this subchapter.
(b) The OAG may not grant a request for a hearing if
a request is not filed by the victim or claimant within the 30-day
time period, unless the victim or claimant shows good cause for late
filing. The victim or claimant must provide to the OAG a signed, written
explanation showing good cause for failing to submit a written request
for hearing within the 30-day time period.
(c) If the OAG does not find that good cause exists
for late filing, the decision of the OAG becomes binding and the victim
or claimant waives the right to further appeal. If the OAG determines
that a hearing is necessary, then the victim or claimant will receive
notice of hearing not less than 10 days before the date of the hearing,
stating the time, date, and place of the hearing.
(d) The hearing shall be conducted in Texas in manner
consistent with Texas Code of Criminal Procedure Article 56.40.
(e) Any costs for the victim or claimant to travel
to the hearing are entirely the financial responsibility of the victim
or claimant and those costs will not be reimbursed by the OAG.
(f) Failure of the victim or claimant to appear for
the hearing, may result in the entry of a final decision based upon
the available record. A victim or claimant may have the hearing rescheduled
by making a request to reschedule at least two OAG business days prior
to the hearing. Multiple requests for reschedule may be denied by
the OAG. If a victim or claimant fails to make a timely request to
reschedule, the OAG may reschedule the hearing upon good cause shown
by the victim or claimant.
(g) The OAG will notify the victim or claimant in writing
of the final decision, including the reasons for the decision.
(h) Pursuant to Texas Code of Criminal Procedure Article
56.48 and §61.904 of this subchapter (relating to Judicial Review),
a victim or claimant may seek judicial review of all or any part of
the final decision.
(i) In any proceeding under this subchapter, the burden
of proof is upon the victim or claimant to prove by a preponderance
of the evidence that grounds for compensation exist.
(j) A victim or claimant who fails to exhaust all available
administrative remedies waives the right to seek judicial review.
(k) A final decision from the attorney general may
only be rendered by the OAG hearing officer after a prehearing conference,
a final ruling hearing, or based on the available record.
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