| (a) Pursuant to Texas Code of Criminal Procedure Article
56.47(a), a victim or claimant may request a reconsideration of all
or any part of the OAG's decision to make or deny an award on an application
or the amount of an award.
(b) Within 30 days of the date of the OAG's adverse
action, the victim or claimant must submit a signed, written request
for reconsideration stating the reasons for the request for reconsideration.
If the victim or claimant fails to file a written request for reconsideration
of the OAG's adverse action within the 30-day time period, the decision
of the OAG becomes binding and the victim or claimant waives the right
to further appeal.
(c) The OAG may not grant a reconsideration 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 reconsideration
of the OAG's adverse action within the 30-day time period. 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.
(d) The OAG will provide the victim or claimant a written
notification of its reconsideration decision. If the victim or claimant
is dissatisfied with the reconsideration of the OAG's award decision,
the victim or claimant must file a signed, written request for a hearing
with the OAG within 30 days of the date of the reconsideration decision.
If the victim or claimant fails to file a written request for a hearing
within the 30-day time period, the reconsideration decision becomes
binding and the victim or claimant waives the right to a hearing.
(e) The right to request a reconsideration of an OAG
adverse action is reserved for victims or claimants. Service providers
do not have the right to appeal or request a reconsideration of any
OAG adverse action.
(f) A victim or claimant who fails to exhaust all available
administrative remedies waives the right to seek judicial review.
|
| Source Note: The provisions of this §61.901 adopted to be effective December 15, 2002, 27 TexReg 11513; amended to be effective November 14, 2007, 32 TexReg 8121; amended to be effective October 30, 2014, 39 TexReg 8373; amended to be effective August 20, 2017, 42 TexReg 3961 |
