reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 60 - TEXAS CRIME VICTIM SERVICES GRANT PROGRAMS › Subchapter E - ADMINISTERING GRANTS › Section 60.407 - Procurement, Property Management, and Contract Oversight Procedures

Current through Reg. 49, No. 28; July 12, 2024
A grantee shall use the procurement procedures, property
					 management procedures, and contract oversight guidelines set forth in UGMS and
					 Uniform Administrative Requirements, Cost Principles, and Audit Requirements
					 for Federal Awards as set forth in federal regulations. A grantee must comply
					 with UGMS and all applicable state and local laws and
					 regulations.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 60 - TEXAS CRIME VICTIM SERVICES GRANT PROGRAMS › Subchapter E - ADMINISTERING GRANTS › Section 60.408 - Maintenance of Records

Current through Reg. 49, No. 28; July 12, 2024
(a) The grantee
				  shall maintain adequate records to support its charges, procedures, and
				  performances to the OAG for all work related to the grant. The grantee also
				  shall maintain such records as are deemed necessary by the OAG and auditors of
				  the State of Texas, the United States, or such other persons or entities
				  designated by the OAG, to ensure proper accounting for all costs and
				  performances related to the grant.
(b) The grantee shall maintain and retain
				  records as required by Texas Government Code Chapter 441, Subchapter L, and the
				  grant contract.
(c) Records may be
				  retained in an electronic format.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 60 - TEXAS CRIME VICTIM SERVICES GRANT PROGRAMS › Subchapter E - ADMINISTERING GRANTS › Section 60.409 - Sanctions

Current through Reg. 49, No. 28; July 12, 2024
(a) Reimbursement
				  for grant-related expenses is contingent upon a grantee's strict compliance
				  with these rules, related requirements, and OAG procedures. Any failure to
				  comply may result in the imposition of temporary or permanent sanctions or
				  both.
(b) Sanctions may include:
(1) Placing a grantee on financial
				  hold;
(2) Requiring repayment of
				  grant funds;
(3) Transferring the
				  administration of a grant project to another entity;
(4) Termination of a grant;
(5) Ineligibility for future funding with the
				  OAG;
(6) Any other sanction or
				  corrective action that the OAG deems necessary.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 60 - TEXAS CRIME VICTIM SERVICES GRANT PROGRAMS › Subchapter F - PROGRAM MONITORING AND AUDITING › Section 60.500 - Violations of Laws

Current through Reg. 49, No. 28; July 12, 2024
A grantee must immediately provide notification to the OAG
					 and, if applicable, the local prosecutor's office, of any knowledge, suspicion,
					 or evidence of any violation of law that affects or is related to the grant.
					 Such violations include misappropriation of funds, fraud, theft, embezzlement,
					 forgery, or any serious irregularity or noncompliance with the requirements of
					 this chapter.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 60 - TEXAS CRIME VICTIM SERVICES GRANT PROGRAMS › Subchapter F - PROGRAM MONITORING AND AUDITING › Section 60.501 - Conflict of Interest

Current through Reg. 49, No. 28; July 12, 2024
(a) Grantee
				  personnel, members of a grantee board or governing body, or other persons
				  affiliated with the grant project shall not participate in any proceeding or
				  action where grant funds personally benefit, directly or indirectly, the
				  individuals or their relatives. For the purposes of this chapter, "relatives"
				  means persons related to the individual within the third degree by
				  consanguinity or within the second degree by affinity, as determined by Chapter
				  573 of the Government Code.
(b)
				  Grant personnel and officials must avoid any action that results in or creates
				  the appearance of:
(1) using their official
				  positions for private gain;
(2)
				  giving preferential treatment to any person;
(3) losing independent judgment or
				  impartiality;
(4) making an
				  official decision outside of official channels; or
(5) adversely affecting the confidence of the
				  public in the integrity of the program or the OAG.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 60 - TEXAS CRIME VICTIM SERVICES GRANT PROGRAMS › Subchapter F - PROGRAM MONITORING AND AUDITING › Section 60.502 - Compliance Assurance

Current through Reg. 49, No. 28; July 12, 2024
(a) Compliance
				  reviews include programmatic monitoring, financial monitoring, and financial
				  auditing.
(b) The OAG will conduct
				  compliance reviews throughout the existence of a grant. A grantee must make all
				  grant-related records available to OAG representatives unless the information
				  is sealed by law.
(c) Compliance
				  reviews may be on-site or desk reviews and may include any information that the
				  OAG deems relevant to the project.
(d) The OAG, or its designee, may make
				  unannounced visits at any time.
(e)
				  The OAG reserves the right to conduct its own audit or contract with another
				  entity to audit any grantee.
(f)
				  Based on the information gathered during monitoring or auditing, the OAG will
				  issue a compliance report.
(g) A
				  grantee must submit documentation to the OAG responding to any findings and
				  questioned costs contained in the report.
(h) The compliance determination of the OAG
				  is final and not subject to judicial review.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 60 - TEXAS CRIME VICTIM SERVICES GRANT PROGRAMS › Subchapter F - PROGRAM MONITORING AND AUDITING › Section 60.503 - Audit Standards

Current through Reg. 49, No. 28; July 12, 2024
(a) Grantee will
				  contract with an independent, licensed CPA firm to perform an annual financial
				  audit engagement. If applicable, grantee's independent, licensed CPA firm will
				  determine the type of annual financial audit, which may include a compliance
				  attestation in accordance with federal audit requirements and/or Texas Single
				  Audit Circular (Single Audit or non-Single Audit financial audit).
(b) A grantee must submit to the OAG one copy
				  of all audit reports, including audits as required in UGMS and all other audits
				  that a grantee undergoes, regardless of the purpose. The grantee must submit an
				  audit report to the OAG within 30 calendar days after receipt of the auditor
				  report, or nine months after the end of the audit period.
(c) OAG grant funds may only be used for the
				  fair and reasonable share of audit costs required by the OAG, in accordance
				  with applicable federal and state cost principles governing allowability and
				  allocation.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 61 - CRIME VICTIMS' COMPENSATION › Subchapter A - SCOPE AND CONSTRUCTION OF RULES AND GENERAL PROVISIONS › Section 61.1 - Scope and Construction of Rules

Current through Reg. 49, No. 28; July 12, 2024
(a) This chapter is intended to apply solely
				  to the administration of the Crime Victims' Compensation Act (CVCA), Texas Code
				  of Criminal Procedure Chapter 56, Articles 56.06, 56.065, and Subchapter B. The
				  Office of the Attorney General (OAG) adopts this chapter consistent with the
				  CVCA and the authority granted under Texas Code of Criminal Procedure Articles
				  56.33(a) and 56.42(c).
(b) To
				  assure a just determination for every application submitted to the OAG for
				  compensation by victims of crime, this chapter will be given its most
				  reasonable meaning taken in their total context, and will be construed to
				  secure a just resolution or decision for every controversy.
(c) If good cause is established to show that
				  compliance with this chapter may result in an injustice to any interested
				  person, the chapter may be suspended at the discretion of the OAG.
(d) All ranges of calendar dates shall be
				  inclusive of the listed dates. Unless otherwise provided by law, all
				  applications shall be governed by the statutes in effect on the date of the
				  criminally injurious conduct or the date of the forensic medical examination
				  for emergency medical care applications.
(e) All prior rules promulgated by the OAG in
				  the administration of the CVCA shall continue in effect for the administration
				  of applications arising out of criminally injurious conduct during the
				  effective period of such prior rules.
(f) This chapter shall be liberally construed
				  to promote fairness, due process and the interests of justice.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 61 - CRIME VICTIMS' COMPENSATION › Subchapter A - SCOPE AND CONSTRUCTION OF RULES AND GENERAL PROVISIONS › Section 61.2 - Insufficient Funds

Current through Reg. 49, No. 28; July 12, 2024
If the OAG adjusts the amount of awards and payments
					 pursuant to Texas Code of Criminal Procedure Article 56.58(a), available funds
					 will be awarded to emergency payments, loss of earnings, loss of support, and
					 relocation and housing rental expenses. Other allowable awards will be adjusted
					 and paid as directed by the OAG.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 61 - CRIME VICTIMS' COMPENSATION › Subchapter A - SCOPE AND CONSTRUCTION OF RULES AND GENERAL PROVISIONS › Section 61.3 - Closing Applications

Current through Reg. 49, No. 28; July 12, 2024
(a) An
				  application for compensation may be closed at the discretion of the OAG if any
				  of the following conditions occurs:
(1) The
				  victim has been awarded the statutory maximum amount of compensation allowed
				  under Texas Code of Criminal Procedure Article 56.42, in accordance with the
				  law in effect at the date of the criminally injurious conduct or the date of
				  the forensic medical examination for emergency medical care
				  applications;
(2) The 30-day time
				  period for appealing the decision of the OAG to award or deny an application or
				  award has passed without a request from the victim or claimant for
				  reconsideration;
(3) The 30-day
				  time period for appealing the reconsideration has passed without a request from
				  the victim or claimant for a hearing;
(4) The 40-day period has passed for filing a
				  written notice of dissatisfaction with the OAG's final decision;
(5) The 40-day period has passed to bring
				  suit in district court after filing a written notice of dissatisfaction with
				  the OAG's final decision;
(6) The
				  victim or claimant knowingly or intentionally submits false or forged
				  information to the OAG;
(7) The
				  victim or claimant submits an incomplete application or a service provider
				  submits an incomplete file on behalf of the victim or claimant;
(8) The victim or claimant fails to respond
				  within a 30-day period to a request made by the OAG for information;
(9) The OAG is unable, within 30 days of
				  receiving an application, to obtain information substantiating that a crime
				  occurred;
(10) The victim or
				  claimant fails to report a collateral source or any other source of income;
				  or
(11) The victim is approved for
				  compensation and subsequently dies without a claimant on the application.
				  Payment may only be made on crime related bills submitted to the OAG prior to
				  the victim's death which meet all payment requirements. Upon the victim's
				  death, the individual who is legally charged with administering the victim's
				  estate may request to become a claimant and the application may remain open or
				  be reopened for payment of crime related expenses;
(12) The victim or claimant fails to provide
				  requested medical reports pursuant to §
											RSA
				  61.502(a) of this chapter
				  (relating to Medical Reports and Records);
(13) The victim or claimant fails to submit
				  to an independent physical or mental examination requested pursuant to §
											RSA
				  61.502(d) of this chapter;
				  or
(14) The victim or claimant
				  delays medically recommended treatment or is non-compliant with medical
				  orders.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 61 - CRIME VICTIMS' COMPENSATION › Subchapter A - SCOPE AND CONSTRUCTION OF RULES AND GENERAL PROVISIONS › Section 61.4 - Confidentiality of Records

Current through Reg. 49, No. 28; July 12, 2024
(a) The OAG
				  shall keep confidential all applications, records and other information to the
				  extent authorized by law.
(b) The
				  application and all documentation submitted to or created by the OAG is a
				  governmental record.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 61 - CRIME VICTIMS' COMPENSATION › Subchapter C - APPLICATION › Section 61.201 - Application for Compensation

Current through Reg. 49, No. 28; July 12, 2024
(a) As
				  required by Texas Code of Criminal Procedure Article 56.36, all communications
				  and OAG approved applications for compensation shall be submitted to the Crime
				  Victims' Compensation Program, Office of the Attorney General, P.O. Box 12198,
				  Austin, Texas 78711-2198. An OAG approved application for compensation is
				  considered complete and will be processed when the application:
(1) is filled out in relevant part
				  ;
(2) is signed by a victim or a
				  claimant as defined by Texas Code of Criminal Procedure Article
				  56.32;
(3) except when the
				  application is an emergency medical care application, provides the case number
				  or other sufficient information concerning the relevant law enforcement or
				  public safety agency to enable the OAG to request a criminal report
				  substantiating that the victim or claimant reported the crime; and
(4) provides any other information requested
				  by the OAG to determine eligibility.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 61 - CRIME VICTIMS' COMPENSATION › Subchapter C - APPLICATION › Section 61.202 - Timely Filing an Application

Current through Reg. 49, No. 28; July 12, 2024
Except as provided by paragraph (7) of this section:
(1) An application for compensation based on
				  criminally injurious conduct that occurred between January 1, 1980, and August
				  31, 1983, must have been filed with the OAG not later than 180 days from the
				  date of the criminally injurious conduct.
(2) An application for compensation based on
				  criminally injurious conduct that occurred between September 1, 1983 and August
				  31, 1997, must have been filed with the OAG not later than one year from the
				  date of the criminally injurious conduct.
(3) An application for compensation based on
				  criminally injurious conduct that occurred on or after September 1, 1997 must
				  be filed with the OAG not later than three years from the date of the
				  criminally injurious conduct.
(4)
				  In accordance with Texas Code of Criminal Procedure Article 56.37(b), the OAG
				  may extend the time for filing an application upon good cause shown by the
				  claimant or victim. Good cause, as determined by the OAG, includes the
				  following circumstances:
(A) the victim or
				  claimant was not informed about the CVC program by a law enforcement agency,
				  public service agency or service provider and the victim or claimant has not
				  previously applied for or received compensation from the CVC Program;
(B) physical or psychological factors
				  prevented the victim or claimant from filing in a timely manner;
(C) communication barriers existed that
				  prevented the victim or claimant from filing in a timely manner; or
(D) any other circumstance that the OAG
				  considers significant.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 61 - CRIME VICTIMS' COMPENSATION › Subchapter C - APPLICATION › Section 61.203 - Timely Reporting to Law Enforcement

Current through Reg. 49, No. 28; July 12, 2024
(a) As required by Texas Code of Criminal
				  Procedure Article 56.46(a), a victim or claimant may not file an application
				  with the OAG unless he or she timely reports the crime to the appropriate state
				  or local public safety or law enforcement agency. This timely reporting
				  requirement does not apply to a victim who is a child, as defined by Texas Code
				  of Criminal Procedure Article 56.32(a)(1), or emergency medical care
				  applications.
(b) For criminally
				  injurious conduct that occurred prior to September 1, 1997, the report to a law
				  enforcement agency must have been made within 72 hours. After September 1,
				  1997, the report to a law enforcement agency must have been made within a
				  reasonable time so as not to interfere with or hamper the investigation and
				  prosecution of the crime.
(c) If
				  the OAG determines that extraordinary circumstances exist, then the reporting
				  period may be extended. Extraordinary circumstances, as deemed acceptable by
				  the OAG, may be shown by verification of the following:
(1) physical or psychological factors
				  prevented the victim or claimant from reporting in a timely manner;
(2) threats were made against the victim or
				  claimant in an attempt to prevent the reporting of the crime;
(3) communication barriers existed that
				  prevented the victim or claimant from timely reporting; or
(4) any other circumstance that the OAG
				  considers significant.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 61 - CRIME VICTIMS' COMPENSATION › Subchapter D - REDUCTION, DENIAL OR REFUND OF AN APPLICATION OR AWARD › Section 61.301 - Reducing an Application or Award

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  To reduce an application or award under Texas Code of Criminal Procedure
				  Article 56.45(a)(2) , the OAG may consider the victim's behavior if it was a
				  significant factor in the cause of the personal injury. If the OAG determines
				  that the victim shared a portion of the responsibility for the act or omission
				  that gave rise to the application, the OAG may reduce the award for
				  compensation by 25% or 50%. When an award for compensation is reduced, the
				  reduction applies to each bill, each individual award amount, and the aggregate
				  award amount.
(b) Emergency medical
				  care applications are not subject to Texas Code of Criminal Procedure Article
				  56.45(a)(2), and therefore this rule does not apply to emergency medical care
				  applications.
(c) When determining
				  whether a victim's behavior is a significant factor in the cause of the
				  personal injury, the OAG will consider the totality of facts and circumstances,
				  including but not limited to:
(1) the
				  victim's ability to have reasonably avoided the incident;
(2) the nature and extent of injuries
				  sustained by the victim;
(3) the
				  nature and extent of injuries sustained by the alleged offender or
				  offenders;
(4) exhibition or use of
				  a deadly weapon;
(5) the
				  relationship, if any, between the victim and offender or offenders, including a
				  history of criminally injurious conduct;
(6) the proportionate responsibility between
				  the parties;
(7) the opinions and
				  conclusion of law enforcement investigators assigned to the case;
(8) the legal opinions and conclusions of
				  prosecutorial agencies regarding the presentation of criminal charges and an
				  assessment of affirmative defenses;
(9) the results of the victim's actions could
				  have been reasonably foreseen by the victim at the time;
(10) there is a causal relationship between
				  the victim's or claimant's conduct; and
(11) the degree of harm that occurred as a
				  result of the criminally injurious conduct and the future harm that may occur
				  if compensation is not awarded.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 61 - CRIME VICTIMS' COMPENSATION › Subchapter D - REDUCTION, DENIAL OR REFUND OF AN APPLICATION OR AWARD › Section 61.302 - Denying an Application or Award

Current through Reg. 49, No. 28; July 12, 2024
(a) An
				  application for compensation shall be denied if:
(1) the criminally injurious conduct is not
				  reported to law enforcement as required by Texas Code of Criminal Procedure
				  Article 56.46;
(2) the application
				  does not satisfy the requirements of Texas Code of Criminal Procedure Articles
				  56.36 and 56.37;
(3) the victim or
				  claimant knowingly and willingly participated in the criminally injurious
				  conduct as prohibited by Texas Code of Criminal Procedure Article
				  56.41(b)(3);
(4) the victim or
				  claimant is determined by law enforcement to be the offender or an accomplice
				  as prohibited by Texas Code of Criminal Procedure Article
				  56.41(b)(4);
(5) an award of
				  compensation to the victim or claimant would benefit the offender or an
				  accomplice as prohibited by Texas Code of Criminal Procedure Article
				  56.41(b)(5);
(6) the victim or
				  claimant was incarcerated at the time the offense was committed as prohibited
				  by Texas Code of Criminal Procedure Article 56.41(b)(6);
(7) the victim or claimant, as prohibited by
				  Texas Code of Criminal Procedure Article 56.41(b)(7), knowingly or
				  intentionally:
(A) submits, or causes to be
				  submitted by a third party, a material statement or representation of fact that
				  the person knows or intends to be false or forged; or
(B) omits material information in an
				  application or supporting documentation that the person knows or should
				  reasonably know will result in reliance upon the omission.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 61 - CRIME VICTIMS' COMPENSATION › Subchapter D - REDUCTION, DENIAL OR REFUND OF AN APPLICATION OR AWARD › Section 61.303 - Other Grounds for Reducing or Denying an Application or Award

Current through Reg. 49, No. 28; July 12, 2024
An award of compensation also may be reduced or denied in
					 the manner prescribed in §§
										RSA 61.406,
					 RSA
					 61.410, and
					 RSA 61.413 of
					 this chapter (relating to Collateral Sources; Changes in Circumstances; and
					 Unjust Enrichment).
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 61 - CRIME VICTIMS' COMPENSATION › Subchapter D - REDUCTION, DENIAL OR REFUND OF AN APPLICATION OR AWARD › Section 61.304 - Refunds from Victims or Claimants

Current through Reg. 49, No. 28; July 12, 2024
(a) The OAG may request a refund of any
				  amount awarded on an application by fraud, mistake or because of newly
				  discovered evidence in accordance with Texas Code of Criminal Procedure
				  Article56.47(c).
(b) The OAG may
				  pursue available administrative or civil penalties as provided under Texas Code
				  of Criminal Procedure Articles 56.62, 56.63 and 56.64 in addition to seeking a
				  refund.
(c) The OAG may:
(1) require the victim or claimant to repay
				  the overpayment in full;
(2) allow
				  the requested refund to be repaid in installments in consideration of the
				  victim or claimant's financial circumstances; or
(3) reduce future payments from the OAG to
				  the victim or claimant by the amount of the overpayment, if future payments are
				  anticipated.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 61 - CRIME VICTIMS' COMPENSATION › Subchapter D - REDUCTION, DENIAL OR REFUND OF AN APPLICATION OR AWARD › Section 61.305 - Overpayments to Service Providers

Current through Reg. 49, No. 28; July 12, 2024
(a) If
				  a service provider is overpaid or paid in error by the OAG for any reason, the
				  service provider shall voluntarily repay the overpaid amount as soon as
				  practicable upon discovering the overpayment or upon notification of the
				  overpayment by the OAG.
(b) The
				  amount of the overpayment to the service provider per CVC application will not
				  reduce the maximum amount available to the victim or claimant for an approved
				  application.
(c) The OAG, at its
				  discretion, may discontinue or suspend all current and future payments to a
				  service provider who has received a request for return of an overpayment until
				  the OAG is satisfied that the overpayment requirements have been met or the
				  service provider enters into an overpayment return arrangement.
(d) The OAG may pursue available
				  administrative or civil penalties as provided under Texas Code of Criminal
				  Procedure Articles 56.62, 56.63, and 56.64.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 61 - CRIME VICTIMS' COMPENSATION › Subchapter E - PECUNIARY LOSS › Section 61.401 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
The OAG shall determine the eligibility, standards, and
					 reasonable limits on compensation for pecuniary losses under Texas Code of
					 Criminal Procedure Article 56.32(a)(9), in a manner consistent with the
					 provisions of this chapter and in accordance with any other controlling
					 provisions of law.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 61 - CRIME VICTIMS' COMPENSATION › Subchapter E - PECUNIARY LOSS › Section 61.402 - Loss of Earnings

Current through Reg. 49, No. 28; July 12, 2024
(a) Pursuant to
				  Texas Code of Criminal Procedure Article 56.32(a)(9)(B) and (I), the OAG shall
				  determine an award for actual loss of past earnings, the anticipated loss of
				  future earnings and bereavement leave. Loss of earnings may be paid to victims
				  who suffer a disability period as defined in §
										RSA
				  61.101(a)(2) of this chapter
				  (relating to Definitions), or to victims or claimants attending individual
				  appointments, executions, or funerals and memorials as outlined in subsections
				  (e), (i) and (j) of this section. The victim or claimant must submit
				  information to the OAG in the manner prescribed in §
										RSA 61.404 of
				  this subchapter (relating to Travel Expenses).
(b) The actual loss of past earnings will be
				  computed by determining the weekly net earnings of the victim on the date of
				  the criminally injurious conduct multiplied by the disability period. The OAG
				  may determine the initial disability period upon verification of work missed up
				  to fourteen calendar days after the criminally injurious conduct. Verification
				  may be from any source deemed appropriate by the OAG.
(c) If a victim's loss of past or anticipated
				  earnings is a result of a disability period lasting more than fourteen calendar
				  days directly caused by the criminally injurious conduct, the M.D. or D.O. who
				  regularly treats the victim must submit a written statement and any other
				  documentation requested by the OAG in order to verify loss of past or
				  anticipated earnings.
(d) If a
				  victim was unemployed at the time of the criminally injurious conduct and
				  claims a loss of anticipated earnings, the victim or claimant must provide the
				  OAG with a sufficient showing that the victim would have had earnings had the
				  victim not suffered injury or death as a direct result of the criminally
				  injurious conduct. "Sufficient showing" may include a written statement from
				  the employer that the victim was offered employment, but did not begin
				  employment, or any other information deemed appropriate by the OAG.
(e) Loss of earnings may be paid to a
				  claimant, consistent with the rest of this section, if the expense is
				  reasonably and necessarily incurred as a result of the victim's personal injury
				  or death for:
(1) the victim's disability
				  period resulting from the personal injury;
(2) the receipt of medically indicated
				  services related to the victim's disability period resulting from the personal
				  injury; or
(3) the participation in
				  or attendance at investigative, prosecutorial, or judicial processes related to
				  the criminally injurious conduct and participation in or attendance at any
				  post-conviction or post-adjudication proceeding relating to the criminally
				  injurious conduct.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 61 - CRIME VICTIMS' COMPENSATION › Subchapter E - PECUNIARY LOSS › Section 61.403 - Loss of Support Payments for Dependents

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Pursuant to Texas Code of Criminal Procedure Article 56.32(a)(9)(E), the OAG
				  may make payments for actual loss of support for the dependent(s) of a victim.
				  Under this provision, actual loss of support will be paid to the victim or to a
				  claimant on behalf of a dependent(s) if the victim is deceased.
(b) To determine the actual loss of support
				  for the dependent(s), the OAG may consider the victim's income and the
				  offender's income if the income source was available for the dependent(s) on
				  the date of the criminally injurious conduct and was lost as a result of that
				  criminally injurious conduct. The amount of any award for loss of support shall
				  be reduced by any payments from collateral sources and any loss of earnings
				  paid under §
										RSA 61.402 of
				  this subchapter (relating to Loss of Earnings). Loss of support payments may
				  not exceed the actual pecuniary loss or any other limits set by this
				  section.
(c) Consistent with Texas
				  Code of Criminal Procedure Article 56.41(b)(5), the OAG shall not make loss of
				  support payments for the dependent(s) of a victim if the offender or an
				  accomplice of the offender would benefit from such payment, consistent with
				  §
										RSA 61.413 of
				  this subchapter (relating to Unjust Enrichment).
(d) The OAG will review the supporting
				  documentation provided by the victim or claimant to determine eligibility and
				  amount of an award of loss of support payments. The OAG will determine if the
				  documentation is sufficient to support an award under this section. The victim
				  or claimant must provide all documentation deemed necessary by the OAG as proof
				  of the following:
(1) the dependent is the
				  victim's dependent, as defined in Texas Code of Criminal Procedure Article
				  56.32(a)(5);
(2) the amount of net
				  income or other verifiable support available for the dependent;
(3) if applicable, verification that the
				  victim is deceased or verification of the medical disability of the victim
				  consistent with §
											RSA
				  61.502 of this chapter (relating to Medical
				  Reports and Records); and
(4) any
				  other documentation deemed necessary by the OAG.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 61 - CRIME VICTIMS' COMPENSATION › Subchapter E - PECUNIARY LOSS › Section 61.404 - Travel Expenses

Current through Reg. 49, No. 28; July 12, 2024
(a) Pursuant to
				  Texas Code of Criminal Procedure Article 56.32(a)(9)(B), (D),and (J), the OAG
				  may reimburse a victim or claimant for actual, reasonable and necessary travel
				  expenses resulting from the criminally injurious conduct. Reasonable and
				  necessary travel expenses include transportation provided by a commercial
				  transportation company, or for mileage for the use of the victim's or
				  claimant's personally owned motor vehicle, including reimbursement to a
				  claimant transporting a victim who is physically or legally unable to operate a
				  motor vehicle. The OAG may reimburse transportation expenses only from the
				  victim's or claimant's residence, unless the applicant demonstrates that good
				  cause exists for another starting destination. The travel distance must exceed
				  20 miles one-way.
(b) Meals and
				  lodging expenses are considered reasonable and necessary travel expenses under
				  Texas Code of Criminal Procedure Article 56.32(a)(9)(B)(ii) and (iii), (D), and
				  (J). The OAG may reimburse a victim or claimant for meals and lodging if:
(1) the travel distance, one-way from the
				  victim's or claimant's residence, exceeds 60 miles; and
(2) lodging is provided by a commercial
				  lodging establishment including a hotel, motel, inn, apartment, or similar
				  entity that offers lodging to the public in exchange for
				  compensation.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 61 - CRIME VICTIMS' COMPENSATION › Subchapter E - PECUNIARY LOSS › Section 61.405 - Other Limits on Compensation

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  limits on amounts of awards may be different from the amounts listed in this
				  chapter based on the statute and rules in effect at the time of the criminally
				  injurious conduct.
(b) Under Texas
				  Code of Criminal Procedure Article 56.32(a)(9)(c), the actual cost of care for
				  a child victim, a dependent of a victim or a minor child of a victim may be
				  awarded if the criminally injurious conduct occurred on or after September 1,
				  1997, and the care is a new and ongoing expense resulting from the criminally
				  injurious conduct. Care of a child or dependent under this section is subject
				  to the following provisions:
(1) For
				  criminally injurious conduct that occurs between May 8, 2005 and July 14, 2016,
				  child care is limited to 13 continuous weeks if the victim is not deceased,
				  unless good cause exists;
(2) For
				  criminally injurious conduct that occurs on or after July 15, 2016, child care
				  is limited to 52 continuous weeks if the victim is not deceased, unless good
				  cause exists;
(3) Limited to
				  children 14 and under, unless good cause exists;
(4) Must be provided by a licensed,
				  registered, or certified care provider;
(5) May not be paid once a person no longer
				  qualifies as a child or dependent; and
(6) Limited to the following amounts for
				  criminally injurious conduct occurring:
(A)
				  Between September 1, 1997 and July 14, 2016, $100 per week for each child or
				  dependent; or
(B) On or after July
				  15, 2016, $300 per week for each child or dependent.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 61 - CRIME VICTIMS' COMPENSATION › Subchapter E - PECUNIARY LOSS › Section 61.407 - Additional Compensation for Extraordinary Pecuniary Losses

Current through Reg. 49, No. 28; July 12, 2024
(a) Compensation
				  for extraordinary pecuniary losses are available to victims of criminally
				  injurious conduct which occurred after September 1, 1995. Losses associated
				  with subsection (g)(6) , (7), and (8) of this section are only available for
				  victims of criminally injurious conduct which occurred after September 1,
				  2001.
(b) Pursuant to Texas Code of
				  Criminal Procedure Article 56.42(b), the OAG may only award an additional
				  amount to be used for actual extraordinary pecuniary losses if the personal
				  injury to a victim is catastrophic and results in a total and permanent
				  disability to the victim. Claims for extraordinary pecuniary losses are
				  governed by the statute and rules in effect on the date of the criminally
				  injurious conduct.
(c) Once the OAG
				  determines that a victim is eligible for additional compensation, the OAG may
				  approve payment of expenses from either the victim's initial compensation
				  amount or from the additional compensation amount, as determined appropriate by
				  the OAG. The additional compensation for extraordinary pecuniary losses is
				  available for the actual, reasonable and necessary costs incurred as a result
				  of the criminally injurious conduct occurring on or after September 1, 1995, as
				  follows:
(1) An award for additional
				  compensation for extraordinary pecuniary losses arising from criminally
				  injurious conduct that occurred between September 1, 1995 and August 31, 1997,
				  shall not exceed $25,000.
(2) An
				  award for additional compensation for extraordinary pecuniary losses arising
				  from criminally injurious conduct that occurred between September 1, 1997 and
				  August 31, 2001, shall not exceed $50,000.
(3) An award for additional compensation for
				  extraordinary pecuniary losses arising from criminally injurious conduct that
				  occurred on or after September 1, 2001, shall not exceed $75,000.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 61 - CRIME VICTIMS' COMPENSATION › Subchapter E - PECUNIARY LOSS › Section 61.408 - Lump Sum Payments Under Texas Code of Criminal Procedure Article 56.44

Current through Reg. 49, No. 28; July 12, 2024
(a) A victim or
				  claimant may receive a lump sum payment for pecuniary loss based on an amount
				  equal to the pecuniary loss accrued to the date of the award for installment
				  payments.
(b) A victim or claimant
				  may receive a lump sum payment for future loss of earnings or loss of support.
				  The victim or claimant must request a lump sum payment for future loss of
				  earnings or support in writing to the OAG and must submit documentation that a
				  lump sum payment will promote the best interest of the victim or claimant. If
				  the OAG determines that there is good cause to make a lump sum payment, the
				  lump sum payments based on future loss of earnings or future loss of support
				  may not exceed a total of $1,000. After a lump sum payment for future earnings
				  or support is paid, all other loss of earnings or loss of support expenses
				  incurred shall be paid in installments as the loss is incurred
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 61 - CRIME VICTIMS' COMPENSATION › Subchapter E - PECUNIARY LOSS › Section 61.409 - Emergency Awards

Current through Reg. 49, No. 28; July 12, 2024
(a) In accordance
				  with Texas Code of Criminal Procedure Article 56.50, the OAG may make an
				  emergency award, not to exceed $1,500, before acting on an application if it
				  appears likely that:
(1) a final award will
				  be made; and
(2) the victim or
				  claimant will suffer undue hardship if immediate economic relief is not
				  obtained.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 61 - CRIME VICTIMS' COMPENSATION › Subchapter E - PECUNIARY LOSS › Section 61.410 - Changes in Circumstances

Current through Reg. 49, No. 28; July 12, 2024
(a) If
				  a victim or claimant is receiving ongoing compensation from the OAG for a
				  pecuniary loss and the victim or claimant begins receiving compensation from a
				  collateral source, the victim or claimant must notify the OAG of the collateral
				  source in accordance with §
										RSA 61.406 of
				  this subchapter (relating to Collateral Sources). The OAG may adjust
				  compensation in accordance with the amount of the collateral source received,
				  pursuant to Texas Code of Criminal Procedure Article 56.45(3) and §
										RSA
				  61.304 of this chapter (relating to
				  Refunds).
(b) If a victim or
				  claimant is receiving ongoing compensation for loss of past or anticipated
				  future earnings or loss of support from the OAG, and the victim or claimant
				  becomes employed (either part-time or full-time), the victim or claimant must
				  notify the OAG of the change in his or her income status. The OAG may adjust
				  compensation in accordance with the amount of the earnings received, pursuant
				  to §
										RSA
				  61.304 of this chapter.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 61 - CRIME VICTIMS' COMPENSATION › Subchapter E - PECUNIARY LOSS › Section 61.411 - Evidence of Actual Pecuniary Loss

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Upon initial notification by the OAG that a victim or claimant is eligible for
				  compensation, the victim or claimant must submit bills, records or other
				  evidence of a pecuniary loss to the OAG within 30 days of the date of
				  notification of the decision to award.
(b) To continue to receive compensation, the
				  victim or claimant must submit bills, records or evidence of the continuing
				  actual pecuniary loss to the OAG within 180 days from the date the services
				  were provided or the cost was incurred.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 61 - CRIME VICTIMS' COMPENSATION › Subchapter E - PECUNIARY LOSS › Section 61.412 - Actual Pecuniary Loss

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  OAG shall award compensation under Texas Code of Criminal Procedure Article
				  56.34, if the OAG determines that the victim or claimant has incurred an actual
				  pecuniary loss as a result of criminally injurious conduct. This includes
				  actual, reasonable and necessary pecuniary losses incurred by the victim or
				  claimant.
(b) Payments or
				  reimbursements from sources not included under Texas Code of Criminal Procedure
				  Article 56.32(a)(3) will be considered when calculating a victim or claimant's
				  actual pecuniary loss. Any payments from other sources may reduce the amount of
				  an award to the victim or claimant to the extent that the payments have reduced
				  the amount of actual pecuniary loss.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 61 - CRIME VICTIMS' COMPENSATION › Subchapter E - PECUNIARY LOSS › Section 61.413 - Unjust Enrichment

Current through Reg. 49, No. 28; July 12, 2024
(a) As provided
				  by Texas Code of Criminal Procedure Article 56.41(c), the OAG may deny an award
				  to prevent the unjust enrichment of an offender or an accomplice of the
				  offender.
(b) When determining
				  whether an application or award for compensation may be denied based on unjust
				  enrichment, pursuant to Texas Code of Criminal Procedure Article 56.41(b)(5),
				  the following factors will be considered:
(1)
				  whether, and to what extent the offender or the accomplice of an offender has
				  access to any cash compensation payments paid to, or on behalf of, the victim
				  or claimant by the OAG;
(2) whether
				  the award is essential to the health or safety of the victim or claimant;
				  and
(3) whether the compensation
				  will directly benefit the offender or an accomplice of the offender in more
				  than a minimal or inconsequential manner.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 61 - CRIME VICTIMS' COMPENSATION › Subchapter E - PECUNIARY LOSS › Section 61.414 - Personal Injury Outside of Texas

Current through Reg. 49, No. 28; July 12, 2024
(a) If
				  a Texas resident suffers personal injury or death as a result of criminally
				  injurious conduct that occurs in another state or country that has a crime
				  victims' compensation program, the victim or claimant must first apply for
				  compensation from that state or country. The other state or country must make a
				  compensation eligibility determination prior to the OAG approving or denying an
				  application for compensation. If an application is approved by the other state
				  or country, the victim or claimant must exhaust that collateral source before
				  the OAG makes a compensation award determination.
(b) Texas Code of Criminal Procedure Article
				  56.32(a)(3)(B) defines a collateral source as a benefit available from a
				  federal agency. If a Texas resident applies for compensation for personal
				  injury or death as a result of international terrorism, the victim or claimant
				  must first apply with the federal International Terrorism Victim Expenses
				  Reimbursement Program (ITVERP). ITVERP must make a compensation eligibility
				  determination prior to the OAG reviewing an application for compensation. If a
				  compensation claim is approved by ITVERP, the victim or claimant must exhaust
				  that collateral source before the OAG makes a compensation award
				  determination.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 61 - CRIME VICTIMS' COMPENSATION › Subchapter E - PECUNIARY LOSS › Section 61.415 - Funeral and Burial Expenses

Current through Reg. 49, No. 28; July 12, 2024
(a) In
				  order to determine whether the funeral and burial expenses are reimbursable,
				  the OAG will review the supporting documentation provided by the claimant or
				  the service provider. Supporting documentation includes, but is not limited to,
				  the funeral purchase agreement, a burial services contract, all other related
				  bills, documentation of any collateral sources, all other sources of payment
				  made to the service provider, and any other documentation relevant to the OAG
				  determination.
(b) If the claimant
				  requests reimbursement for any portion of the funeral and burial bills, he or
				  she must submit proof of payments to include canceled checks, receipts, or
				  bills indicating payment was made.
(c) In addition to the funeral purchase
				  agreement, the following information may be required by the OAG in order to
				  process payments:
(1) the date of death and
				  the date of the funeral service;
(2) the funeral provider's tax identification
				  number;
(3) an itemization of
				  charges for funeral goods and services selected;
(4) itemized cash advance items, including an
				  acknowledgment of such by the claimant; and
(5) any additional supporting documentation
				  requested by the OAG.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 61 - CRIME VICTIMS' COMPENSATION › Subchapter E - PECUNIARY LOSS › Section 61.416 - Verification

Current through Reg. 49, No. 28; July 12, 2024
(a) The OAG may
				  verify and investigate an application or award. Verification and investigation
				  includes, but is not limited to:
(1) a
				  verification of any evidence submitted to the OAG;
(2) a review of records submitted by a
				  service provider; or
(3) a post
				  payment audit to verify actual charges, bills, payments, and the delivery of
				  goods or services.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 61 - CRIME VICTIMS' COMPENSATION › Subchapter F - MEDICAL CARE, PSYCHIATRIC CARE OR COUNSELING › Section 61.501 - Payment of Medical Bills

Current through Reg. 49, No. 28; July 12, 2024
(a) All
				  bills for emergency medical treatment, medical, psychiatric care or counseling,
				  and all bills of health care service providers must be itemized and submitted
				  on a form approved by the OAG. If a collateral source is available, the
				  explanation of benefits (EOB) showing the utilization of collateral sources
				  must be attached.
(b) Health care
				  service providers shall be reimbursed according to the Texas Department of
				  Insurance, Division of Workers' Compensation allowable medical fee guidelines,
				  where applicable.
(c) Services not
				  covered under the medical fee guidelines that the OAG deems reasonably and
				  necessarily incurred as a result of the criminally injurious conduct may be
				  compensated at a fair and reasonable amount.