Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 61 - CRIME VICTIMS' COMPENSATION › Subchapter J - ADMINISTRATIVE REMEDIES › Section 61.903 - Hearing

Current through Reg. 49, No. 28; July 12, 2024
(a) If the request
				  for a reconsideration is in accordance with §
										RSA
				  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 §
										RSA
				  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 §
										RSA 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.