1 Tex. Admin. Code § 61.901 - Request for Reconsideration of an Adverse Action
(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.
Notes
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