1 Tex. Admin. Code § 61.903 - Hearing
(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.
Notes
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