1 Tex. Admin. Code § 65.400 - Request for Reconsideration of Adverse Action
(a) A 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 on the amount of an award.
(b) Within 30 days from the date that the
OAG's office provides the claimant with the award written decision notice, the
claimant must submit a signed, written request for reconsideration stating the
reasons for the request for reconsideration. If the claimant fails to file a
written request for reconsideration to the OAG's adverse action within the
30-day time period, the decision of the OAG becomes binding, and the claimant
waives the right to further appeal.
(c) The OAG may not grant a reconsideration
if a request is not filed by the claimant within the 30-day time period, unless
the claimant shows good cause for late filing. The 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 claimant waives the
right to further appeal.
(d) The
OAG will provide the claimant a written notification of its reconsideration
decision. If the claimant is dissatisfied with the reconsideration of the OAG's
award decision, the 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
claimant fails to file a written request for a hearing within the 30-day time
period, the reconsideration decision becomes binding, and the claimant waives
the right to a hearing.
(e) A
claimant who fails to exhaust all available administrative remedies waives the
right to seek judicial review.
Notes
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