SECTION 61.1. Scope and Construction of Rules  


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  • (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.

Source Note: The provisions of this §61.1 adopted to be effective December 15, 2002, 27 TexReg 11513; amended to be effective October 30, 2014, 39 TexReg 8373; amended to be effective August 20, 2017, 42 TexReg 3961