SECTION 61.3. Closing Applications

(a) An application for compensation may be closed at the discretion of the OAG if any of the following conditions occurs:

(1) The victim has been awarded the statutory maximum amount of compensation allowed under Texas Code of Criminal Procedure Article 56.42, in accordance with the law in effect at the date of the criminally injurious conduct or the date of the forensic medical examination for emergency medical care applications;

(2) The 30-day time period for appealing the decision of the OAG to award or deny an application or award has passed without a request from the victim or claimant for reconsideration;

(3) The 30-day time period for appealing the reconsideration has passed without a request from the victim or claimant for a hearing;

(4) The 40-day period has passed for filing a written notice of dissatisfaction with the OAG's final decision;

(5) The 40-day period has passed to bring suit in district court after filing a written notice of dissatisfaction with the OAG's final decision;

(6) The victim or claimant knowingly or intentionally submits false or forged information to the OAG;

(7) The victim or claimant submits an incomplete application or a service provider submits an incomplete file on behalf of the victim or claimant;

(8) The victim or claimant fails to respond within a 30-day period to a request made by the OAG for information;

(9) The OAG is unable, within 30 days of receiving an application, to obtain information substantiating that a crime occurred;

(10) The victim or claimant fails to report a collateral source or any other source of income; or

(11) The victim is approved for compensation and subsequently dies without a claimant on the application. Payment may only be made on crime related bills submitted to the OAG prior to the victim's death which meet all payment requirements. Upon the victim's death, the individual who is legally charged with administering the victim's estate may request to become a claimant and the application may remain open or be reopened for payment of crime related expenses;

(12) The victim or claimant fails to provide requested medical reports pursuant to §61.502(a) of this chapter (relating to Medical Reports and Records);

(13) The victim or claimant fails to submit to an independent physical or mental examination requested pursuant to §61.502(d) of this chapter; or

(14) The victim or claimant delays medically recommended treatment or is non-compliant with medical orders.

(b) A closed application may be reopened upon the receipt of requested information, the OAG's own motion, or upon written request showing good cause by the victim or claimant.

Source Note: The provisions of this §61.3 adopted to be effective December 15, 2002, 27 TexReg 11513; amended to be effective November 8, 2007, 32 TexReg 7893; amended to be effective October 30, 2014, 39 TexReg 8373; amended to be effective August 20, 2017, 42 TexReg 3961; amended to be effective September 18, 2022, 47 TexReg 5473