SECTION 61.304. Refunds from Victims or Claimants

(a) The OAG may request a refund of any amount awarded on an application by fraud, mistake or because of newly discovered evidence in accordance with Texas Code of Criminal Procedure Article 56.47(c).

(b) The OAG may pursue available administrative or civil penalties as provided under Texas Code of Criminal Procedure Articles 56.62, 56.63 and 56.64 in addition to seeking a refund.

(c) The OAG may:

(1) require the victim or claimant to repay the overpayment in full;

(2) allow the requested refund to be repaid in installments in consideration of the victim or claimant's financial circumstances; or

(3) reduce future payments from the OAG to the victim or claimant by the amount of the overpayment, if future payments are anticipated.

(d) The OAG may discontinue or suspend all current and future payments to a victim or claimant who has received a request for a refund until the OAG is satisfied that the refund requirements have been met or the victim or claimant enters into a refund payment arrangement as described in this section.

Source Note: The provisions of this §61.304 adopted to be effective October 30, 2014, 39 TexReg 8373; amended to be effective August 20, 2017, 42 TexReg 3961