SECTION 61.901. Request for Reconsideration of an Adverse Action

(a) Pursuant to Texas Code of Criminal Procedure Article 56.47(a), a victim or 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 the amount of an award.

(b) Within 30 days of the date of the OAG's adverse action, the victim or claimant must submit a signed, written request for reconsideration stating the reasons for the request for reconsideration. If the victim or claimant fails to file a written request for reconsideration of the OAG's adverse action within the 30-day time period, the decision of the OAG becomes binding and the victim or claimant waives the right to further appeal.

(c) The OAG may not grant a reconsideration 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 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 victim or claimant waives the right to further appeal.

(d) The OAG will provide the victim or claimant a written notification of its reconsideration decision. If the victim or claimant is dissatisfied with the reconsideration of the OAG's award decision, the victim or 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 victim or claimant fails to file a written request for a hearing within the 30-day time period, the reconsideration decision becomes binding and the victim or claimant waives the right to a hearing.

(e) The right to request a reconsideration of an OAG adverse action is reserved for victims or claimants. Service providers do not have the right to appeal or request a reconsideration of any OAG adverse action.

(f) A victim or claimant who fails to exhaust all available administrative remedies waives the right to seek judicial review.

Source Note: The provisions of this §61.901 adopted to be effective December 15, 2002, 27 TexReg 11513; amended to be effective November 14, 2007, 32 TexReg 8121; amended to be effective October 30, 2014, 39 TexReg 8373; amended to be effective August 20, 2017, 42 TexReg 3961