SECTION 61.903. Hearing

(a) If the request for a reconsideration is in accordance with §61.901 of this subchapter (relating to Request for Reconsideration of an Adverse Action, and the victim or claimant is dissatisfied with the reconsideration decision, the victim or claimant may file a signed, written request for hearing, pursuant to §61.901(d) of this subchapter.

(b) The OAG may not grant a request for a hearing 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 hearing within the 30-day time period.

(c) 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. If the OAG determines that a hearing is necessary, then the victim or claimant will receive notice of hearing not less than 10 days before the date of the hearing, stating the time, date, and place of the hearing.

(d) The hearing shall be conducted in Texas in manner consistent with Texas Code of Criminal Procedure Article 56.40.

(e) Any costs for the victim or claimant to travel to the hearing are entirely the financial responsibility of the victim or claimant and those costs will not be reimbursed by the OAG.

(f) Failure of the victim or claimant to appear for the hearing, may result in the entry of a final decision based upon the available record. A victim or claimant may have the hearing rescheduled by making a request to reschedule at least two OAG business days prior to the hearing. Multiple requests for reschedule may be denied by the OAG. If a victim or claimant fails to make a timely request to reschedule, the OAG may reschedule the hearing upon good cause shown by the victim or claimant.

(g) The OAG will notify the victim or claimant in writing of the final decision, including the reasons for the decision.

(h) Pursuant to Texas Code of Criminal Procedure Article 56.48 and §61.904 of this subchapter (relating to Judicial Review), a victim or claimant may seek judicial review of all or any part of the final decision.

(i) In any proceeding under this subchapter, the burden of proof is upon the victim or claimant to prove by a preponderance of the evidence that grounds for compensation exist.

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

(k) A final decision from the attorney general may only be rendered by the OAG hearing officer after a prehearing conference, a final ruling hearing, or based on the available record.

Source Note: The provisions of this §61.903 adopted to be effective December 15, 2002, 27 TexReg 11513; amended to be effective October 30, 2014, 39 TexReg 8373