(a) A claim for an award 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 Tex. Code Crim. Proc. Art. 56.42, in accordance with the law in effect at the date of the criminally injurious conduct:
- (2) The 30-day time period for appealing the decision of the OAG to award or deny a claim 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; or
- (9) The OAG is unable, within 30 days of receiving an application, to obtain information substantiating that a crime occurred.
- (b) A "closed claim" may be reopened upon 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.