- (a) Pursuant to Tex. Code of Crim. Proc. Art. 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 or the amount of an award.
- (b) Within 30 days of the date of the OAG's award decision, 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 award decision within the 30-day time period, the decision of the OAG becomes the final decision of the agency.
- (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 award decision 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 the final decision of the agency.
- (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 OAG's written notification 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 final and the victim or claimant waives the right to a hearing.
- (e) The right to request a reconsideration of an OAG award decision is reserved for victims or claimants. Service providers do not have the right to appeal or request a reconsideration of any OAG award decision.
Source Note:The provisions of this §61.901 adopted to be effective December 15, 2002, 27 TexReg 11513.