1. (a) If the request for a reconsideration is in accordance with §61.901 of this title, 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). If the OAG determines that a hearing is necessary, then the victim or claimant will receive a notice of hearing not less than 10 days before the date of the hearing, stating the time, date, and place of the hearing.
2. (b) The hearing shall be conducted in Texas in a manner consistent with Tex. Code Crim. Proc. Art. 56.40.
3. (c) 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.
4. (d) Failure of the victim or claimant to appear in person for the hearing, or to notify the OAG of the intended absence within 48 hours of the scheduled time for the hearing, may result in the entry of a final decision based upon the available record.
5. (e) As soon as practicable after the hearing, the OAG will notify the victim or claimant in writing of the final decision, including the reasons for the decision.
6. (f) Upon receipt of the final decision from the OAG hearing officer, the victim or claimant may seek judicial review, pursuant to §61.904.
7. (g) 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.

Source Note:The provisions of this §61.903 adopted to be effective December 15, 2002, 27 TexReg 11513.