Texas Administrative Code
Title 1 - ADMINISTRATION
Part 3 - OFFICE OF THE ATTORNEY GENERAL
Chapter 61 - CRIME VICTIMS' COMPENSATION
Subchapter A - SCOPE AND CONSTRUCTION OF RULES AND GENERAL PROVISIONS
Section 61.3 - Closing Applications
Universal Citation: 1 TX Admin Code ยง 61.3
Current through Reg. 49, No. 38; September 20, 2024
(a) An application for compensation 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 Texas Code of Criminal Procedure Article 56.42, in accordance with the
law in effect at the date of the criminally injurious conduct or the date of
the forensic medical examination for emergency medical care
applications;
(2) The 30-day time
period for appealing the decision of the OAG to award or deny an application or
award 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;
(9) The OAG is unable, within 30 days of
receiving an application, to obtain information substantiating that a crime
occurred;
(10) The victim or
claimant fails to report a collateral source or any other source of income;
or
(11) The victim is approved for
compensation and subsequently dies without a claimant on the application.
Payment may only be made on crime related bills submitted to the OAG prior to
the victim's death which meet all payment requirements. Upon the victim's
death, the individual who is legally charged with administering the victim's
estate may request to become a claimant and the application may remain open or
be reopened for payment of crime related expenses;
(12) The victim or claimant fails to provide
requested medical reports pursuant to §
RSA
61.502(a) of this chapter
(relating to Medical Reports and Records);
(13) The victim or claimant fails to submit
to an independent physical or mental examination requested pursuant to §
RSA
61.502(d) of this chapter;
or
(14) The victim or claimant
delays medically recommended treatment or is non-compliant with medical
orders.
(b) A closed application may be reopened upon the receipt of requested information, the OAG's own motion, or upon written request showing good cause by the victim or claimant.
Disclaimer: These regulations may not be the most recent version. Texas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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