TITLE 1. ADMINISTRATION

PART 3. OFFICE OF THE ATTORNEY GENERAL

CHAPTER 61. CRIME VICTIMS' COMPENSATION

The Office of the Attorney General (OAG) proposes amendments to Chapter 61, Subchapter A, §61.1 and §61.3, Subchapter B, §61.101, Subchapter C, §§61.201, 61.202, and 61.203, Subchapter D, §§61.301, 61.302, and 61.304, Subchapter E, §§61.401, 61.404, 61.406, and 61.407, Subchapter F, §§61.501, 61.505, and 61.507, Subchapter I, §§61.801, 61.802, and 61.804, and Subchapter J, §61.901, concerning the administration of the OAG's Crime Victims' Compensation Program (CVC). Changes to all above-listed subchapters are necessary to comply with recent changes to Texas Code of Criminal Procedure Articles 56.06 and 56.065 that allow and require CVC to make payments to persons who receive emergency medical treatment in conjunction with a sexual assault forensic medical examination. An amendment to Chapter 61, Subchapter C, §61.201(c) will clarify who may file an application for compensation on behalf of a child. An amendment to Chapter 61, Subchapter E, §61.404 will correct a misstatement in the rules regarding when CVC shall pay for travel to an execution. Chapter 61, Subchapter E, §61.407 will be amended to correct an inaccurate internal citation.

Gene McCleskey, Division Chief, OAG Crime Victim Services Division, has determined that for the first five-year period that the amendments are in effect the constitutionally dedicated Victims of Crime Fund will incur no additional costs on behalf of state or local government as a result of enforcing or administering the amended sections.

Mr. McCleskey has determined that for each of the first five years following the adoption of the amendments, the anticipated public benefit of the proposal will be to increase the state's effective and efficient administration of the CVC program.

Mr. McCleskey has also determined that the proposed amendments are not likely to have an adverse economic impact on small businesses. There is no anticipated economic cost to persons who are required to comply with the amendments as proposed.

Written comments on the proposal may be submitted for 30 calendar days following the publication of this notice to Kristen D. Huff, Assistant Attorney General, Crime Victim Services Division, Office of the Attorney General, at kristen.huff@oag.texas.gov.

SUBCHAPTER A. SCOPE AND CONSTRUCTION OF RULES AND GENERAL PROVISIONS

1 TAC §61.1, §61.3

The amendments are proposed in accordance with Texas Code of Criminal Procedure Articles 56.065, 56.33 and 56.42, which require the OAG to adopt rules governing the administration of its CVC program.

These amendments are required in order to implement legislative changes to Texas Code of Criminal Procedure Articles 56.06(f), 56.065(k), and 56.54(k).

Amendments to these sections are proposed under Texas Code of Criminal Procedure Articles 56.065 and 56.33.

§61.1.Scope and Construction of Rules.

(a) This chapter is intended to apply solely to the administration of the Crime Victims' Compensation Act (CVCA), Texas Code of Criminal Procedure Chapter 56, Articles 56.06, 56.065, and Subchapter B. The Office of the Attorney General (OAG) adopts this chapter consistent with the CVCA and the authority granted under Texas Code of Criminal Procedure Articles 56.33(a) and 56.42(c).

(b) To assure a just determination for every application submitted to the OAG for compensation by victims of crime, this chapter will be given its most reasonable meaning taken in their total context, and will be construed to secure a just resolution or decision for every controversy.

(c) If good cause is established to show that compliance with this chapter may result in an injustice to any interested person, the chapter may be suspended at the discretion of the OAG.

(d) All ranges of calendar dates shall be inclusive of the listed dates. Unless otherwise provided by law, all [All] applications shall be governed by the statutes in effect on the date of the criminally injurious conduct or the date of the forensic medical examination for emergency medical care applications.

(e) All prior rules promulgated by the OAG in the administration of the CVCA shall continue in effect for the administration of applications arising out of criminally injurious conduct during the effective period of such prior rules.

(f) This chapter shall be liberally construed to promote fairness, due process and the interests of justice.

§61.3.Closing Applications.

(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 §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 §61.502(d) [§61.502(b)] 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.

(c) Emergency medical care applications are not subject to:

(1) subsection (a)(9) of this section;

(2) subsection (a)(10) of this section, except in cases when the collateral source is a federal or federally financed collateral source such as Medicaid or Medicare.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on June 2, 2017.

TRD-201702154

Amanda Crawford

General Counsel

Office of the Attorney General

Earliest possible date of adoption: July 16, 2017

For further information, please call: (512) 475-3210


SUBCHAPTER B. DEFINITIONS

1 TAC §61.101

Amendments to this section are proposed under Texas Code of Criminal Procedure Articles 56.065, 56.33, and 56.42.

§61.101.Definitions.

(a) The following words and terms, when used in this chapter, shall have the following meanings:

(1) Application--A request for compensation in accordance with Texas Code of Criminal Procedure Article 56.36(a), including an emergency medical care application.

(2) [(1)] Closed Application--An application which has been administratively closed under §61.3 of this chapter (relating to Closing Applications). The administrative closure of an application will prevent further payments, reimbursements or other claim processing to occur unless the application is reopened under §61.3(b) of this chapter.

(3) [(2)] Disability Period--The length of time that a victim has a medically determinable physical or mental impairment that causes the victim to be unable to perform their work as a direct result of the criminally injurious conduct. For a victim under 18, the disability period means the length of time the victim has a medically determinable physical or mental impairment, or a combination of impairments, that causes marked and severe functional limitations as a direct result of the criminally injurious conduct. The disability period must be determined by a Medical Doctor (M.D.), Doctor of Osteopathy (D.O.), or the OAG.

(4) Emergency Medical Care Application--An application arising out of a forensic medical examination under Texas Code of Criminal Procedure Article 56.06 or 56.065 which is eligible only for payments of expenses incurred for emergency medical treatment.

(5) Emergency Medical Treatment--Emergency medical care as defined by Texas Health and Safety Code §773.003(7-a) provided to a sexual assault survivor as a result of a request for a forensic medical examination.

(6) [(3)] Extraordinary Pecuniary Losses--As used in Texas Code of Criminal Procedure Article 56.42(b), means economic losses which exceed the limits on compensation in effect on the date of the criminally injurious conduct giving rise to the application for compensation. Extraordinary pecuniary losses may include loss of earnings, but only in addition to the statutorily enumerated costs, which are further described in §61.407 of this chapter (relating to Additional Compensation for Extraordinary Pecuniary Losses).

(7) Forensic Medical Examination--A specialized examination provided pursuant to Texas Government Code Chapter 420, which uses an OAG-approved evidence collection kit and protocol.

(8) [(4)] Funeral Purchase Agreement--A written statement of funeral goods and services signed by a claimant and a representative of the service provider which itemizes the cost of funeral services or merchandise selected by a claimant. The agreement may or may not include terms governing burial expenses, but it must include the following information:

(A) the funeral goods and funeral services selected by that person and the prices to be paid for each, unless there is an itemized discounted package arrangement;

(B) specifically itemized cash advance items; and

(C) the total cost of the goods and services selected.

(9) [(5)] Health Care Service Provider--Any person or entity that provides medical, psychiatric care or counseling services, and includes a doctor or other person duly licensed to practice one or more of the healing arts, a health care facility, or an entity providing health care.

(10) [(6)] Incarcerated--A person who is confined in a penal institution as a result of being arrested for, charged with, or convicted of a criminal offense. This term also includes persons who have been detained in a confined space pending or during transport to or from a penal institution.

(11) [(7)] Interested Person--As used in Texas Code of Criminal Procedure Article 56.40(c), includes a victim and any valid claimants whose application for compensation may be affected by the outcome of a final ruling hearing and does not include the accused criminal offender or non-claimant creditors.

(12) [(8)] Law enforcement agency--As used in Texas Code of Criminal Procedure Chapter 56, means a governmental organization that employs commissioned peace officers as defined by Texas Code of Criminal Procedure Article 2.12.

(13) [(9)] Medical--As used in Texas Code of Criminal Procedure Article 56.32(a)(9)(A), means medical, hospital, nursing, physical therapy or dental services and includes the costs of medical treatment, or any other medical cost deemed appropriate by the OAG. Except for an admission to a hospital or clinic for in-patient psychiatric treatment, a residential treatment center, or intensive outpatient programs, the term medical does not include psychiatric care or counseling, as that term is defined in this chapter.

(14) [(10)] Medically Indicated Services--As used in Texas Code of Criminal Procedure Article 56.32(a)(9)(B)(ii), means medical treatment, or psychiatric care or counseling related to the disability period resulting from the personal injury which is ordered and provided by a heath care service provider.

(15) [(11)] Medically Necessary--As used in Texas Code of Criminal Procedure Article 56.385, refers to services that a health care service provider, exercising prudent clinical judgment, would provide to a victim or claimant for the purpose of evaluating, diagnosing or treating an illness, injury, disease or its symptoms.

(16) [(12)] Penal Institution--As used in Texas Code of Criminal Procedure Article 56.41(b)(6) and as defined in the Texas Penal Code §1.07, refers to a place designated by law for confinement of persons arrested for, charged with, or convicted of an offense.

(17) [(13)] Physical Therapy--As used in Texas Code of Criminal Procedure Article 56.32(a)(9)(A), refers to treatment prescribed by a M.D., D.O., or Chiropractic Doctor (D.C.), conducted under the direct supervision of the M.D., D.O., D.C., or a physical therapist, and means health care services that prevent, identify, correct, or alleviate acute or prolonged movement dysfunction or pain of anatomical or physiological origin.

(18) [(14)] Psychiatric Care or Counseling--As used in Texas Code of Criminal Procedure Articles 56.32(a)(9)(A) and 56.32(a)(2)(D)(I), means psychiatric care or counseling performed by a mental health service provider with a professional license and may include any modality recognized by the Texas Department of Insurance, Division of Workers Compensation in their medical fee guidelines. The types of licenses approved by the OAG to provide psychiatric care or counseling are listed on the OAG website. The term psychiatric care or counseling does not include an admission to a hospital or clinic for in-patient psychiatric treatment, admission to a residential treatment center or intensive outpatient programs, which are considered medical expenses.

(19) [(15)] Reports--As used in Texas Code of Criminal Procedure Article 56.38(d), includes both written and oral reports from a law enforcement agency as deemed appropriate by the OAG.

(20) [(16)] Resident--As used in Texas Code of Criminal Procedure Article 56.32(a)(11)(A)(ii), means a person who has a domicile in Texas or who lives for more than a temporary period in Texas, another state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a possession or territory of the United States.

(21) [(17)] Service Provider--Any provider of compensable services to a victim or claimant including, but not limited to, health care service providers, mental health counselors, funeral or burial service providers, child care providers, landlords, moving companies, or any other person or entity who is eligible to receive direct payments from the OAG on behalf of a victim or claimant under Texas Code of Criminal Procedure Article 56.44(d) for pecuniary losses under Texas Code of Criminal Procedure Article 56.32(a)(9).

(22) Sexual Assault Survivor--As defined by Texas Health and Safety Code §323.001(5), means an individual who is a victim of a sexual assault, regardless of whether a report is made or a conviction is obtained in the incident.

(23) [(18)] Total and Permanent Disability--As used in Texas Code of Criminal Procedure Article 56.42(b), means the victim is not likely to recover from their crime related personal injury such that an M.D. or D.O. may certify with reasonable medical certainty that a disabling condition will continue indefinitely and results in the victim's disqualification or inability to perform the usual tasks of a worker in such a way as to leave the victim at a substantial disadvantage in the competitive labor market for any type of work. The term does not require permanent unemployment.

(24) [(19)] Trafficking of Persons--As defined by Texas Code of Criminal Procedure Article 56.32(a)(14), means any offense that results in a person engaging in forced labor or services and that may be prosecuted under Texas Penal Code §§20A.02, 20A.03, 43.03, 43.04, 43.05, 43.25, 43.251, or 43.26.

(b) The definitions in this chapter will be given their most ordinary meaning unless the context clearly indicates otherwise, in accordance with Texas Government Code §312.002(a).

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on June 2, 2017.

TRD-201702155

Amanda Crawford

General Counsel

Office of the Attorney General

Earliest possible date of adoption: July 16, 2017

For further information, please call: (512) 475-3210


SUBCHAPTER C. APPLICATION

1 TAC §§61.201 - 61.203

Amendments to these sections are proposed under Texas Code of Criminal Procedure Articles 56.065, 56.33, and 56.42.

§61.201.Application for Compensation.

(a) As required by Texas Code of Criminal Procedure Article 56.36, all communications and OAG approved applications for compensation shall be submitted to the Crime Victims' Compensation Program, Office of the Attorney General, P.O. Box 12198, Austin, Texas 78711-2198. An OAG approved application for compensation is considered complete and will be processed when the application:

(1) is filled out in relevant part [its entirety];

(2) is signed by a victim or a claimant as defined by Texas Code of Criminal Procedure Article 56.32;

(3) except when the application is an emergency medical care application, provides the case number or other sufficient information concerning the relevant law enforcement or public safety agency to enable the OAG to request a criminal report substantiating that the victim or claimant reported the crime; and

(4) provides any other information requested by the OAG to determine eligibility.

(b) If the victim or claimant submits an application that is not complete, the OAG will notify the victim or claimant in writing that his or her application is incomplete and request that the additional information be provided within 30 days. If the victim or claimant does not return the completed application to the OAG within 30 days, the application for compensation may be closed in accordance with §61.3 of this chapter (relating to Closing Applications).

(c) Under Texas Code of Criminal Procedure Article 56.32(a)(2)(E), to be an authorized individual entitled to file an application and act on behalf of a child, an individual must:

(1) be the parent of the child; [have legal guardianship; or]

(2) have legal guardianship of the child; [have the legal authority to act on behalf of the child; or]

(3) be an emancipated child acting on his or her own behalf; or [be the parent, spouse, or the child if the child has been emancipated.]

(4) otherwise have legal authority to act on behalf of the child.

(d) The OAG may merge one or more submitted applications for compensation involving the same victim if:

(1) the applications arise out of the same alleged incident of criminally injurious conduct;

(2) the applications arise out of substantially similar alleged facts involving the same victim and offender; or

(3) the applications allege a pattern of criminally injurious conduct against the same victim by the same offender over a period of time greater than one day.

(e) Subsection (d) of this section shall not be construed to deny an application for compensation for each individually named victim of the same incident of criminally injurious conduct. If a victim or claimant disputes the merging of two or more applications for compensation under this section, the victim or claimant may request a reconsideration of the decision to merge applications.

§61.202.Timely Filing an Application.

Except as provided by paragraph (8) [(7)] of this section:

(1) An application for compensation based on criminally injurious conduct that occurred between January 1, 1980, and August 31, 1983, must have been filed with the OAG not later than 180 days from the date of the criminally injurious conduct.

(2) An application for compensation based on criminally injurious conduct that occurred between September 1, 1983 and August 31, 1997, must have been filed with the OAG not later than one year from the date of the criminally injurious conduct.

(3) An application for compensation based on criminally injurious conduct that occurred on or after September 1, 1997 must be filed with the OAG not later than three years from the date of the criminally injurious conduct.

(4) An emergency medical care application based on a forensic medical examination performed on or after September 1, 2015 must be filed within three years of the date of the examination.

(5) [(4)] In accordance with Texas Code of Criminal Procedure Article 56.37(b), the OAG may extend the time for filing an application upon good cause shown by the claimant or victim. Good cause, as determined by the OAG, includes the following circumstances:

(A) the victim or claimant was not informed about the CVC program by a law enforcement agency, public service agency or service provider and the victim or claimant has not previously applied for or received compensation from the CVC Program;

(B) physical or psychological factors prevented the victim or claimant from filing in a timely manner;

(C) communication barriers existed that prevented the victim or claimant from filing in a timely manner; or

(D) any other circumstance that the OAG considers significant.

(6) [(5)] In accordance with Texas Code of Criminal Procedure Article 56.37(c), if the victim is a child, the application must be filed within three years from the date the claimant or victim is made aware of the crime but not after the child is 21 years of age.

(7) [(6)] In accordance with Texas Code of Criminal Procedure Article 56.37(d), the OAG will exclude a period of incapacity from the time to file an application if the victim or claimant:

(A) submits medically documented evidence of a physical or mental incapacity;

(B) the period of incapacity is a result of the criminally injurious conduct; and

(C) the incapacity reasonably prevented the victim or claimant from filing an application within the statutorily prescribed limit in effect on the date of the criminally injurious conduct.

(8) [(7)] In accordance with Texas Code of Criminal Procedure Article 56.37(e), an application on behalf of a victim of criminal homicide must be filed with the OAG not later than three years after the date the victim's identity is established by a law enforcement agency.

§61.203.Timely Reporting to Law Enforcement.

(a) As required by Texas Code of Criminal Procedure Article 56.46(a), a victim or claimant may not file an application with the OAG unless he or she timely reports the crime to the appropriate state or local public safety or law enforcement agency. This timely reporting requirement does not apply to a victim who is a child, as defined by Texas Code of Criminal Procedure Article 56.32(a)(1), or emergency medical care applications.

(b) For criminally injurious conduct that occurred prior to September 1, 1997, the report to a law enforcement agency must have been made within 72 hours. After September 1, 1997, the report to a law enforcement agency must have been made within a reasonable time so as not to interfere with or hamper the investigation and prosecution of the crime.

(c) If the OAG determines that extraordinary circumstances exist, then the reporting period may be extended. Extraordinary circumstances, as deemed acceptable by the OAG, may be shown by verification of the following:

(1) physical or psychological factors prevented the victim or claimant from reporting in a timely manner;

(2) threats were made against the victim or claimant in an attempt to prevent the reporting of the crime;

(3) communication barriers existed that prevented the victim or claimant from timely reporting; or

(4) any other circumstance that the OAG considers significant.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on June 2, 2017.

TRD-201702156

Amanda Crawford

General Counsel

Office of the Attorney General

Earliest possible date of adoption: July 16, 2017

For further information, please call: (512) 475-3210


SUBCHAPTER D. REDUCTION, DENIAL OR REFUND OF AN APPLICATION OR AWARD

1 TAC §§61.301, 61.302, 61.304

Amendments to these sections are proposed under Texas Code of Criminal Procedure Articles 56.065, 56.33, and 56.42.

§61.301.Reducing an Application or Award.

(a) To reduce an application or award under Texas Code of Criminal Procedure Article 56.45(a)(2) [56.45(2)], the OAG may consider the victim's behavior if it was a significant factor in the cause of the personal injury. If the OAG determines that the victim shared a portion of the responsibility for the act or omission that gave rise to the application, the OAG may reduce the award for compensation by 25% or 50%. When an award for compensation is reduced, the reduction applies to each bill, each individual award amount, and the aggregate award amount.

(b) Emergency medical care applications are not subject to Texas Code of Criminal Procedure Article 56.45(a)(2), and therefore this rule does not apply to emergency medical care applications.

(c) [(b)] When determining whether a victim's behavior is a significant factor in the cause of the personal injury, the OAG will consider the totality of facts and circumstances, including but not limited to:

(1) the victim's ability to have reasonably avoided the incident;

(2) the nature and extent of injuries sustained by the victim;

(3) the nature and extent of injuries sustained by the alleged offender or offenders;

(4) exhibition or use of a deadly weapon;

(5) the relationship, if any, between the victim and offender or offenders, including a history of criminally injurious conduct;

(6) the proportionate responsibility between the parties;

(7) the opinions and conclusion of law enforcement investigators assigned to the case;

(8) the legal opinions and conclusions of prosecutorial agencies regarding the presentation of criminal charges and an assessment of affirmative defenses;

(9) the results of the victim's actions could have been reasonably foreseen by the victim at the time;

(10) there is a causal relationship between the victim's or claimant's conduct; and

(11) the degree of harm that occurred as a result of the criminally injurious conduct and the future harm that may occur if compensation is not awarded.

§61.302.Denying an Application or Award.

(a) An application for compensation shall be denied if:

(1) the criminally injurious conduct is not reported to law enforcement as required by Texas Code of Criminal Procedure Article 56.46;

(2) the application does not satisfy the requirements of Texas Code of Criminal Procedure Articles 56.36 and 56.37;

(3) the victim or claimant knowingly and willingly participated in the criminally injurious conduct as prohibited by Texas Code of Criminal Procedure Article 56.41(b)(3);

(4) the victim or claimant is determined by law enforcement to be the offender or an accomplice as prohibited by Texas Code of Criminal Procedure Article 56.41(b)(4);

(5) an award of compensation to the victim or claimant would benefit the offender or an accomplice as prohibited by Texas Code of Criminal Procedure Article 56.41(b)(5);

(6) the victim or claimant was incarcerated at the time the offense was committed as prohibited by Texas Code of Criminal Procedure Article 56.41(b)(6);

(7) the victim or claimant, as prohibited by Texas Code of Criminal Procedure Article 56.41(b)(7), knowingly or intentionally:

(A) submits, or causes to be submitted by a third party, a material statement or representation of fact that the person knows or intends to be false or forged; or

(B) omits material information in an application or supporting documentation that the person knows or should reasonably know will result in reliance upon the omission.

(b) An application for compensation may be denied under Texas Code of Criminal Procedure Article 56.45 if:

(1) the victim or claimant has not substantially cooperated with the appropriate law enforcement agency;

(2) the victim or claimant is responsible for the act or omission giving rise to the application because of the victim or claimant's behavior and a reduction is not granted under §61.301 of this subchapter (relating to Reducing an Application or Award); or

(3) the victim or claimant was engaging in an activity at the time of the criminally injurious conduct that was prohibited by law, excluding minor traffic offenses or other certain non-violent misdemeanors.

(c) Applications arising out of the criminally injurious conduct of trafficking of persons will not be denied solely because the victim engaged in an activity prohibited by law due to threat, coercion, or intimidation as a part of criminally injurious conduct giving rise to the application.

(d) Under Texas Code of Criminal Procedure Articles 56.311 and 56.45(1), the legislature intended the CVC program to encourage greater public cooperation in the successful apprehension and prosecution of criminals. When determining whether a victim or claimant has substantially cooperated with law enforcement, the OAG will consider the totality of facts and circumstances, including but not limited to:

(1) the victim's physical and mental capacity to participate in the investigation, apprehension and prosecution of the offender or offenders;

(2) whether the victim has provided a true, accurate and complete description of the crime;

(3) the extent to which the victim or claimant has participated in investigative activities;

(4) the extent to which the victim or claimant has participated in the prosecution of the offender; and

(5) whether any delays in substantial cooperation hindered or hampered the successful apprehension and prosecution of the offender.

(e) Emergency medical care applications are not subject to the following:

(1) subsection (a)(1) and (3) - (5) of this section;

(2) subsection (a)(2) of this section to the extent the applicants need not comply with Texas Code of Criminal Procedure Articles 56.36(b)(1), (2) and 56.37; and

(3) subsections (b) and (d) of this section.

(f) An emergency medical care application may be denied based on the following:

(1) the forensic medical examination did not occur in Texas;

(2) the forensic medical examination was conducted before September 1, 2015;

(3) the emergency medical treatment was not incident to the forensic medical examination;

(4) the medical care was not emergency medical treatment; or

(5) the emergency medical treatment was not provided in accordance with Texas Health and Safety Code §323.004.

§61.304.Refunds from Victims or Claimants.

(a) The OAG may request a refund of any amount awarded on an application by fraud, mistake or because of newly discovered evidence in accordance with Texas Code of Criminal Procedure Article56.47(c).

(b) The OAG may pursue available administrative or civil penalties as provided under Texas Code of Criminal Procedure Articles 56.62, 56.63 and 56.64 in addition to seeking a refund.

(c) The OAG may:

(1) require the victim or claimant to repay the overpayment in full;

(2) allow the requested refund to be repaid in installments in consideration of the victim or claimant's financial circumstances; or

(3) reduce future payments from the OAG to the victim or claimant by the amount of the overpayment, if future payments are anticipated.

(d) The OAG may discontinue or suspend all current and future payments to a victim or claimant who has received a request for a refund until the OAG is satisfied that the refund requirements have been met or the victim or claimant enters into a refund payment arrangement as described in this section.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on June 2, 2017.

TRD-201702157

Amanda Crawford

General Counsel

Office of the Attorney General

Earliest possible date of adoption: July 16, 2017

For further information, please call: (512) 475-3210


SUBCHAPTER E. PECUNIARY LOSS

1 TAC §§61.401, 61.404, 61.406, 61.407

Amendments to these sections are proposed under Texas Code of Criminal Procedure Articles 56.065, 56.33, and 56.42.

§61.401.Applicability.

(a) The OAG shall determine the eligibility, standards, and reasonable limits on compensation for pecuniary losses under Texas Code of Criminal Procedure Article 56.32(a)(9), in a manner consistent with the provisions of this chapter and in accordance with any other controlling provisions of law.

(b) Emergency medical care applications are eligible only for pecuniary losses for medical expenses described in Texas Code of Criminal Procedure Article 56.32(a)(9)(A) incurred for emergency medical treatment and are subject to the limitation described in Texas Code of Criminal Procedure Article 56.42(a).

§61.404.Travel Expenses.

(a) Pursuant to Texas Code of Criminal Procedure Article 56.32(a)(9)(B), (D),and (J), the OAG may reimburse a victim or claimant for actual, reasonable and necessary travel expenses resulting from the criminally injurious conduct. Reasonable and necessary travel expenses include transportation provided by a commercial transportation company, or for mileage for the use of the victim's or claimant's personally owned motor vehicle, including reimbursement to a claimant transporting a victim who is physically or legally unable to operate a motor vehicle. The OAG may reimburse transportation expenses only from the victim's or claimant's residence, unless the applicant demonstrates that good cause exists for another starting destination. The travel distance must exceed 20 miles one-way.

(b) Meals and lodging expenses are considered reasonable and necessary travel expenses under Texas Code of Criminal Procedure Article 56.32(a)(9)(B)(ii) and (iii), (D), and (J). The OAG may reimburse a victim or claimant for meals and lodging if:

(1) the travel distance, one-way from the victim's or claimant's residence, exceeds 60 miles; and

(2) lodging is provided by a commercial lodging establishment including a hotel, motel, inn, apartment, or similar entity that offers lodging to the public in exchange for compensation.

(c) Reimbursement to a victim or claimant for transportation, meals and lodging may not be paid at a rate that exceeds the maximum rates provided by law to Texas state employees. If no state maximum rate for an expense exists by law, the OAG may reimburse the victim or claimant at a rate determined to be reasonable and necessary. Reimbursement for meals may be paid only if the victim or claimant stays overnight, regardless of whether the OAG reimburses for lodging expenses related to the stay.

(d) A victim or claimant seeking reimbursement shall submit a verified statement on a form prescribed by the OAG setting forth the transportation, meals, and lodging expenses under this section. The form shall reflect the number of hours or days of travel and attendance and the mileage using the shortest route between the victim's or claimant's residence and the travel destination if a personal vehicle is used. The victim or claimant shall submit all receipts of transportation and lodging with the claim form. The forms shall contain all of the signatures of the appropriate officials in the following manner:

(1) for psychiatric care or counseling, or medically indicated services, the signature of a health care provider;

(2) for attendance at or participation in the investigation of the criminally injurious conduct leading to the application, the signature of the law enforcement officer, crime victim liaison, or victim assistance coordinator requesting the victim's or claimant's presence;

(3) for attendance at or participation in the prosecution or judicial proceedings of the criminal case forming the basis of the application, the signature of the prosecuting attorney, his or her authorized representative the crime victim liaison, the victim assistance coordinator, the presiding official, or his or her authorized representative;

(4) for attendance at or participation in post-conviction or post-adjudication proceedings, the signature of the prosecuting attorney, his or her authorized representative, the crime victim liaison, the victim assistance coordinator, the presiding official, or his or her authorized representative;

(5)for attendance at the funeral or memorial service of a victim, the signature of the person officiating the service or a representative of the funeral home, or any other person deemed appropriate by the OAG; or

(6) for attendance at an execution proceeding, the signature of a representative, including a victim services professional from the offices of the district attorney, attorney general, a law enforcement agency or the Texas Department of Criminal Justice.

(e) A victim or claimant who is subject to a subpoena may not be reimbursed for travel expenses, pursuant to Texas Code of Criminal Procedure Article 56.32(a)(9)(B)(iii), for attendance at or participation in the prosecution, judicial, post-conviction or post-adjudication proceedings to the extent the witness receives reimbursement pursuant to Texas Code of Criminal Procedure Article 35.27.

(f) Reimbursement for reasonable and necessary travel expenses incurred by a claimant for an execution scheduled [criminally injurious conduct that occurred] on or after June 21, 2003, is available for the purpose of witnessing an execution, as provided by to Texas Code of Criminal Procedure Article 56.32(a)(9)(I).

(g) Reimbursement for reasonable and necessary travel expenses incurred by an immediate family member or household member of a deceased victim to attend the funeral or memorial services of the victim, as provided by Texas Code of Criminal Procedure Article 56.32(a)(9)(D), is available for criminally injurious conduct occurring on or after September 1, 2003.

§61.406.Collateral Sources.

(a) The crime victims' fund is the payer of last resort, according to Texas Code of Criminal Procedure Article 56.34(f). Under Texas Code of Criminal Procedure Articles 56.34(b) and 56.36(b)(3)(B), the OAG may only pay for those actual pecuniary losses that are not paid by a collateral source.

(b) Collateral sources are those benefits or advantages for pecuniary loss specifically described in Texas Code of Criminal Procedure Article 56.32(a)(3) and do not include other possible sources of reimbursement or recovery.

(c) Service providers should seek payment from all collateral sources which might be readily available to the victim or claimant prior to submitting claims or bills to the OAG, when possible. Service providers shall notify the OAG of all collateral sources being pursued on behalf of the victim or claimant.

(d) The OAG may deny or reduce an award if the OAG notifies the victim, claimant or service provider of a possible collateral source and the victim, claimant or service provider fails to apply or pursue the collateral source within an acceptable time frame for such collateral source. The acceptable time frame will be determined by the OAG upon consideration of all relevant facts and circumstances.

(e) If a service provider receives payment from any other source on behalf of the victim or claimant, the service provider must report the payment and the source to the OAG before receiving reimbursement. If the OAG has already made a payment, the service provider is responsible for notifying the OAG of the amount and the source of the other payment within 10 business days. Payments made to a service provider that reduce the amount of actual pecuniary loss that must be reported to the OAG include, but are not limited to the following: auto insurance; burial insurance; veterans' benefits; worker's compensation; death benefits; foreign consulate payments; gifts, donations and charitable contributions.

(f) Unless good cause exists, a victim or claimant who receives payment, benefits or reimbursement from a collateral source at any time must report that information to the OAG within 30 days.

(g) If the victim or claimant fails to utilize a collateral source that is readily available to the victim or claimant for all or a portion of a pecuniary loss, the OAG may deny or reduce an award to the extent of the unused collateral source.

(h) The OAG may consider good cause shown when determining whether a collateral source is considered readily available to the victim or claimant.

(i) Gifts, donations or charitable contributions made directly to a victim or claimant are not a collateral source and do not reduce the determination of the actual pecuniary losses incurred by the victim or claimant.

(j) Subsections (c), (d), and (g) of this section do not apply to emergency medical care applications except in cases when the collateral source is a federal or federally financed program such as Medicaid or Medicare.

§61.407.Additional Compensation for Extraordinary Pecuniary Losses.

(a) Compensation for extraordinary pecuniary losses are available to victims of criminally injurious conduct which occurred after September 1, 1995. Losses associated with subsection (g)(6) [(d)(6)], (7), and (8) of this section are only available for victims of criminally injurious conduct which occurred after September 1, 2001.

(b) Pursuant to Texas Code of Criminal Procedure Article 56.42(b), the OAG may only award an additional amount to be used for actual extraordinary pecuniary losses if the personal injury to a victim is catastrophic and results in a total and permanent disability to the victim. Claims for extraordinary pecuniary losses are governed by the statute and rules in effect on the date of the criminally injurious conduct.

(c) Once the OAG determines that a victim is eligible for additional compensation, the OAG may approve payment of expenses from either the victim's initial compensation amount or from the additional compensation amount, as determined appropriate by the OAG. The additional compensation for extraordinary pecuniary losses is available for the actual, reasonable and necessary costs incurred as a result of the criminally injurious conduct occurring on or after September 1, 1995, as follows:

(1) An award for additional compensation for extraordinary pecuniary losses arising from criminally injurious conduct that occurred between September 1, 1995 and August 31, 1997, shall not exceed $25,000.

(2) An award for additional compensation for extraordinary pecuniary losses arising from criminally injurious conduct that occurred between September 1, 1997 and August 31, 2001, shall not exceed $50,000.

(3) An award for additional compensation for extraordinary pecuniary losses arising from criminally injurious conduct that occurred on or after September 1, 2001, shall not exceed $75,000.

(d) Lost wages under this section has the same meaning as loss of earnings in this chapter. Loss of earnings under this section will be computed, as follows:

(1) By determining the weekly net earnings of a victim at the time of the criminally injurious conduct and multiplying the victim's net earnings by the number of weeks the victim continues to incur a loss of earnings; and

(2) The OAG will consider any other income earned subsequent to the crime, and any collateral source under Texas Code of Criminal Procedure Article 56.32(a)(3).

(e) Lost wages may be paid upon verification of one of the following:

(1) income reported to the Internal Revenue Service;

(2) documentation from the Texas Workforce Commission;

(3) an affidavit from an employer, including the employer's Texas Workforce Commission employer identification number; or

(4) any other source approved by the OAG.

(f) Lost wages available under Texas Code of Criminal Procedure Article 56.42(b) are determined by the date of criminally injurious conduct and are limited pursuant to Texas Code of Criminal Procedure Article 56.42(c) as follows:

(1) Between January 1, 1980 and August 31, 1989, the maximum amount of an award for loss of earnings is $150 per week.

(2) Between September 1, 1989 and August 31, 1995, the maximum amount of an award for loss of earnings is $200 per week.

(3) Between September 1, 1995 and January 31, 1998, the maximum amount of an award for loss of earnings is $400 per week.

(4) Between February 1, 1998 and July 14, 2016, the maximum amount of an award for loss of earnings is $500 per week.

(5) On or after July 15, 2016, the maximum amount of an award for loss of earnings is $700 per week.

(g) The additional compensation for extraordinary pecuniary losses shall be used only for the specific costs articulated in Texas Code of Criminal Procedure Article 56.42(b). Compensation may be made to replace lost wages and the following reasonable and necessary extraordinary pecuniary losses for expenses incurred as follows:

(1) Making a home accessible, including the actual, reasonable and necessary physical or structural modifications to a residence that are necessary to maintain an optimal level of independence in the activities of daily living. This includes, but is not limited to, modifications for ingress and egress to the home, modifying a kitchen, bedroom, or bathroom to accommodate the victim's physical limitations resulting from the criminal injury. The legal owner of the residence must submit to the OAG verification of ownership and written permission to modify the dwelling.

(2) Making an automobile accessible, including equipping a personal vehicle with reasonable and necessary equipment to allow the victim to control or to enter the vehicle to maintain an optimal level of independence in the activities of daily living. Modification of a vehicle is limited to one time per two year period unless good cause exists.

(3) Expenses for job training or vocational rehabilitation may be compensated if the service provider is licensed. Job training or vocational rehabilitation should be based upon a referral by one of the health care service providers treating the victim's injuries that resulted in the disability. All other collateral sources for job training and vocational rehabilitation must be utilized. Itemized bills must indicate the dates of service and the nature of the services provided. Semi-annual reviews of these conditions shall be conducted to assure continued compliance within the predicted length of rehabilitation.

(4) Training in the use of special appliances necessary due to the victim's physical limitations.

(5) Home health care expenses may be paid for services provided by health care service providers upon submission by the victim or claimant to the OAG of an itemized bill. Home health care service providers must be licensed, certified or registered within the state in which services are being provided. Itemized bills must indicate the dates of service and the nature of the services provided.

(6) Durable medical equipment, including those items that can withstand repeated use, are primarily used to serve a medical purpose, are generally not useful to a person in the absence of illness, injury or disease, and are appropriate for use in the victim's home or workplace or to assist with activities of daily living.

(7) Rehabilitation technology, including those therapeutic devices or systems, deemed appropriate by the OAG, which help the victim attain maximum function and an optimal level of independence in the activities of daily living.

(8) Long-term medical expenses are:

(A) incurred for medically indicated treatment which are considered reasonable and necessary and the expense occurs after 12 months of total and permanent disability or after the victim has reached maximum medical improvement, whichever is sooner; and

(B) medical, as defined by §61.101(a)(9) of this chapter (relating to Definitions), expenses which are a direct result of the criminally injurious conduct include, but are not limited to: medications, supplies, surgery, and surgery related expenses necessary to sustain or achieve the highest possible quality of life; or

(C) other expenses resulting from medically indicated treatment related to the criminally injurious conduct in which the OAG finds good cause for an expense to be covered as a long-term medical expense which is either:

(i) prior to the 12 month period of total and permanent disability; or

(ii) outside of the services listed in this section.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on June 2, 2017.

TRD-201702158

Amanda Crawford

General Counsel

Office of the Attorney General

Earliest possible date of adoption: July 16, 2017

For further information, please call: (512) 475-3210


SUBCHAPTER F. MEDICAL CARE, PSYCHIATRIC CARE OR COUNSELING

1 TAC §§61.501, 61.505, 61.507

Amendments to these sections are proposed under Texas Code of Criminal Procedure Articles 56.065, 56.33, and 56.42.

§61.501.Payment of Medical Bills.

(a) All bills for emergency medical treatment, medical, psychiatric care or counseling, and all bills of health care service providers must be itemized and submitted on a form approved by the OAG. If a collateral source is available, the explanation of benefits (EOB) showing the utilization of collateral sources must be attached.

(b) Health care service providers shall be reimbursed according to the Texas Department of Insurance, Division of Workers' Compensation allowable medical fee guidelines, where applicable.

(c) Services not covered under the medical fee guidelines that the OAG deems reasonably and necessarily incurred as a result of the criminally injurious conduct may be compensated at a fair and reasonable amount.

§61.505.Reimbursement of Medical, Psychiatric Care or Counseling Expenses Paid by Victim or Claimant.

Pursuant to Texas Code of Criminal Procedure Article 56.34, if circumstances require that the victim or claimant personally pay a medical, or psychiatric care or counseling expense incurred as a direct result of criminally injurious conduct or for emergency medical treatment, the OAG will award compensation to the victim or claimant for the amount not compensated by a collateral source.

§61.507.Payments to Health Care Service Providers.

(a) Failure to comply with any provision of this chapter or Texas Code of Criminal Procedure Chapter 56 may subject a health care service provider to a reduction or denial of payments, and any other applicable penalties allowed by law.

(b) The OAG shall award compensation for out of state health care services [Services] according to the Texas Department of Insurance, Division of Workers' Compensation medical fee guidelines.

(c) To maximize efficiency, bills submitted by service providers for $5 or less will not be processed. Service providers are encouraged to combine bills of $5 or less to ensure payment can be made.

(d) In the event a victim's pecuniary losses for medically indicated services exceed the maximum aggregate amount allowable for the application, the OAG may distribute awards of compensation to the victim, claimant and service providers in the manner requested by the victim or claimant.

(e) All payments to health care service providers may be held until the application is processed in accordance with Texas Code of Criminal Procedure Chapter 56[, Subchapter B] and all provisions of this chapter.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on June 2, 2017.

TRD-201702159

Amanda Crawford

General Counsel

Office of the Attorney General

Earliest possible date of adoption: July 16, 2017

For further information, please call: (512) 475-3210


SUBCHAPTER I. REIMBURSEMENT TO LAW ENFORCEMENT AGENCIES FOR FORENSIC MEDICAL EXAMINATIONS

1 TAC §§61.801, 61.802, 61.804

Amendments to the title of Subchapter I and sections within Subchapter I are proposed under Texas Code of Criminal Procedure Articles 56.065, 56.33, and 56.42.

§61.801.Applicability, General Provisions, and Exclusions.

(a) A law enforcement agency is entitled to reimbursement from the OAG for the reasonable costs associated with a forensic [sexual assault] medical examination of a victim consistent with Texas Code of Criminal Procedure Articles 56.06, 56.065, and 56.54(k) and this subchapter.

(b) The OAG shall determine the manner for submitting reimbursement requests. Requests for reimbursement shall be submitted within three years of the date of the forensic medical examination, and in accordance with the instructions, application, and documentation requirements as found on the OAG website.

(c) Only one forensic [sexual assault] medical examination per victim per alleged sexual assault will be considered a reimbursable cost.

(d) The OAG will reimburse a law enforcement agency for the reasonable costs associated with a forensic [sexual assault] medical examination of a victim as follows:

(1) for criminally injurious conduct occurring before July 15, 2016, reimbursement may not exceed $700;

(2) for criminally injurious conduct occurring on or after July 15, 2016, reimbursement may not exceed $1000.

(e) Law enforcement shall submit one complete application for reimbursement per victim per alleged sexual assault.

(f) If there are multiple fees from separate service providers, the OAG will reimburse the law enforcement agency up to a maximum aggregate amount of $700.

(g) The OAG will not reimburse the law enforcement agency for any costs associated with medical diagnosis and treatment. A law enforcement agency is not required to pay any costs of medical diagnosis or treatment for the victim's injuries.

(h) The OAG is not bound by any billing or contractual agreements made between a law enforcement agency and a service provider.

(i) The OAG may require additional documentation from a law enforcement agency or a service provider at any time to support a request for reimbursement.

(j) The OAG will not reimburse a law enforcement agency for any additional costs incurred during the testing and analysis of other physical evidence. This includes, but is not limited to: examining or treating a suspected perpetrator, laboratory testing of clothing, or forensic analysis of crime scene materials or other evidence.

(k) The OAG is only authorized to reimburse a law enforcement agency for a forensic [sexual assault] medical examination and reasonable costs for the services provided during the evidence collection portion of the examination including, but not limited to, charges for the examiner, health care facility use, procedures, and materials.

§61.802.Definitions.

(a) The following words and terms, when used in this subchapter, shall have the following meanings:

(1) Evidence collection kit and protocol--Refers to the Texas Evidence Collection Protocol published by the OAG or any other evidence collection protocol approved by the OAG.

[(2) Forensic sexual assault medical examination--A specialized examination provided pursuant to Texas Government Code, Chapter 420, which uses an OAG-approved evidence collection kit and protocol.]

(2) [(3)] Health care facility--A general or special hospital licensed under the Texas Health and Safety Code, Chapter 241; a general or special hospital owned or operated by the State; an outpatient clinic; or a physician's office.

(3) [(4)] Law enforcement agency--A governmental organization that employs commissioned peace officers as defined by Texas Code of Criminal Procedure Article 2.12.

(4) [(5)] Sexual assault--Shall have the meaning assigned by any of the following statutes: Texas Penal Code, §§21.02, 21.11, 22.011, 22.021, and 25.02.

(5) [(6)] Sexual assault examiner--A person who performs a forensic [sexual assault] medical examination and uses an OAG-approved evidence collection kit and protocol to collect and preserve evidence of a sexual assault.

(6) [(7)] Sexual assault nurse examiner--A nurse who conducts forensic [sexual assault] medical examinations, who may or may not hold an OAG-Sexual Assault Nurse Examiner certification.

(b) The definitions in this subchapter will be given their most ordinary meaning unless the context clearly indicates otherwise, in accordance with Texas Government Code §312.002(a).

§61.804.Billing Instructions.

(a) The reasonable costs of a forensic [sexual assault] medical examination under this subchapter include either of the following:

(1) Expenses that comply with the Texas Department of Insurance, Division of Worker's Compensation medical fee guidelines, and identified with Current Procedural Terminology (CPT) Codes; or

(2) The usual and customary charge for the forensic [sexual assault] medical examination on a standard billing form with a descriptive itemized statement of the service provided if there is no specific CPT Code under the medical fee guidelines for the medical service or procedure provided in the forensic [sexual assault] medical examination.

(b) In order to be considered a reimbursable charge for services of a physician, sexual assault examiner, or sexual assault nurse examiner, the following provisions apply:

(1) A physician should bill the law enforcement agency his or her usual and customary charge for the forensic [sexual assault] medical examination on a Centers for Medicare and Medicaid Services form (CMS 1500) and an itemization of the service provided. The OAG will accept a descriptive itemization of the service provided if no CPT or Revenue Codes are available.

(2) A sexual assault examiner or a sexual assault nurse examiner should [not use CPT or Revenue Codes, but should] bill the law enforcement agency his or her usual and customary charge for the forensic [sexual assault] medical examination on his or her standard billing form. To be considered for reimbursement, the bill for service must include a descriptive itemized statement of the service provided.

(3) In some examinations, a physician, sexual assault examiner, or a sexual assault nurse examiner may have additional evaluation and management requirements. To be considered for reimbursement in these cases, the OAG requires a full documentation of the procedure with the associated CPT Code or a descriptive itemized statement. The documentation of procedure must fully identify [why] the reason additional evaluation and management service was required to complete the examination and what services were provided.

(4) The OAG will not reimburse more than one examiner fee per examination.

(c) In order to be considered a reimbursable health care facility charge, the following provisions apply:

(1) The OAG will reimburse a law enforcement agency for a facility charge when [for] the examination occurs at eligible health care facilities which are certified by Medicare or accredited by the Joint Commission and are licensed by the Texas Department of State Health Services.

(2) To be considered for reimbursement, the bill from the health care facility must be on a Uniform Billing form (UB-04) or on the standard form used by the health care facility, and must have a descriptive itemized statement of the service provided. The licensed, accredited or certified health care facility may use the appropriate Revenue Code for a medical treatment room or emergency room or may provide a descriptive itemized statement.

(d) In order to be considered a reimbursable charge for procedures and materials, the following provisions apply:

(1) The OAG will reimburse a law enforcement agency for an anogenital examination using photo documentation of evidence collected during a forensic [sexual assault] medical examination. This charge may be reimbursed in addition to the charge for the sexual assault examiner or sexual assault nurse examiner.

(2) The OAG will reimburse for laboratory procedures, as further listed on the OAG website. Maximum reimbursement amounts may be associated with each procedure.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on June 2, 2017.

TRD-201702160

Amanda Crawford

General Counsel

Office of the Attorney General

Earliest possible date of adoption: July 16, 2017

For further information, please call: (512) 475-3210


SUBCHAPTER J. ADMINISTRATIVE REMEDIES

1 TAC §61.901

Amendments to this section are proposed under Texas Code of Criminal Procedure Articles 56.065, 56.33, and 56.42.

§61.901.Request for Reconsideration of an Adverse Action.

(a) Pursuant to Texas Code of Criminal Procedure Article 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 on an application or the amount of an award.

(b) Within 30 days of the date of the OAG's adverse action, 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 adverse action within the 30-day time period, the decision of the OAG becomes binding and the victim or claimant waives the right to further appeal.

(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 adverse action 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 binding and the victim or claimant waives the right to further appeal.

(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 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 binding and the victim or claimant waives the right to a hearing.

(e) The right to request a reconsideration of an OAG adverse action is reserved for victims or claimants. Service providers do not have the right to appeal or request a reconsideration of any OAG adverse action.

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

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on June 2, 2017.

TRD-201702161

Amanda Crawford

General Counsel

Office of the Attorney General

Earliest possible date of adoption: July 16, 2017

For further information, please call: (512) 475-3210