(a) The OAG will deny compensation under this article if:
(1) real property damage was not caused by a trespasser committing a border crime on agricultural land;
(2) the claimant was eligible for reimbursement from another collateral source and failed to seek reimbursement from the collateral source prior to submitting an application; or
(3) the claimant did not meet the requirements for eligibility under this chapter; or
(4) the claimant knowingly or intentionally provides false or fraudulent information or supporting documentation to the OAG.
(b) An application for compensation may be closed at the discretion of the OAG if any of the following conditions occurs:
(1) No written report by a law enforcement agency was obtained;
(2) The claimant fails to respond within a 30-day period to a request made by the OAG for additional information as required by §65.300;
(3) The OAG is unable, within 30 days of receiving an application, to obtain information substantiating the incident; and
(4) The claimant fails to report that the claimant received or was eligible to receive compensation through a collateral source.
(c) The OAG may reopen an application that has been closed at its discretion upon written request from a claimant that establishes good cause.
(d) The OAG will not reopen an application that has been denied. A claimant may not reapply for compensation for an incident.
Source Note: The provisions of this §65.303 adopted to be effective May 12, 2024, 49 TexReg 3003