(a) If the claimant is dissatisfied with the reconsideration decision, the claimant may file a signed, written request for hearing.
(b) The OAG may not grant a request for a hearing if a request is not filed by the claimant within the 30-day time period, unless the claimant shows good cause for late filing. The claimant must provide to the OAG a signed, written explanation showing good cause for failing to submit a written request for hearing within the 30-day time period.
(c) If the OAG does not find that good cause exists for late filing, the decision of the OAG becomes binding, and the claimant waives the right to further appeal. If the OAG determines that a hearing is necessary, then the claimant will receive notice of hearing not less than 10 days before the date of the hearing, stating the time, date, and place of the hearing.
(d) The hearing shall be conducted in Texas in a manner consistent with the law and rules adopted under this chapter.
(e) Any costs for the claimant to travel to the hearing are entirely the financial responsibility of the claimant and those costs will not be reimbursed by the OAG.
(f) Failure of the claimant to appear for the hearing, may result in the entry of a final decision based upon the available record. A claimant may have the hearing rescheduled by making a request to reschedule at least two OAG business days prior to the hearing. Multiple requests for reschedule may be denied by the OAG. If a claimant fails to make a timely request to reschedule, the OAG may reschedule the hearing upon good cause shown by the claimant.
(g) The OAG will notify the claimant in writing of the final decision, including the reasons for the decision.
(h) A claimant may seek judicial review of all or any part of the final decision.
(i) In any proceeding under this subchapter, the burden of proof is upon the claimant to prove by a preponderance of the evidence that grounds for compensation exist.
(j) A claimant who fails to exhaust all available administrative remedies waives the right to seek judicial review.
(k) A final decision from the OAG may only be rendered by the OAG hearing officer after a prehearing conference, a final ruling hearing, or based on the available record.

Source Note: The provisions of this §65.402 adopted to be effective May 12, 2024, 49 TexReg 3003