40 Tex. Admin. Code § 101.1013 - Documentary Evidence and Official Notice
(a) Documentary evidence may be received in
the form of copies or excerpts if the original is not readily available. On
request, parties shall be given an opportunity to compare the original and the
copy or excerpt.
(b) When numerous
similar documents that are otherwise admissible are offered into evidence, the
impartial hearing officer may limit the documents received to those that are
typical and representative. The impartial hearing officer may also require that
an abstract of relevant data from the documents be presented in the form of an
exhibit, provided that all parties be given the right to examine the documents
from which such abstracts were made.
(c) The following laws, rules, regulations,
and policies are officially noticed:
(1) The
Rehabilitation Act of 1973, as amended,
29 U.S.C.
§701, et seq.;
(3) Texas Human Resources Code, Chapter 91
and Chapter 111;
(4) Department of
Assistive and Rehabilitative Services, Division for Blind Services' and
Division for Rehabilitation Services' State Plan for Vocational Rehabilitation
Services;
(5) Department of
Assistive and Rehabilitative Services, Division for Blind Services, Vocational
Rehabilitation and Independent Living Manuals; and Division for Rehabilitation
Services, Rehabilitation Policy Manual;
(6) Texas Administrative Code, Title 40, Part
2, Department of Assistive and Rehabilitative Services.
(d) Official notice also may be taken of:
(1) all facts that are judicially cognizable;
and
(2) generally recognized facts
within the area of DARS' specialized knowledge.
Notes
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