40 Tex. Admin. Code § 802.145 - Evidence
(a) Evidence
Generally. Evidence, including hearsay evidence, shall be admitted if it is
relevant and if in the judgment of the hearing officer it is the kind of
evidence on which reasonably prudent persons are accustomed to rely in the
conduct of their affairs. However, the hearing officer may exclude evidence if
its probative value is outweighed by the danger of unfair prejudice, by
confusion of the issues, or by reasonable concern for undue delay, waste of
time, or needless presentation of cumulative evidence.
(b) Exchange of Exhibits. Any documentary
evidence to be presented during a telephonic hearing shall be exchanged with
all parties and a copy shall be provided to the hearing officer in advance of
the hearing. Any documentary evidence to be presented at an in-person hearing
shall be exchanged at the hearing.
(c) Stipulations. The parties, with the
consent of the hearing officer, may agree in writing to relevant facts. The
hearing officer may decide the appeal based on such stipulations or, at the
hearing officer's discretion, may set the appeal for hearing and take such
further evidence as the hearing officer deems necessary.
(d) Experts and Evaluations. If relevant and
useful, testimony from an independent expert or a professional evaluation from
a source satisfactory to the parties and the Agency may be ordered by hearing
officers, on their own motion, or at a party's request. Any such expert or
evaluation shall be at the expense of one or more of the parties.
(e) Subpoenas.
(1) The hearing officer may issue subpoenas
to compel the attendance of witnesses and the production of records. A subpoena
may be issued either at the request of a party or on the hearing officer's own
motion.
(2) A party requesting a
subpoena shall state the nature of the information desired, including names of
any witnesses and the records that the requestor feels are necessary for the
proper presentation of the case.
(3) The request shall be granted only to the
extent the records or the testimony of the requested witnesses appears to be
relevant to the issues on appeal.
(4) A denial of a subpoena request shall be
made in writing or on the record, stating the reasons for such
denial.
Notes
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