40 Tex. Admin. Code § 819.193 - Evidence and Prehearing Conference
Current through Reg. 46, No. 53; December 31, 2021
(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 conducting 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.
To be considered as evidence in a decision, any document or physical evidence
must be entered as an exhibit at the hearing. Any documentary evidence to be
presented during a telephonic hearing shall be exchanged with all parties in
advance of the hearing and a copy shall be provided to the hearing officer in
advance of the hearing. Upon consideration of a party's proffered reason for
failure to exchange documentary evidence in advance of the hearing, the hearing
officer may admit or exclude same, or grant a postponement of the hearing, in
the discretion of the hearing officer.
(c) Stipulations. The parties, with the
consent of the hearing officer, may agree in writing to facts that are not in
controversy. The hearing officer may decide the appeal on the basis of 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) The hearing officer
may, on the hearing officer's own motion or at the request of any party, set an
informal prehearing conference and require that all parties attend. Notice of
the conference shall be in writing to each party. The conference will be held
in accordance with §
819.191
of these Rules, and will be an official part of the hearing record. Pursuant to
the conference, the hearing officer may consider:
(1) establishing the identities of parties
and witnesses;
(2) the agreement of
the parties on facts that are not in controversy;
(3) conciliation of the dispute;
(4) clarification of the issues;
(5) procedures for scheduling and conduct of
the hearing;
(6) exchange of
documents; and
(7) any other matter
that promotes the orderly and prompt conduct of the hearing.
Notes
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