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

40 Tex. Admin. Code § 819.193
The provisions of this §819.193 adopted to be effective September 27, 2005, 30 TexReg 6065; Adopted by Texas Register, Volume 41, Number 31, July 29, 2016, TexReg 5564, eff. August 1, 2016

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