| (a) No later than five (5) days prior to the scheduled
hearing, all parties shall submit all documents that will be introduced
into evidence at the hearing to the other party and the Hearing Officer.
(b) All parties shall have an opportunity to present
evidence in the form of testimony and written documentation. The Hearing
Officer shall determine the order of presentation of evidence.
(c) The Texas Rules of Evidence shall apply. When necessary
to ascertain facts not reasonably susceptible of proof under these
rules, evidence not admissible thereunder may be admitted, except
where precluded by statute, if it is of a type commonly relied upon
by reasonably prudent persons in the conduct of their affairs.
(d) The Hearing Officer shall give effect to the rules
of privilege recognized by law.
(e) Relevant testimony shall be confined to the subject
of the pending matter. In the event any party at a hearing shall pursue
a line of questioning that is, in the opinion of the Hearing Officer,
irrelevant, incompetent, unduly repetitious, or immaterial, such questioning
shall be terminated.
(f) Relevant staff reports may be admitted as evidence
in any hearing.
(g) Evidence may be stipulated by agreement of all
parties.
(h) Objections may be made and shall be ruled upon
by the Hearing Officer, and any objections and the rulings thereon
shall be noted in the record.
|
| Source Note: The provisions of this §148.47 adopted to be effective September 18, 2011, 36 TexReg 5944; amended to be effective October 27, 2013, 38 TexReg 7315; amended to be effective February 9, 2017, 42 TexReg 480; amended to be effective February 11, 2021, 46 TexReg 937 |
