(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.;
(2) Department of Education regulations, 34 C.F.R.
Parts 361, 363, 364, 365, and 367;
(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.
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