(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) Texas Human Resources Code, Chapters 81 and 82;
(2) Texas Occupations Code, Chapter 53;
(3) Texas Administrative Code, Title 40, Part 2, Chapter
109, Office for Deaf and Hard of Hearing Services, Division for Rehabilitation
Services, Department of Assistive and Rehabilitative Services; and
(4) where applicable, Texas Government Code, Chapter
57.
(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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