(a) Documentary evidence may be received in the form
of copies or excerpts, upon a showing that the original is not readily
available. On request, however, Parties shall be given an opportunity
to compare the copy with the original.
(b) When a large number of similar documents are offered,
the Examiner may limit those admitted to a number which are typical
and representative, and may, in his discretion, require a summarization
of the relevant data from the documents and the presentation of the
summary in the form of an exhibit; however, before making this requirement,
the Examiner shall see that all Parties of record or their Authorized
Representatives are given a reasonable opportunity to examine the
documents from which the summaries are made.
(c) Documents containing confidential medical or psychiatric
records or health information or sensitive data as defined by Texas
Rules of Civil Procedure 21c(a) may, upon proper and timely motion,
be placed under seal and access limited to the Parties, the Examiner,
the Executive Director, his/her staff and the Board or its designee
in accordance with applicable law. In Proceedings involving allegations
of misrepresentation, improper failure to disclose or other misconduct
by the Appellant, the interests of the plans and programs administered
by the Board shall be considered in ruling on a motion to seal records,
and the Examiner's Order on the motion shall be subject to review
by the Board or its designee. Nothing in this section shall be construed
as limiting ERS' discretion to share evidence of criminal misconduct
with any appropriate law enforcement authority or to otherwise disclose
or use the confidential information as authorized by law. The requirements
of Texas Rule of Civil Procedure 76a shall not be applicable in ERS
Proceedings.
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Source Note: The provisions of this §67.73 adopted to be March 19, 1986, 11 TexReg 1149; amended to be effective January 10, 1999, 24 TexReg 165; amended to be effective September 14, 2006, 31 TexReg 7359; amended to be effective December 24, 2015, 40 TexReg 9302 |