| (a) Motions.
(1) Motions in all matters, except in SFSP appeals,
shall be filed in writing and served on all parties not less than
seven (7) calendar days before the hearing, except for good cause
shown. If the non-moving party files a response to the motion, the
response must be filed no later than five (5) calendar days after
receipt of the motion.
(2) Unless leave is granted by the review official,
motions in SFSP appeals may be filed up to forty-eight (48) hours
prior to the hearing. If the non-moving party files a response to
the motion, the response must be filed within forty-eight (48) hours
of the receipt of the motion unless that time is extended or shortened
by written order of the review official.
(3) Motions shall set forth the specific grounds for
which the moving party seeks the relief requested and shall make reference
to all similar motions filed in the proceeding. The review official
shall rule on the motion in a timely fashion; however, the review
official may defer ruling on a motion until issuance of a final order.
(b) Rules of court. The formal rules of court shall
not apply unless necessary for efficient conduct of the hearing.
(c) Evidence.
(1) The parties are not bound by the Texas Rules of
Evidence but shall be allowed to make lawful and pertinent objections
to proffered evidence or testimony. Evidence will be admitted and
given probative effect if it possesses probative value and is relevant
as determined by the review official. The review official may limit
the testimony of witnesses, or the introduction of documentary evidence,
to those matters deemed probative and relevant.
(2) Service of documents on a party shall be made in
accordance with §26.204 of this subchapter (relating to Filing
of Documents).
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