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TITLE 40SOCIAL SERVICES AND ASSISTANCE
PART 2DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES
CHAPTER 101ADMINISTRATIVE RULES AND PROCEDURES
SUBCHAPTER EAPPEALS AND HEARING PROCEDURES
DIVISION 2DIVISION FOR BLIND SERVICES AND DIVISION FOR REHABILITATION SERVICES
RULE §101.1013Documentary Evidence and Official Notice

(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.


Source Note: The provisions of this §101.1013 adopted to be effective March 12, 2012, 37 TexReg 1706

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