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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 1GENERAL RULES
RULE §101.933Rules of Evidence

(a) The rules of evidence as applied in nonjury civil cases by the district courts of the state of Texas apply to a hearing under this subchapter.

(b) Exceptions: evidence inadmissible under the rules of evidence applied in nonjury civil cases by the district courts of the state of Texas may be admitted:

  (1) if it consists of any documents contained in any file of DARS related to the appellant; or

  (2) if it is:

    (A) necessary to ascertain the facts not reasonably susceptible of proof under those rules;

    (B) not precluded by statute; and

    (C) of a type on which reasonably prudent persons commonly rely in the conduct of their affairs.

(c) Irrelevant, immaterial, or unduly repetitious evidence shall be excluded.


Source Note: The provisions of this §101.933 adopted to be effective March 12, 2012, 37 TexReg 1706

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