| (a) General. The Texas Rules of Evidence shall apply
in all contested cases, in accordance with Government Code, Chapter
2001.
(b) Documents in department files. The hearing officer
may take judicial notice of documents or information in the department's
files, in accordance with Government Code, Chapter 2001.
(c) Exhibits. Exhibits shall be limited to facts with
respect to the relevant and material issues involved in a particular
contested case. Documentary exhibits shall not unduly encumber the
record. Where practical, the sheets of each exhibit shall not be more
than 8-1/2 inches by 11 inches in size, and shall be numbered and
labeled. The original and one copy of each exhibit offered shall be
tendered to the reporter or hearing officer for identification, and
a copy shall be furnished to each party. In the event an offered exhibit
has been excluded after objection and the party offering the exhibit
withdraws the offer, the hearing officer shall return the exhibit.
If the excluded exhibit is not withdrawn, it shall be given an exhibit
number for identification and be included in the record only for the
purpose of preserving the exception together with the hearing officer's
ruling.
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| Source Note: The provisions of this §215.44 adopted to be effective February 11, 2010, 35 TexReg 883; amended to be effective March 11, 2014, 39 TexReg 1728; amended to be effective February 13, 2017, 42 TexReg 571 |
