Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 1 - GENERAL PROCEDURES › Subchapter A - GENERAL RULES OF PRACTICE › Section 1.20 - Rules of Evidence

Current through Reg. 49, No. 28; July 12,
				  2024
In addition to any other rules of evidence provided for in
					 the APA, Subchapter D, the following rules will apply to proceedings before the
					 department.
(1) General rules. The
				  rules of evidence as applied in nonjury civil cases in the district courts of
				  this state shall be followed. Irrelevant, immaterial, or unduly repetitious
				  evidence may be excluded. When necessary to ascertain facts not reasonably
				  susceptible to proof under those rules, evidence not admissible under them may
				  be admitted (except where precluded by statute) if it is of a type commonly
				  relied upon by reasonably prudent people in the conduct of their affairs. The
				  rules of privilege recognized by law shall be effective in department
				  proceedings. Objections to evidentiary offers may be made and shall be noted in
				  the record. No evidence shall be admissible in a proceeding if it is beyond the
				  scope of the notice or amended pleadings of such proceeding.
(2) Representative documents. When a large
				  number of similar documents is offered, the administrative law judge may limit
				  those admitted to a number which are typical and representative, and may
				  require the abstracting of the relevant data from the documents and the
				  presentation of the abstracts in the form of an exhibit; however, before making
				  this requirement, the administrative law judge shall see that all parties of
				  record or their representatives are given an opportunity to examine the
				  documents from which the abstracts are made.
(3) Prepared testimony. The prepared
				  testimony of a witness upon direct examination may be incorporated in the
				  record as if read or received as an exhibit, upon the witness' being sworn and
				  identifying same. Copies of the testimony shall be given to all parties to the
				  proceeding. The witness identifying the testimony shall be subject to
				  cross-examination, and the testimony shall be subject to a motion to strike in
				  whole or in part.
(4) Offer of
				  proof. When testimony is excluded by ruling of the administrative law judge,
				  the party offering such testimony shall be permitted to make an offer of proof
				  by dictating it into the record or submitting the substance of the proposed
				  testimony in writing, prior to the conclusion of the hearing, and such offer of
				  proof shall be sufficient to preserve the point. The administrative law judge
				  may ask such questions of the witness as he or she deems necessary to satisfy
				  himself or herself that the witness would testify as represented in the offer
				  of proof. An alleged error in sustaining an objection to questions asked on
				  cross-examination may be preserved without making an offer of proof.
(5) Uncontested proceedings. In any
				  uncontested proceeding, the administrative law judge shall receive, without
				  regard to the rules of evidence, any evidence of a form and character which
				  would ordinarily be relied upon by prudent people in the conduct of their
				  affairs (unless precluded by statute), including, without limitation,
				  affidavits, documents, and other forms of hearsay testimony determined by the
				  administrative law judge to be relevant.
(6) Official notice. The administrative law
				  judge may take official notice of judicially cognizable facts and of generally
				  recognized facts within an area of the department's specialized knowledge or
				  expertise, and the special skills or knowledge of the department and its staff
				  may be utilized in evaluating the evidence. Parties shall be notified of the
				  material noticed, including any staff memoranda or data, and shall be afforded
				  an opportunity to contest the material so noticed.
(7) Exclusion of witnesses.
(A) Upon request by any party, the
				  administrative law judge shall exclude witnesses other than parties from the
				  hearing room, except when testifying.
(B) The administrative law judge may order
				  the witnesses, parties, attorneys, and all other persons present in the hearing
				  room not to disclose to any witness excluded under this section the nature,
				  substance, or purpose of testimony, exhibits, or other evidence introduced
				  during the witness' absence.
(C) A
				  party that is not a natural person may designate an individual to remain in the
				  hearings room, even though the individual may be a witness.