Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 730 - LEGAL SERVICES › Subchapter R - ADMINISTRATIVE PROCEDURE AND TEXAS REGISTER ACT (APTRA) HEARINGS › Section 730.1714 - Evidence and Depositions

Current through Reg. 49, No. 28; July 12, 2024
(a) Rules of
				  evidence.
(1) Irrelevant, immaterial, or
				  unduly repetitious evidence is excluded. The rules of evidence, as applied in
				  nonjury civil cases in the district courts of the state, must be followed. When
				  necessary to determine facts not reasonably susceptible of proof under those
				  rules, evidence not admissible under those rules may be admitted. This is true
				  except when precluded by statute, if it is of a type commonly relied upon by
				  reasonably prudent individuals in the conduct of their affairs. The rules of
				  privilege recognized by law are in effect. Objections to evidentiary offers may
				  be made and must be noted in the record. Subject to these requirements, any
				  part of the evidence may be received in written form if a hearing is to be
				  expedited and if the parties' interest will not be substantially prejudiced.
				  The prepared testimony of a witness upon direct examination, either in
				  narrative or question and answer form, may be incorporated in the record as if
				  read or received as an exhibit after the witness has been sworn and has
				  identified that the prepared testimony is as true and accurate as his oral
				  testimony would be. The witness is subject to clarifying questions and to
				  cross-examination. The prepared testimony is subject to a motion to strike
				  either in whole or in part.
(2)
				  Documentary evidence may be received in the form of copies or excerpts if the
				  original is not readily available. On request, parties can compare the copy
				  with the original.
(3) Official
				  notice may be taken of all facts judicially known. In addition, notice may be
				  taken of generally recognized facts within the area of the department's
				  specialized knowledge. Parties must be notified either before or during the
				  hearing, or by reference in preliminary reports or otherwise, of the material
				  officially noticed, including any staff memoranda or data. Parties must be
				  given an opportunity to contest the material so noticed. The special skills or
				  knowledge of the department and its staff may be used in evaluating the
				  evidence.
(4) The PRS or any other
				  party to an administrative hearing may apply for permission to obtain the
				  testimony of a witness by telephone when it is impossible or impractical to
				  obtain the physical presence of a witness in the hearing room due to the
				  witness's age, illness, custodial restrictions, or residence more than 100
				  miles from the site of the hearing.
(A)
				  Application. Application for permission to secure testimony by telephone must
				  be made to the presiding administrative law judge. Other parties must be
				  notified of the application at least 10 days prior to the date of the
				  administrative hearing. The application must state the reasons for the request.
				  If the presiding administrative law judge finds that good cause exists to
				  permit testimony to be obtained by telephone, he must grant the application and
				  immediately advise the parties. The administrative law judge must rule on the
				  application at least five days prior to the administrative hearing.
(B) Testimony. If testimony by telephone is
				  allowed, the hearing room must be equipped with a speaker phone or other
				  telephone equipment which will allow all parties, including the administrative
				  law judge and the court reporter, to hear the statements of the witness
				  simultaneously and will also allow the witness to hear all parties and the
				  administrative law judge. The witness must be sworn and his testimony taken as
				  if he were physically present at the hearing.