SECTION 357.494. Evidence

(a) The provisions of Texas Government Code §§2001.081-2001.086 shall govern the admission or exclusion of evidence.

(b) Exclusion of witnesses. At the request of a party, or on the judge's motion, the judge may order witnesses excluded from the hearing so they cannot hear the testimony of other witnesses. This subsection does not authorize exclusion of a party, a party's spouse, or a person who a party shows to be essential to the presentation of its case.

(c) Stipulations. Subject to the judge's approval, the parties may stipulate to any factual, legal, or procedural matters, subject to the following requirements:

(1) The parties must state in a written motion any agreements that would modify a schedule or procedure previously ordered by the judge.

(2) The parties may file a stipulation in writing or enter it on the record. The judge may require additional development or clarification of a stipulation.

(3) The judge may choose not to enforce an agreement between the parties either for good cause, or if the agreement is not in writing, signed, and filed with the judge, or entered on the record.

Source Note: The provisions of this §357.494 adopted to be effective June 20, 2007, 32 TexReg 3544