SECTION 187.59. Evidence

(a) In accordance with the Administrative Procedure Act (APA), §2001.081, the determination of the disciplinary panel may be based not only on evidence admissible under the Texas Rules of Evidence, but may be based on information of a type on which a reasonably prudent person commonly relies in the conduct of the person's affairs, necessary to ascertain facts not reasonably susceptive of proof under those rules, and not precluded by statute.

(b) Questioning of witnesses by the parties or panel members shall be under the control of the chair of the disciplinary panel with due consideration being given to the need to obtain accurate information and prevent the harassment or undue embarrassment of witnesses.

(c) In receiving information on which to base its determination of a continuing threat to the public welfare, the disciplinary panel may accept the testimony of witnesses by telephone.

(d) Documentary evidence must be prefiled with the board 24 hours prior to the scheduled hearing. Admission of documentary evidence after the 24 hours shall be admitted only upon a showing of good cause.

(e) Documentary evidence must be submitted in electronic format in all cases where the Respondent has been provided notice that a panel member will be appearing by phone.

Source Note: The provisions of this §187.59 adopted to be effective November 3, 2002, 27 TexReg 10027; amended to be effective November 7, 2004, 29 TexReg 10113; amended to be effective January 20, 2009, 34 TexReg 340; amended to be effective February 28, 2011, 36 TexReg 1278