SECTION 67.69. Rules of Evidence

(a) 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 shall be excluded. When necessary to ascertain facts not reasonably susceptible of proof under those rules, evidence not admissible under them may be admitted (except where precluded by statute or this chapter) if it is of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs.

(b) Opinion evidence of a medical condition or cause must be based on reasonable medical probability and supported by objective medical evidence. Subjective complaints of pain or other symptoms that are uncorroborated by objective medical evidence may not support a finding of fact relating to an allegation concerning a medical condition, disability, cause of incapacity for the further performance of duty or other medical issues.

(c) The rules of privilege recognized by law shall be effective in Proceedings. Objections to evidentiary offers may be made and shall be noted in the administrative record. No evidence will be admissible in a Proceeding if it is beyond the scope of the issues in the Proceeding.

Source Note: The provisions of this §67.69 adopted to be effective March 19, 1986, 11 TexReg 1149; amended to be effective January 10, 1999, 24 TexReg 165; amended to be effective September 14, 2006, 31 TexReg 7359