Texas Administrative Code (Last Updated: March 27,2024) |
TITLE 40. SOCIAL SERVICES AND ASSISTANCE |
PART 2. DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES |
CHAPTER 101. ADMINISTRATIVE RULES AND PROCEDURES |
SUBCHAPTER E. APPEALS AND HEARING PROCEDURES |
DIVISION 1. GENERAL RULES |
SECTION 101.933. Rules of Evidence
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(a) The rules of evidence as applied in nonjury civil cases by the district courts of the state of Texas apply to a hearing under this subchapter. (b) Exceptions: evidence inadmissible under the rules of evidence applied in nonjury civil cases by the district courts of the state of Texas may be admitted: (1) if it consists of any documents contained in any file of DARS related to the appellant; or (2) if it is: (A) necessary to ascertain the facts not reasonably susceptible of proof under those rules; (B) not precluded by statute; and (C) of a type on which reasonably prudent persons commonly rely in the conduct of their affairs. (c) Irrelevant, immaterial, or unduly repetitious evidence shall be excluded. Source Note: The provisions of this §101.933 adopted to be effective March 12, 2012, 37 TexReg 1706