SECTION 850.82. Documentary Evidence and Official Notice

(a) Documentary evidence may be received in the form of copies or excerpts if the original is not readily available. On request, parties shall be given an opportunity to compare the original and the copy or excerpt.

(b) When numerous similar documents that are otherwise admissible are offered into evidence, the IHO may limit the documents received to those that are typical and representative. The IHO may also require that an abstract of relevant data from the documents be presented in the form of an exhibit, provided that all parties are given the right to examine the documents from which such abstracts were made.

(c) The following laws, rules, regulations, and policies are officially noticed:

(1) The Rehabilitation Act of 1973, as amended, 29 United States Code §701, et seq. ;

(2) United States Department of Education regulations, 34 Code of Federal Regulations Parts 361 and 367;

(3) The Agency's State Plan for Vocational Rehabilitation Services;

(4) The Agency's Vocational Rehabilitation and Independent Living for Older Individuals Who Are Blind policy manuals; and

(5) Texas Administrative Code, Title 40, Part 20, Texas Workforce Commission.

(d) Official notice also may be taken of:

(1) all facts that are judicially cognizable; and

(2) generally recognized facts within the area of the Agency's specialized knowledge.

Source Note: The provisions of this §850.82 adopted to be effective May 13, 2019, 44 TexReg 2364; amended to be effective December 26, 2022, 47 TexReg 8738