1. (a) APA. Consistent with the APA, the rules of evidence as applied in a non-jury civil case in district court govern contested case hearings conducted by the Office, except that evidence inadmissible under those rules may be admitted if it meets the standards set out in APA §2001.081.
2. (b) Exclusion of witnesses. At the request of a party, or on the ALJ's own motion, the ALJ shall order witnesses excluded from the hearing room so they cannot hear the testimony of other witnesses, instructing them not to converse about the case with each other or any person other than the attorneys in the proceeding, except by permission of the judge, and not to read any report of, or comment upon, the testimony in the case while under order of this subsection. This does not authorize exclusion of a party who is a natural person or the spouse of such natural person, or an officer or employee of a party that is not a natural person designated as its representative by the party, or a person whose presence is shown by a party to be essential to the presentation of its case.
3. (c) Prefiled testimony. The ALJ may require that exhibits and testimony of witnesses to be called at hearing be reduced to written form, filed at the Office prior to hearing, and served on other parties, if the hearing will be expedited and the interests of the parties will not be substantially prejudiced.

4. (d) Exhibits.

   1. (1) Exhibits offered into evidence may not be of such a size or nature that they unduly encumber the records of the Office. Physical evidence that is bulky, dangerous, perishable, or otherwise not suitable for inclusion in agency records shall not be offered into the record; instead, proponents shall make reasonable efforts to use photographs, recordings, or other mechanical or electronic means to substitute for physical evidence that would encumber the Office's records.
   2. (2) Documents offered into evidence shall be legible, and shall not exceed 8 1/2 inches by 11 inches unless good cause is shown why they could not be reduced. Any document in excess of 50 pages shall be accompanied by a table of contents or index. Maps, drawings, blueprints, and other documents not reasonably susceptible to reduction shall be rolled or folded so as not to encumber the record. The ALJ may exclude exhibits not conforming to this subsection.
   3. (3) Each exhibit to be offered shall first be tendered for numbering by the ALJ or court reporter. Copies of the original exhibit shall be furnished by the party offering the exhibit to the presiding ALJ and to each party present at the hearing, unless otherwise ordered by the ALJ.
   4. (4) An exhibit excluded from evidence will be considered withdrawn by the offering party, and will be returned to the party, unless the party makes an offer of proof in accordance with the TRCE.

Source Note:The provisions of this §155.51 adopted to be effective January 2, 1998, 22 TexReg 12719.