1. (a) Rules of evidence in general. Except as provided in §148.18(a) of this title (relating to Parties' Rights in Hearings), the rules of evidence as applied in non jury civil cases in the district courts of this state shall be followed. Irrelevant, immaterial or unduly repetitious evidence is excluded. When necessary to determine facts not reasonably susceptible of proof under those rules, evidence not admissible under those rules may be admitted. This is true except when precluded by statute, if the evidence is of a type commonly relied upon by reasonably prudent individuals in the conduct of their affairs.
2. (b) Rules of privilege. The rules of privilege recognized by law are in effect.
3. (c) Objections to evidentiary offers. Objection to evidentiary offers may be made and must be noted in the record.
4. (d) Written evidence. Subject to these requirements, any part of the evidence may be received in written form if a hearing is to be expedited and if the parties' interests will not be substantially prejudiced.
5. (e) Prepared testimony. The prepared testimony of a witness upon direct examination, either in narrative or in question and answer form, may be incorporated in the record if read or received as an exhibit after the witness has been sworn and has identified that the prepared testimony is as true and accurate as his oral testimony would be. The witness is subject to clarifying questions and to cross-examination. The prepared testimony is subject to a motion to strike either in whole or part.
6. (f) Documentary evidence. Documentary evidence may be received in the form of copies or excerpts if the original is not readily available.
7. (g) Official notice may be taken of all facts judicially cognizable. In addition, notice may be taken of generally recognized facts within the area of the commission's specialized knowledge. Parties shall be notified either before or during the hearing, or by reference in preliminary reports or otherwise, of the material officially noticed, including any staff memoranda or data. Parties must be given an opportunity to contest the material so noticed. The special skills and knowledge of the commission and the commission staff may be used in evaluating the evidence.
8. (h) Burden of proof. The burden of proof rests with the commission except where the controlling statute or rule specifies otherwise. Exceptions include, but are not limited to, hearings conducted pursuant to the Act, §413.031, when the burden of proof rests with the party seeking relief; hearings conducted pursuant to the Act, §407.046, when the burden of proof rests with the certified self-insurer; and issues concerning whether an employer has timely filed a report of injury with an insurance carrier, pursuant to §120.2 of this title (relating to Employer's Report of Injury) when the burden of proof of showing timely filing or good cause when a timely filing has not been made rests with the employer.
9. (i) Proof. Proof required to prevail at a contested case hearing shall be by a preponderance of the evidence.
10. (j) Record of commission's Medical Review Division in a review of a medical fee or a medical service. If a decision of the commission's medical review division in a review of a medical fee or a medical service under the Act, §413.031, has been set for a contested case hearing before SOAH, then the commission's representative will file a copy of the certified record of the medical fee or service review by the division with all other parties and with SOAH, no later than 15 days before the hearing date unless a different time period is specified by the hearing officer. A certified copy of the record of the medical service review by the division, including the decision of the division, shall be admitted as evidence in the contested case, if offered, unless any objecting party ensures that all other parties and SOAH receives a written notice, at least five working days prior to the hearing date, of the objection and the legal basis for such objection. If a written notice of objection is filed, the hearing officer shall consider any request for a pre-hearing conference to rule on admissibility issues and any request for a continuance of the hearing, if properly filed in accordance with SOAH procedures.

Source Note:The provisions of this §148.21 adopted to be effective December 4, 1995, 20 TexReg 9706.