- (a) Form of exhibits. Exhibits of documentary character shall be of a size which will not unduly encumber the files and records of the board and whenever practicable, shall conform to the requirements of §67.27 of this title (relating to Form and Content of Pleadings). There shall be a brief statement on the first sheet of the exhibit as to what the exhibit purports to show. Exhibits shall be limited to facts material and relevant to the issues involved in a particular proceeding.
- (b) Tender and service. The original of each exhibit offered shall be tendered to the examiner for identification. One copy shall be furnished to the examiner, and one copy to each party of record or his representative. Written or printed documents received in evidence may not be withdrawn except with the approval of the examiner.
- (c) Excluded exhibits. In the event an exhibit has been identified, objected to, and excluded, the examiner shall determine whether or not the party offering the exhibit withdraws the offer, and if so, permit the return of the exhibit to him. If the excluded exhibit is not withdrawn, it shall be given an exhibit number for identification, shall be endorsed by the examiner with his ruling, and shall be included in the record for the purpose only of preserving the exception.
- (d) Late exhibits. Unless specifically directed by the examiner, no exhibit shall be filed in any proceeding after the conclusion of the hearing, and then only after a copy of the exhibit has been served on all parties.
Source Note:The provisions of this §67.77 adopted to be effective March 19, 1986, 11 TexReg 1149.