1. (a) Evidence Generally. The parties are not bound by technical rules of evidence. Evidence will be admitted and given probative effect if it possesses probative value and is relevant as determined by the hearing officer.
2. (b) Exchange of Documentary Evidence. Any documentary evidence to be presented during a telephonic hearing shall be exchanged with all parties with a copy to the Commission in advance of the hearing. Any documentary evidence to be presented at an in-person hearing shall be exchanged at the hearing. A party has the right to review, upon request, any documentary materials submitted to or by the hearing officer.
3. (c) Stipulations. The parties to an appeal, with the consent of the hearing officer, may agree in writing to the facts involved. The hearing officer may decide the appeal based on such stipulation or, in the hearing officer's discretion, may set the appeal for hearing and take such further evidence as is deemed necessary for determining the appeal.
4. (d) Discovery. The hearing officer may order other forms of discovery deemed appropriate.
5. (e) Experts and Evaluations. The hearing officer may order, its own motion or at a party's request and expense, if relevant and useful, an independent expert or a professional evaluation from a source satisfactory to the parties and the Commission.
6. (f) Ex parte communications. Private (ex parte) communications of information, whether oral or written, about the substantive issues of the appeal are allowed only if the substance is shared with all parties to the appeal. The hearing officer will provide all parties with the oral or written information.
7. (g) Confidential information. Statutorily confidential information shall be protected in accordance with state and federal law.

Source Note:The provisions of this §823.14 adopted to be effective May 8, 1998, 23 TexReg 4320.