1. (a) The rules of evidence as applied in nonjury civil cases by the district courts of the state of Texas apply to a hearing under this subchapter.

2. (b) Exceptions: evidence inadmissible under the rules of evidence applied in nonjury civil cases by the district courts of the state of Texas may be admitted:

   1. (1) if it consists of any documents contained in any file of DARS related to the appellant; or

   2. (2) if it is:

      1. (A) necessary to ascertain the facts not reasonably susceptible of proof under those rules;
      2. (B) not precluded by statute; and
      3. (C) of a type on which reasonably prudent persons commonly rely in the conduct of their affairs.
3. (c) Irrelevant, immaterial, or unduly repetitious evidence shall be excluded.

Source Note:The provisions of this §850.76 adopted to be effective March 12, 2012, 37 TexReg 1706; duplicated effective September 1, 2016, as published in the Texas Register September 2, 2016, 41 TexReg 6773.