(a) General. Evidence shall be admitted in accordance with the APA and the Texas Rules of Civil Evidence.(b) Exclusion of witnesses: (1) Upon request by any party, the administrative law judge may exclude witnesses other than parties from the hearing room, except when testifying.(2) The administrative law judge may order the witness, parties, attorneys and all other persons present in the hearing room not to disclose to any witness excluded under this section the nature, substance, or purpose of testimony, exhibits, or other evidence introduced during the witness' absence.(3) A party that is not a natural person may designate an individual to remain in the hearing room, even though the individual may be a witness.(c) Pre-filed Testimony. Pre-filed written testimony may be received pursuant to, and in accordance with, an order of the administrative law judge.(d) Official Notice. The administrative law judge may take official notice of a fact that is judicially noticeable in accordance with the APA.(e) The administrative law judge may limit testimony or any evidence which is irrelevant, immaterial, or unduly repetitious.(f) When any papers or records in the custody and control of the agency are lost or destroyed, the parties, with the approval of the administrative law judge, may agree in writing on a brief statement of the matter contained therein or any person may at any time supply such lost records or papers as follows: (1) Any person may make a written sworn motion before the administrative law judge stating the loss of destruction of such record or papers, accompanied by certified copies of the original, if obtainable, or by substantially correct copies.(2) If, upon hearing, the administrative law judge is satisfied that they are substantially correct copies of the original, an order will be entered substituting such copies for the missing originals.(3) Such substituted copies will be filed with and constitute a part of the record and have the force and effect of the originals.31 Tex. Admin. Code § 2.18
The provisions of this §2.18 adopted to be effective January 9, 2003, 28 TexReg 479