Section 26.205 - Hearing Procedures(a) Motions. (1) Motions in all matters, except in SFSP appeals, shall be filed in writing and served on all parties not less than seven (7) calendar days before the hearing, except for good cause shown. If the non-moving party files a response to the motion, the response must be filed no later than five (5) calendar days after receipt of the motion.(2) Unless leave is granted by the ARO, motions in SFSP appeals may be filed up to forty-eight (48) hours prior to the hearing. If the non-moving party files a response to the motion, the response must be filed within forty-eight (48) hours of the receipt of the motion unless that time is extended or shortened by written order of the ARO.(3) Motions shall set forth the specific grounds for which the moving party seeks the relief requested and shall make reference to all similar motions filed in the proceeding. The ARO shall rule on the motion in a timely fashion; however, the ARO may defer ruling on a motion until issuance of a final order.(b) Rules of court. The formal rules of court shall not apply unless necessary for efficient conduct of the hearing.(c) Evidence. (1) The parties are not bound by the Rules of Evidence but shall be allowed to make lawful and pertinent objections to proffered evidence or testimony. Evidence will be admitted and given probative effect if it possesses probative value and is relevant as determined by the ARO. The ARO may limit the testimony of witnesses, or the introduction of documentary evidence, to those matters deemed probative and relevant.(2) Service of documents on a party shall be made in accordance with § 26.204 of this subchapter (relating to Filing of Documents).4 Tex. Admin. Code § 26.205
Adopted by Texas Register, Volume 47, Number 46, November 18, 2022, TexReg 7660, eff. 11/27/2022