(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.
(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) if it consists of any documents contained in any file of DARS related to the appellant; or
  (2) if it is:
    (A) necessary to ascertain the facts not reasonably susceptible of proof under those rules;
    (B) not precluded by statute; and
    (C) of a type on which reasonably prudent persons commonly rely in the conduct of their affairs.
(c) Irrelevant, immaterial, or unduly repetitious evidence shall be excluded.

Source Note: The provisions of this §101.933 adopted to be effective March 12, 2012, 37 TexReg 1706