(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 Agency file 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 individuals commonly rely in the conduct of their affairs.
(c) Irrelevant, immaterial, or unduly repetitious evidence shall be excluded.

Source Note: The provisions of this §850.77 adopted to be effective May 13, 2019, 44 TexReg 2364