(a) The Texas Rules of Evidence, as applied in non-jury cases in the courts of Texas, apply in contested cases under this subchapter. The administrative law judge shall exclude irrelevant, immaterial, or unduly repetitious evidence. When necessary to ascertain facts not reasonably susceptible of proof under those rules, the administrative law judge may admit evidence not admissible under those rules, except where precluded by law, if of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs. Letters and affidavits are not admissible into evidence in contested case hearings unless they satisfy an exception to the hearsay rule or come into evidence without objection.
(b) In cases arising under Occupations Code, Chapter 53 (related to consequences of criminal conviction), letters of recommendation will be considered by a finance agency if submitted during the investigative stage of the licensing proceeding but will not be admitted into evidence at the hearing unless the letter satisfies an exception to the hearsay rule or comes into evidence without objection. A party must arrange to have all character witnesses give testimony in person or, with advance notice to opposing counsel, by phone pursuant to and in accordance with §9.32 of this title (relating to Telephone Hearings).

Source Note: The provisions of this §9.26 adopted to be effective November 13, 1997, 22 TexReg 10951; amended to be effective November 8, 2007, 32 TexReg 7895; amended to be effective August 28, 2008, 33 TexReg 6808