The administrative law judge will treat the Texas Administrative Procedure Act exception under Government Code, §2001.081 (providing for the admission of evidence "not admissible under the Texas Rules of Evidence if of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs"), as identical to Federal Rule of Evidence 807, i.e., the administrative law judge will admit evidence pursuant to this exception only if the administrative law judge finds that:
  (1) although not covered by any of the exceptions listed in Rule 803, Texas Rules of Evidence, the statement has equivalent circumstantial guarantees of trustworthiness to the exceptions listed in the rule;
  (2) the fact the statement is offered to prove is material;
  (3) the statement is more probative on the point for which it is offered than any other evidence that the proponent can procure through reasonable efforts;
  (4) the interests of justice will be served by the statement's admission into evidence; and
  (5) a reasonable time before the hearing, the statement's proponent furnished opposing parties with a copy of the statement and the name and address of the declarant (or information regarding where the statement was published) and of the intent of the statement's proponent to introduce the statement into evidence at the hearing so that opposing parties had a fair opportunity to anticipate the statement and rebut, explain, or contest it.

Source Note: The provisions of this §9.27 adopted to be effective November 13, 1997, 22 TexReg 10951; amended to be effective March 15, 2007, 32 TexReg 1231