Sec. 2003.910. SCOPE OF APPEAL; HEARING. (a) An appeal is by trial de novo. The administrative law judge may not admit into evidence the fact of previous action by the appraisal review board, except as otherwise provided by this subchapter.
(b) Chapter 2001 and the Texas Rules of Evidence do not apply to a hearing under this subchapter. Prehearing discovery is limited to the exchange of documents the parties will rely on during the hearing. Any expert witness testimony must be reduced to writing and included in the exchange of documents.
(c) Any relevant evidence is admissible, subject to the imposition of reasonable time limits and the parties' compliance with reasonable procedural requirements imposed by the administrative law judge, including a schedule for the prehearing exchange of documents to be relied on.
(d) An administrative law judge may consider factors such as the hearsay nature of testimony, the qualifications of witnesses, and other restrictions on the admissibility of evidence under the Texas Rules of Evidence in assessing the weight to be given to the evidence admitted.
Added by Acts 2009, 81st Leg., R.S., Ch. 1180 (H.B. 3612), Sec. 1, eff. January 1, 2010.
Structure Texas Statutes
Subtitle A - Administrative Procedure and Practice
Chapter 2003 - State Office of Administrative Hearings
Subchapter Z. Appeals From Appraisal Review Board Determinations
Section 2003.901. Appeals From Appraisal Review Board Determinations
Section 2003.902. Participating Offices and Remote Hearing Sites
Section 2003.904. Applicability to Real and Personal Property
Section 2003.905. Education and Training of Administrative Law Judges
Section 2003.906. Notice of Appeal to Office; Deposit
Section 2003.907. Contents of Notice of Appeal
Section 2003.908. Notice to Property Owners
Section 2003.909. Designation of Administrative Law Judge; Location of Hearing
Section 2003.910. Scope of Appeal; Hearing
Section 2003.911. Representation of Parties
Section 2003.912. Determination of Administrative Law Judge