| (a) The CRD director shall have the authority to sign
and issue a subpoena to compel the attendance of necessary witnesses
for examination or testimony under oath or affirmation, and to compel
the production of records, documents, and other evidence relevant
to the investigation of alleged violations of Texas Labor Code, Chapter
21, for inspection and copying. Neither the complainant nor the respondent
shall have the right to demand that a subpoena be issued.
(b) A person served with a subpoena issued by the CRD
director who does not intend to comply may petition CRD in writing
to revoke or modify the subpoena within five working days after receipt
of the subpoena. Such petition shall identify separately each portion
of the subpoena with which the petitioner does not intend to comply,
and for each portion shall state the grounds upon which the petitioner
relies. A copy of the subpoena shall be attached to the petition.
The CRD director shall review the petition and make a final determination
on revoking or modifying the subpoena. CRD shall provide a copy of
the final determination on the petition to the petitioner by mail,
or electronic communication upon agreement of the petitioner.
(c) If a person fails to comply with a subpoena, CRD
may apply to the district court of the county in which the person
is found, resides, or transacts business for an order directing compliance
pursuant to Texas Labor Code §21.306(b).
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