| (a) Any party desiring the issuance of a subpoena to
compel the appearance of a witness or the production of documents
at any hearing shall file a written request with the commissioner
setting forth the name and address of the witness, time and place
of appearance, and any documents or tangible things sought to be produced.
Each request shall contain a statement of the reasons why the subpoena
should be issued.
(b) Upon a finding that a party has shown good cause
for the issuance of the subpoena, the commissioner shall issue the
subpoena as prescribed by Government Code §2001.089. The party
requesting the subpoena shall be responsible for the payment of any
fees or expenses as set out in Government Code §2001.103.
(c) Within ten days after service of the subpoena or,
if the compliance date is less than ten days after service, before
the compliance date stated in the subpoena, the person to whom the
subpoena is directed shall serve upon the commissioner, the ALJ, and
the attorney or party designated in the subpoena, any written objection
to the subpoena, appearance or to the inspection or copying of any
or all of the designated material. The party serving the subpoena
shall have five days to file a written response to the objection.
No oral argument shall be heard on the objection unless the commissioner
or ALJ directs.
|
| Source Note: The provisions of this §93.209 adopted to be effective August 10, 1999, 24 TexReg 6027; amended to be effective July 11, 2010, 35 TexReg 5812; amended to be effective August 5, 2018, 43 TexReg 4965 |
