(a) Definitions. The following words and terms, as
used in this chapter, shall have the following meanings, unless the
context clearly indicates otherwise:
(1) Evidence - Testimony or documents, including books,
papers, and tangible things.
(2) Service - Delivery of a subpoena by an authorized
individual to the person to whom it is addressed.
(3) Subpoena - A division order issued by the administrative
law judge requiring a person to attend or to produce evidence at a
deposition (deposition subpoena) or at a hearing (hearing subpoena).
(b) How issued. The division may issue a subpoena:
(1) on its own motion; or
(2) at the request of a party, if the administrative
law judge determines the party has a good cause.
(c) Request for subpoena. A party may request a subpoena
in the following manner:
(1) If the requester is a carrier, carrier representative,
claimant represented by an attorney, or claimant assisted by OIEC,
the request shall:
(A) be in writing;
(B) identify the evidence to be produced, and explain
why it is relevant to a disputed issue;
(C) state whether the subpoena is for a deposition
or a hearing;
(D) be sent to the division; and
(E) be delivered to all parties, as provided by §142.4
of this chapter (relating to Delivery of Copies to All Parties).
(2) A claimant who is neither represented by an attorney
nor assisted by OIEC may request a subpoena by contacting the division
in any manner, and may also request the division to arrange for service,
if service will be at no cost to the division.
(d) Special provisions for hearing subpoenas. A request
for a hearing subpoena shall be sent to the division and delivered
to the parties, as provided by §142.4 of this chapter (relating
to Delivery of Copies to All Parties), no later than 10 days before
the hearing. The administrative law judge may deny a request for a
hearing subpoena upon a determination that the testimony may be adequately
obtained by deposition or written affidavit.
(e) Service. Upon granting a request and issuing a
subpoena, the administrative law judge shall:
(1) return it to the requester for service, according
to §176.5, Texas Rules of Civil Procedure; or
(2) send it to the appropriate sheriff or constable,
or any person who is not a party and is 18 years of age or older for
service, if a claimant who is neither represented by an attorney nor
assisted by OIEC has requested the division to arrange for service,
as provided by subsection (c)(2) of this section.
(f) Costs.
(1) Except as provided by subsection (c)(2) of this
section, the party requesting the subpoena is responsible for all
costs associated with the subpoena, including service, witness fees,
and mileage.
(2) A witness or deponent who is not a party and who
is subpoenaed or otherwise compelled to attend a hearing or deposition
to give testimony or produce documents is entitled to receive from
the party requesting the subpoena:
(A) a fee of $30 a day for each day or part of a day
the person is necessarily present as a witness or deponent;
(B) mileage at the rate set for state employees in
the General Appropriations Act, for going to and returning from the
place of the hearing or the place of the deposition, if the place
is more than 25 miles from the person's place of residence; and
(C) fees for providing expert testimony relating to
medical issues shall be paid according to guidelines established by
the division pursuant to the Texas Labor Code, Chapter 413.
(g) A subpoena may be enforced in the manner provided
by the Government Code §2001.201 and the Texas Labor Code.
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Source Note: The provisions of this §142.12 adopted to be effective February 12, 1991, 16 TexReg 463; amended to be effective May 10, 2000, 25 TexReg 3990; amended to be effective January 7, 2019, 44 TexReg 108 |