| (iii) all parties receive a copy of the testimony at least ten days before its submission at the hearing. (B) written testimony shall be subject to objection and may be stricken by the ALJ. The witness shall be subject to cross-examination. (5) Prior testimony. Testimony and evidence presented in the hearing to determine standing have the same weight at the hearing on the merits if a tape recording or written transcript of the standing hearing is available. (6) Non-party witness and mileage fees. (A) A witness or deponent who is not a party (or an employee, agent, or representative of a party) and who is subpoenaed or otherwise compelled to attend an agency hearing or a proceeding to give a deposition, or to produce books, records, papers, accounts, documents, or other objects necessary and proper for the purposes of the hearing or proceeding may receive reimbursement for transportation and other costs at rates established by the current Appropriations Act for state employees. (B) The person requesting the attendance of the witness or deponent must deposit with the agency the funds estimated to accrue in accordance with subparagraph (A) of this paragraph when filing a motion for the issuance of a subpoena or a commission to take a deposition. (7) Service. A return of service by the person who performed personal service, postal return receipt, or proof of mailing to the last known address shall be conclusive evidence of service. |
| Source Note: The provisions of this §289.205 adopted to be effective April 11, 1999, 24 TexReg 2668; amended to be effective December 28, 2003, 28 TexReg 11285; amended to be effective December 27, 2007, 32 TexReg 9633 |
