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TITLE 1ADMINISTRATION
PART 15TEXAS HEALTH AND HUMAN SERVICES COMMISSION
CHAPTER 357HEARINGS
SUBCHAPTER IHEARINGS UNDER THE ADMINISTRATIVE PROCEDURE ACT
RULE §357.492Discovery and Subpoenas

(a) Parties may begin discovery under the APA and, to the extent not inconsistent with the APA, the Texas Rules of Civil Procedure, immediately after the filing of a request for hearing. The judge may establish deadlines for discovery requests and responses.

(b) For good cause shown, the judge may issue a subpoena at the written request of a party. The party requesting the subpoena is responsible for preparation and service of the subpoena. The judge may prepare the subpoena for a party if an attorney does not represent the party. The subpoena may require the attendance of witnesses and the production of books, records, papers, or other objects that are necessary and proper for the purposes of the proceedings.

(c) If a person fails to comply with a subpoena issued under subsection (b) of this section, the requesting party may bring suit to enforce the subpoena in a district court in Travis County or the county in which the hearing is conducted.


Source Note: The provisions of this §357.492 adopted to be effective June 20, 2007, 32 TexReg 3544

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