| (a) All requests for hearing in which the Texas Education
Agency (the agency) is a petitioner or respondent shall be heard by
the State Office of Administrative Hearings (SOAH).
(b) In hearings in which the agency is not the petitioner,
petitions for review or requests for hearing shall be filed with the
commissioner within 30 calendar days after the decision, order, or
ruling complained of is first communicated to the petitioner, except
as otherwise provided by law or agency rule.
(c) The agency's division responsible for hearings
and appeals shall transmit the petition for review or request for
hearing and a request to docket the hearing to SOAH.
(d) The agency administrative law judge may issue subpoenas
if the requirements of Texas Government Code, §2001.089, are
met. To obtain a subpoena, the moving party shall meet the following
requirements.
(1) The motion shall set forth good cause for the issuance
of the subpoena. The statement of good cause must be more than a conclusory
statement that the witness' testimony is reasonably calculated to
lead to the discovery of admissible evidence. The statement should
specify how the requested testimony is likely to lead to admissible
evidence concerning a particular issue in the case, including a statement
of the operative facts.
(2) The motion shall contain a statement that counsel
or the party, if not represented by counsel, has dedicated funds sufficient
to pay a witness or deponent who is not a party to the case, the amount
required under Texas Government Code, §2001.103, and will tender
that amount to the witness or deponent no later than immediately following
testimony or when the witness or deponent is released.
(3) If a party requests a witness to bring documents
or objects, the motion should specifically identify the documents
or objects and specify the good cause for each document or object.
(4) Motions to quash subpoenas must be filed with the
SOAH.
(e) In cases where discovery is appropriate, the agency
administrative law judge may issue a commission for deposition in
accordance with Texas Government Code, §2001.094.
(1) The commission for deposition allows the court
reporter to issue subpoenas necessary to require that witnesses appear
and produce books, records, papers, or other objects necessary and
proper for the purposes of the proceeding.
(2) To obtain a commission for deposition, the party
shall file a motion that sets forth good cause for obtaining a commission
for deposition. The statement of good cause must be more than a conclusory
statement that such discovery is reasonably calculated to lead to
the discovery of admissible evidence. The statement should set forth
a statement of the operative facts.
(3) The motion shall contain a statement that counsel
or the party, if not represented by counsel, has dedicated funds sufficient
to pay a deponent, who is not a party to the case, the amount required
under Texas Government Code, §2001.103, and will tender that
amount to the witness or deponent no later than immediately following
testimony or when the witness or deponent is released.
(4) If a party requests a witness to bring documents
or objects, the motion should specifically identify the documents
or objects and specify the good cause for each document or object.
The motion should also identify the time and place for the deposition.
(5) Motions to quash depositions must be filed with
the SOAH.
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