| (a) The deposition of any witness may be taken upon a commission
issued by the executive director upon the written request of any party, a
copy of which shall be served on the non-requesting party.
(b) The written request shall contain the name, address, and
title, if any, of the witness; a description of the books, records, writings,
or other tangible items the requesting party wishes the witness to produce
at the deposition; the date and location where the requesting party wishes
the deposition to be taken; and a statement of the reasons why the deposition
should be taken and the items produced.
(c) Depositions may be taken by telephone and by non-stenographic
recording. The recording or transcript thereof may be used by any party to
the same extent as a stenographic deposition, provided all other parties are
supplied with a copy of the recording and the transcript to be used. The witness
in a telephonic or non-stenographic deposition may be sworn by any notary.
The transcript of such deposition shall be submitted to the witness for signature
in accordance with Texas Government Code Annotated §2001.099.
(d) Not withstanding any other provisions of these sections,
the executive director may issue a commission to take a deposition prior to
the filing of charges under §213.15 of this title (relating to Commencement
of Disciplinary Proceedings) if, in the opinion of the executive director,
such a commission is necessary for either party to preserve evidence and testimony
or to investigate any potential violation or lack of compliance with the Act,
the rules and regulations, or orders of the Board. The commission may be to
compel the attendance of any person to appear for the purposes of giving sworn
testimony and to compel the production of books, records, papers or other
objects.
(e) A deposition in a contested case shall be taken in the
county where the witness:
(1) resides;
(2) is employed; or
(3) regularly transacts business in person.
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