| (a) Upon the written request of any party, the executive director
may issue a subpoena to require the attendance of witnesses or the production
of books, records, papers, or other objects as may be necessary and proper
for the purposes of the proceedings.
(b) If the subpoena is for the attendance of a witness, the
written request shall contain the name, address, and title, if any, of the
witness and the date upon which and the location at which the attendance of
the witness is sought. If the subpoena is for the production of books, records,
writings, or other tangible items, the written request shall contain a description
of the item sought; the name, address, and title, if any, of the person or
entity who has custody or control over the items and the date on which and
the location at which the items are sought to be produced. Each request, whether
for a witness or for production of items, shall contain a statement of the
reasons why the subpoena should be issued.
(c) Upon a finding that a party has shown good cause for the
issuance of the subpoena, the executive director shall issue the subpoena
in the form described in Texas Government Code §2001.089.
(d) Notwithstanding any other provisions of these sections,
the executive director may issue a subpoena prior to the filing of formal
charges under §213.15 of this title (relating to Commencement of Disciplinary
Proceedings), if, in the opinion of the executive director, such a subpoena
is necessary to preserve evidence and testimony to investigate any potential
violation or lack of compliance with the NPA, the rules and regulations, or
orders of the Board. The subpoena may be to compel the attendance of any person
to appear for the purposes of giving sworn testimony and/or to compel the
production of books, records, papers, or other objects.
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