| (a) On the written request of any party, the executive
director may issue a commission for a deposition or a subpoena to
require the attendance of witnesses or the production of tangible
items in a contested case.
(b) If the commission or subpoena is for a witness
to attend a deposition or a hearing, the written request shall contain
the name and address of the witness and the date and location where
the witness must appear.
(c) If the subpoena is for the production of tangible
items, the written request shall contain a description of the items,
the name and address of the person who has custody of the items, and
the date and location where they must be produced.
(d) Each subpoena request shall contain a statement
why it should be issued.
(e) The executive director shall issue a subpoena if
there is good cause.
(f) The executive director, with the Enforcement Committee's
approval, may issue a commission or subpoena before filing a formal
complaint if it is necessary to preserve evidence and testimony or
to investigate any potential violations of the law or Board rules.
(g) A witness who is not a party and who is subpoenaed
to appear at a deposition or hearing is entitled to reimbursement
for expenses in accordance with Texas Government Code §2001.103,
or the State of Texas Travel Allowance Guide, whichever is greater.
(h) A party requesting a commission or subpoena shall
deposit funds with the Boards sufficient to cover the anticipated
expenses for complying with the subpoena.
(i) The executive director may not issue a party's
subpoena or commission until sufficient funds are deposited.
(j) A witness shall be reimbursed if the witness submits
valid receipts.
(k) The Board shall return all unused funds to the
party who deposited them.
|
