|(a) Upon 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 books, records,
papers, or other objects as may be necessary and proper in a contested
case hearing held under this chapter.
(b) If the commission or subpoena is for the attendance
of a witness at a deposition or at a hearing, 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 individual 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 for a subpoena, 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 a subpoena, the executive director shall issue
the subpoena in the form described in the APA, §2001.089.
(d) The executive director, with the approval of the
Enforcement Committee, may issue a commission or subpoena prior to
the filing of a formal complaint under §78.8(d) of this title
(relating to Rules of Practice), if, in the opinion of the executive
director, such a commission or subpoena is necessary to preserve evidence
and testimony or to investigate any potential violation or lack of
compliance with the law or board rules or orders. The commission or
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.
(e) A witness who is not a party to the proceeding
and who is subpoenaed to appear at a deposition or hearing or to produce
books, papers, or other objects, shall be entitled to receive reimbursement
for expenses incurred in complying with the commission or subpoena,
as provided by either the APA, §2001.103, or the State of Texas
Travel Allowance Guide for state employees issued by the comptroller
of public accounts, whichever is greater.
(f) At the time, a party, other than the board, requests
that a commission or subpoena be issued, the party shall submit to
the board an amount of money sufficient to cover the amount of anticipated
expenses incurred in complying with the subpoena, as determined by
the executive director. No subpoena or commission will be issued until
such funds are deposited. The board shall pay a witness or deponent
who is entitled to reimbursement under this section from the funds
deposited by the party or from its own funds if the person is subpoenaed
by the board, on presentation of proper vouchers sworn by the witness
and approved by the board. All monies not paid out shall be returned
to the party who submitted the funds for deposit.
(g) Payment of expenses under this section is governed
by the APA, §2001.103.
|Source Note: The provisions of this §81.7 adopted to be effective January 29, 2015, 40 TexReg 380; transferred effective November 1, 2018, as published in the Texas Register October 19, 2018, 43 TexReg 6963