| (a) Reimbursement of Witness or Deponent. A witness
or deponent who is not a party and who is served with a subpoena or
otherwise compelled to attend any hearing or proceeding to give a
deposition or to produce books, records, papers, or other objects
that are necessary for the proceeding is entitled to receive reimbursement
for travel, meals, lodging, and other amounts as specified and limited
in the Government Code §2001.103.
(b) Reasonable and Necessary Expenses and Service.
The party requesting the subpoena or commission or otherwise compelling
the attendance of a witness at any hearing or proceeding to give a
deposition or produce books, records, papers, or other objects shall
be responsible for the payment, of any expense, incurred in serving
the subpoena, as well as reasonable and necessary expenses incurred
by a nonparty witness who appears in response to the subpoena.
(c) Failure to Pay Expenses. The party requesting the
subpoena or commission or otherwise compelling the attendance of a
witness at any hearing or proceeding to give a deposition or produce
books, records, papers, or other objects shall pay the witness the
amount accrued under this section. Failure to pay the witness the
amount accrued when sought is an administrative violation.
(d) Return of Deposit. After the Chief Clerk of Proceedings
has received, from the party requesting the subpoena or commission
to take deposition, sufficient documentation of all requests by the
witness for payment of witness expenses and sufficient proof of payment
of all amounts due to the non-party witness or deponent, the division
will return the amount of any deposit required under §148.10(b)(3)
and §148.11(d)(3) of this title (relating to Hearings Subpoenas
To Compel Attendance and Subpoenas Duces Tecum and Commissions To
Compel Attendance For Deposition), respectively.
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