| (a) Except as provided in subsection (d) of this section,
the issuance of a subpoena in any proceeding shall be governed by
the Administrative Procedure Act, Government Code, §2001.089.
Upon a written request by a party showing good cause and payment of
required fees, or upon the request of the executive director, board
of trustees, or administrative law judge, TRS may issue a subpoena
addressed to the sheriff or a constable 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 a hearing.
(b) The issuance of a commission in any proceeding
shall be governed by the Administrative Procedure Act, Government
Code, §2001.094. Upon a written motion of a party and payment
of required fees, or on the request of the administrative law judge,
the executive director, or the board of trustees, TRS may issue a
commission addressed to the officers authorized by statute to take
a deposition, requiring that the deposition of a witness be taken.
(c) Subpoenas and commissions shall be issued by the
executive director only after a deposit of sums sufficient to ensure
payment of expenses incident to the subpoenas. Payment of witness
fees shall be made in the manner prescribed in the Administrative
Procedure Act, Government Code, §2001.103.
(d) Members of the Medical Board may not be the subject
of a subpoena regarding findings or determinations made in assisting
the executive director or the board of trustees in all matters referred
to it.
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| Source Note: The provisions of this §43.43 adopted to be effective April 20, 1988, 13 TexReg 1672; amended to be effective June 9, 1999, 24 TexReg 4249; amended to be effective March 12, 2003, 28 TexReg 2115; amended to be effective July 17, 2014, 39 TexReg 5434 |
