| (a) Commissions to take depositions. At the written request of a party, the executive director will issue a written commission directed to officers, authorized by statute, to take a deposition of a witness. (b) Subpoenas for the production of documents. At the verified written request of a party, the executive director will issue a subpoena for the production of documents. The written request must identify the documents with as much detail as possible and must include a statement of their relevance to the issues in the case. (c) Subpoenas for attendance at hearings. At the written request of a party, the executive director will issue a subpoena for the attendance of a witness at a hearing in a contested case. The subpoena may be directed to any person within the department's jurisdiction, without regard to the distance between the location of the witness and the location of the hearing. (d) Limits on discovery. A commission or subpoena will only be issued on a showing of good cause and receipt of a deposit sufficient to ensure payment of expenses and fees related to the subpoena, including statutory witness fees. A commission or subpoena will not be issued if it appears that it is sought for the purpose of harassment or if it would unduly inconvenience the person to whom it is directed. Issuance of a commission or subpoena will be subject to the provisions of Government Code, Chapter 2001, and the rules of the State Office of Administrative Hearings. |
