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RULE §575.5Subpoenas/Witness Expenses

(a) In any proceeding involving an alleged violation of the Veterinary Licensing Act, Chapter 801, Occupations Code, including a contested case under the Administrative Procedure Act, Chapter 2001, Government Code, the Board may compel by subpoena:

  (1) the attendance of witnesses for examination under oath; and

  (2) the production for inspection or copying of books, accounts, records, papers, correspondence, documents, and other evidence relevant to the alleged violation.

(b) A party to a contested case hearing may request that the Board issue a subpoena or subpoena duces tecum, in accordance with §2001.089 of the APA, as may be hereafter amended. The requesting party must show good cause, relevancy, necessity of the testimony or documents, lack of undue inconvenience, imposition or harassment of the party required to produce the testimony or documents, and must deposit sums necessary to insure payment of expenses incident to the subpoenas. The written request shall be addressed to a sheriff or constable for service in accordance with §2001.089 of the APA.

  (1) The party requesting the subpoena shall be responsible for the payment of any expense incurred in serving the subpoena, as well as reasonable and necessary expenses incurred by the witness who appears in response to the subpoena.

  (2) The party requesting a subpoena duces tecum shall describe and recite with great clarity, particularity and specificity the books, records, and documents to be produced. The written request shall contain a description of the item sought, the name, address and title, if any, of the person or entity who has custody or control over the items, and the date and location at which the items are sought to be produced.

  (3) If the subpoena is for the attendance of a witness, the written request shall contain the name, address, and title, if any, of the witness and the date and location at which the attendance of the witness is sought.

(c) A subpoena issued at the request of the Board's staff may be served personally by a Board employee, by certified mail, or by any other means authorized by law.

(d) The Board may delegate authority to issue subpoenas to the executive director.

(e) A witness, called at the request of the Board in a contested case, 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 a fee of $25 per day and reimbursed for travel expenses in the same manner as Board employees.

(f) The pendancy of a SOAH proceeding does not preclude the board from issuing an investigative subpoena at any time.

Source Note: The provisions of this §575.5 adopted to be effective March 15, 2004, 29 TexReg 2644; amended to be effective July 13, 2008, 33 TexReg 5528; amended to be effective March 10, 2009, 34 TexReg 1608; amended to be effective November 20, 2011, 36 TexReg 7667

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