|(a) The executive director or his designated representative
is delegated authority, pursuant to §901.166 of the Act (relating
to Authority to Issue Subpoena, Administer Oath, and Receive Evidence)
to issue subpoenas to compel the attendance of a candidate, applicant,
licensee or any other relevant witness or to compel the production
of relevant documents, records and other materials, maintained by
electronic or other means in the furtherance of the investigation
of any matter within the jurisdiction of the board. The executive
director or his designated representative may administer oaths and
take testimony and other evidence from any person who is the subject
of a subpoena issued under this section in the furtherance of the
investigation of any matter within the jurisdiction of the board.
(b) The executive director or his designated representative
is delegated authority to issue subpoenas authorized by the APA in
contested cases and the Act.
(c) A candidate, applicant, licensee or any other relevant
witness may be deposed at the board's offices in Austin, Texas. If
the deponent is not a party to a contested case, the board will reimburse
the deponent for reasonable expenses incurred to attend the deposition
in accordance with §2001.103 of the Texas Government Code. Any
deponent may seek a protective order concerning the place of deposition
on grounds stated in Texas Rule of Civil Procedure §192.6.
(d) Interpretive Comment. This section should be read
in conjunction with §501.93 of this title (relating to Responses).
|Source Note: The provisions of this §519.6 adopted to be effective June 9, 2004, 29 TexReg 5628; amended to be effective June 1, 2005, 30 TexReg 3101; amended to be effective February 9, 2012, 37 TexReg 491