- (a) A request for the issuance of a subpoena for the appearance of a breath test operator or technical supervisor shall include an affidavit based on personal knowledge establishing a genuine issue concerning the validity of the breath test that requires the appearance of the witness to resolve. A request for subpoena that is not granted prior to the hearing may be re-urged at the hearing if the evidence raises such an issue. If the ALJ grants the request during the hearing, the hearing shall reconvene at a later date for the appearance of the witness.
- (b) The provisions found at §159.103(a), (d), (f)(1), (3), and (4), (g)(3), (h) and (i) of this title (relating to Subpoenas) also apply to this section.
Source Note:The provisions of this §159.101 adopted to be effective January 20, 2009, 34 TexReg 330; amended to be effective May 30, 2010, 35 TexReg 4145.