Following written request by a party or on its own motion:

1. (1) Subpoenas for the attendance of a witness from any place in the State of Texas at a hearing in a pending proceeding may be issued at any time by the agency through the executive director, or by a hearing officer.
2. (2) Motions for subpoenas to compel the production of books, papers, accounts documents, or other tangible items shall be addressed to the agency, and shall specify as nearly as may be the books, papers, accounts, documents, or other tangible items desired. If the matter sought is relevant material and necessary and will not result in harassment, imposition, or undue inconvenience or expense to the party to be required to produce the same, the agency, through the executive director, or a hearing officer may issue a subpoena, compelling production of books, papers, accounts, documents, or other tangible items as deemed necessary.
3. (3) Such subpoenas shall be issued only after a showing of good cause and deposit of sums with the agency sufficient to insure payment of expenses incident to the subpoenas, the attendance of witnesses or deponents, or both.

4. (4) A witness or deponent who is not a party and who is subpoenaed, compelled, or requested to attend any hearing or proceeding to testify or to give a deposition or to produce books, records, papers, or other objects that may be necessary and proper for the purposes of the proceeding under the authority of this section is entitled to receive:

   1. (A) mileage of $.18 a mile if by private car, actual train or bus fare, or economy air fare, for going to, and returning from the place of the hearing or the place where the deposition is taken if the place is outside the city, town, village, or area of such person's residence;
   2. (B) a fee of $25 a day for each day or part of a day the person is necessarily present as a witness or deponent; meal expense not to exceed $15 per day; further, such person is entitled to be paid an additional fee of not to exceed $50 for required overnight lodging;
   3. (C) fees to which a witness or deponent is entitled under this section shall be paid by the agency from the funds deposited by the party or agency at whose request the witness appears or the deposition is taken, on presentation of proper vouchers sworn by the witness and approved by the agency.

Source Note:The provisions of this §107.48 adopted to be effective January 1, 1976; amended to be effective November 28, 1977, 2 TexReg 4410; amended to be effective November 21, 1978, 3 TexReg 3895; amended to be effective February 18, 1980, 5 TexReg 389; amended to be effective July 24, 1992, 17 TexReg 4948.