1. (a) On the written motion of any party or the Administrative Law Judge (ALJ), the department shall issue a subpoena to the appropriate process server to require the attendance of witnesses or the production of documents or other tangible evidence at the hearing.
2. (b) There must be a showing of good cause for the subpoena.
3. (c) Motions for the issuance of a subpoena shall be submitted to the commissioner or a designee of the commissioner and simultaneously filed with the Office of General Counsel. The subpoena shall be issued upon a finding of good cause.
4. (d) A party or witness may object to the subpoena or move for a protective order as provided by the Texas Rules of Civil Procedure. Motions regarding objections to the subpoena or for a protective order shall be filed with the ALJ, who shall rule on them in a timely manner.
5. (e) Documents subpoenaed include books, papers, records, accounts, photographs, and similar materials or objects.
6. (f) Witnesses subpoenaed shall be paid per diem and mileage in accordance with those amounts paid to state employees as set out in the current State General Appropriations Act, or a higher amount as set by the department. The party that requests the subpoena is responsible for paying all subpoena costs and fees.

Source Note:The provisions of this §1.23 adopted to be effective November 15, 2001, 26 TexReg 9093.