1. (a) Definitions. The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.

   1. (1) Evidence--Testimony or documents, including books, papers, and tangible things.
   2. (2) Service--Delivery of a subpoena by an authorized individual to the person to whom it is addressed.
   3. (3) Subpoena--A commission order issued by the hearing officer requiring a person to attend or to produce evidence at a deposition (deposition subpoena) or at a hearing (hearing subpoena).

2. (b) How issued. The commission may issue a subpoena:

   1. (1) on its own motion; or
   2. (2) at the request of a party, if the hearing officer determines the party has good cause.

3. (c) Request for subpoena. A party may request a subpoena in the following manner.

   1. (1) If the party is represented, the request shall:

      1. (A) be in writing;
      2. (B) identify the evidence to be produced, and explain why it is relevant to a disputed issue;
      3. (C) state whether the subpoena is for a deposition or a hearing;
      4. (D) be sent to the commission; and
      5. (E) be delivered to all parties, as provided by §142.4 of this title (relating to Delivery of Copies to All Parties).
   2. (2) An unrepresented claimant may request a subpoena by contacting the commission in any manner, and may also request the commission to arrange for service, if service will be at no cost to the commission.
4. (d) Special provisions for hearing subpoenas. A request for a hearing subpoena shall be sent to the commission and delivered to the parties, as provided by §142.4 of this title (relating to Delivery of Copies to All Parties), no later than 10 days before the hearing. The hearing officer may deny a request for a hearing subpoena upon a determination that the testimony may be adequately obtained by deposition or written affidavit.

5. (e) Service. Upon granting a request and issuing a subpoena, the hearing officer shall:

   1. (1) return it to the requester for service, according to Rule 178, Texas Rules of Civil Procedure; or
   2. (2) send it to the appropriate sheriff or constable for service, if an unrepresented claimant has requested the commission to arrange for service, as provided by subsection (c)(2) of this section.

6. (f) Costs.

   1. (1) Except as provided by subsection (c)(2) of this section, the party requesting the subpoena is responsible for all costs associated with the subpoena, including service, witness fees, and mileage.

   2. (2) A witness or deponent who is not a party and who is subpoenaed or otherwise compelled to attend a hearing or deposition to give testimony or produce documents is entitled to receive from the party requesting the subpoena:

      1. (A) a fee of $30 a day for each day or part of a day the person is necessarily present as a witness or deponent;
      2. (B) mileage at the rate set for state employees in the General Appropriations Act, for going to, and returning from the place of the hearing or the place of the deposition, if the place is more than 25 miles from the person's place of residence; and
      3. (C) fees for providing expert testimony relating to medical issues which shall be paid according to guidelines established by the commission pursuant to the Texas Workers' Compensation Act, §8.21.

7. (g) Failure to comply with a subpoena. Failure to comply with a subpoena:

   1. (1) may be enforced in the manner provided by Texas Civil Statutes, Article 6252-13a, §14(n); and
   2. (2) is a Class A administrative violation, with a penalty not to exceed $10,000.

Source Note:The provisions of this §142.12 adopted to be effective February 12, 1991, 16 TexReg 463.