1. (a) Issuance of subpoena. A request for issuance of a subpoena shall be directed to the TWCC Chief Clerk in the commission's central office. On the written request of any party in compliance with the requirements set forth below, and a showing of good cause, the commission shall issue a subpoena addressed to the sheriff or any constable to require the attendance of a witness and production of books, records, paper or other objects that may be necessary and proper for the purpose of the proceedings. The determination of good cause under this section shall include consideration of whether the issuance of the subpoena would cause undue burden or expense to the person served.

2. (b) Request for subpoena. A request for issuance of a subpoena shall be in writing addressed to the TWCC Chief Clerk, contain a showing of good cause, and shall comply with the following:

   1. (1) The request shall include the subpoena sought to be issued prepared for the signature of the TWCC Chief Clerk.
   2. (2) The subpoena shall be addressed to a sheriff or constable for service in accordance with the APA, §2001.089. The request shall contain the name and address of the applicable sheriff or constable.
   3. (3) The request shall include a good faith, itemized estimate of the amount likely to accrue under §148.20 of this title (relating to Reimbursement, Travel Expenses, and Fees for Witnesses and Deponents) and include a deposit of the same amount as required by Texas Government Code §2001.089(2) (relating to Issuance of Subpoena). The deposit shall be a certified check, money order, or other negotiable instrument satisfactory to the commission.
   4. (4) If the subpoena is for the attendance of a witness, the written request and accompanying subpoena shall contain the name, address, and title, if any, of the witness, the date, time and place where the person is to appear and give testimony, the docket number of the SOAH proceeding, and a statement showing date of execution and return of the subpoena to the TWCC Chief Clerk.
   5. (5) If the subpoena is for the production of books, records, writings, or other tangible items, the written request and accompanying subpoena sought shall contain a specific, detailed description of the items sought to be produced, the date, time, and place where the person is to appear and give testimony and produce the requested items, the docket number of the proceeding, and a statement showing date of execution and return of the subpoena duces tecum to the TWCC Chief Clerk.
   6. (6) A description of the reasonable steps to avoid imposing undue burden or expense on the person served.
3. (c) Failure to comply with subpoena. If a person fails to comply with a subpoena, the commission, acting through the attorney general, or the party requesting the subpoena, may bring suit to enforce the subpoena in a district court in Travis County. This remedy is not exclusive. The commission may enforce the subpoena in any manner permitted by the Act, the APA, or the rules of the commission.

Source Note:The provisions of this §148.10 adopted to be effective June 9, 2005, 30 TexReg 3237.