1. (a) Inspection, copying and photographing tangible things and entry upon land. Upon timely motion of any party and upon notice to all other parties, and subject to such limitations of the kind provided for discovery under the Texas Rules of Civil Procedure, the hearing officer may order any party to:

   1. (1) produce and permit the inspection and copying or photographing by or on behalf of the moving party of any of the following that are in his possession, custody or control: designated documents, papers, books, accounts, letters, videotapes, photographs, objects, or tangible things, not privileged, that constitute or contain, or are reasonably calculated to lead to the discovery of, evidence that is material to any matter involved in the action; and
   2. (2) permit entry upon designated land or other property in that party's possession or control for the purpose of inspecting, measuring, surveying, or photographing the property or any designated objects or operation on the property that may be material to any matter involved in the action.
2. (b) Order permitting discovery. The order must specify the time, place and manner of making the inspection, measurement, or survey and taking the copies and photographs and may prescribe terms and conditions that are just.
3. (c) Reports and statements. The identity and location of any potential party or witness may be obtained from any communication or other paper in the possession, custody, or control of a party, and any party may be required to produce and permit the inspection and copying of the reports, including factual observations and opinions, of an expert who will be called as a witness. However, this provision does not apply to other written statements of witnesses or other written communications passing between agents or representatives or the employees of any party to the hearing or to other communications between any party and his agents, representatives, or their employees, where made subsequent to the occurrence or transaction upon which the hearing is based, and made in connection with the prosecution, investigation, or defense of issues before the hearing officer.

4. (d) Statement previously made. Any person, whether or not a party, is entitled to obtain, upon request, a copy of any statement he has previously made concerning the action or its subject matter. If his request is refused, he may move for an order according to this section. For the purpose of this section, a statement previously made is either:

   1. (1) a written statement signed or otherwise adopted or approved by the person making it; or
   2. (2) a videotape, or a stenographic, mechanical, electrical, or other recording, or a transcription thereof, which is a substantially verbatim recital of an oral statement by the person making it and contemporaneously recorded.
5. (e) Nonparty discovery. The hearing officer may order a person not a party to the hearing to appear and produce relevant documents or tangible things according to this section. The hearing officer may make this order only after a motion has been filed specifically stating the request and necessity therefore. All parties and those who are not parties must have the opportunity to object in writing to the motion. The hearing officer may hold a hearing on the motion at the hearing officer's discretion.
6. (f) Admissions of facts and genuineness of documents. Any time after the request for a hearing, a party may deliver or have delivered to any other party a written request for admissions of facts and genuineness of documents. The provisions of the Rules of Civil Procedure, Rule 168 apply, except that filing and enforcing are controlled by the hearing officer and that the time limit to respond is 25 (not 30) days.
7. (g) Interrogatories to parties. Any time after the hearing has been docketed, any party may serve interrogatories upon any other party. The provisions of the Rules of Civil Procedure, Rule 169 apply, except that filing and enforcing are controlled by the hearing officer and the number of questions is limited so as not to require more than 25 answers.

Source Note:The provisions of this §148.13 adopted to be effective December 4, 1995, 20 TexReg 9706.