1. (a) Request for subpoena. On the hearing officer's own motion or on the written request of any party, and a showing of good cause, and on the deposit of sums that reasonably ensure payment of the amounts estimated to accrue under this section, the hearing officer may 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.
2. (b) Request for deposition. On the hearing officer's own motion or on any party's written request and on deposits of sums that reasonably ensure payment of the amounts estimated to accrue under this section, the hearing officer may issue a commission addressed to the several officers authorized by statute to take depositions, to require that the deposition of a witness be taken. The hearing officer authorizes the issuance of any subpoena necessary to require that the witness appear and produce, at the time the deposition is taken, books, records, papers, or other objects that may be necessary and proper for the purpose of the proceeding. The deposition of a member of an agency, board or commission may not be taken after a hearing date has been set. The deposition is taken according to the requirements of the APA, Chapter 2001.
3. (c) Filing request for deposition. Requests for commissions are addressed to the hearing officer.
4. (d) Objections during deposition. The officer taking the oral depositions may not sustain objections to any of the testimony taken, or exclude any of it, and any of the parties or attorneys engaged in taking testimony may have their objections reserved for the action of the hearing officer. The hearing officer is not confined to objections made at the taking of the testimony.

5. (e) Returning completed deposition to SOAH. A deposition may be returned to SOAH either by mail, by a party interested in taking the deposition, or by any other person. If returned by mail, SOAH must endorse the deposition to show it was received from the post office. The SOAH employee receiving the deposition must sign it. If it is not sent by mail, the person delivering it to SOAH must make an affidavit before a SOAH representative that:

   1. (1) he received it from the hands of the officer before whom it was taken;
   2. (2) it has not been out of his possession since; and
   3. (3) it has undergone no alteration.
6. (f) Opening deposition at SOAH. After the deposition is filed with SOAH, any SOAH employee may open the deposition at the request of either a party or the party's counsel. The employee must endorse the deposition by entering the date and name of the person who asked that it be opened. The employee must then sign the deposition. The deposition must remain on file with SOAH and may be inspected by any party.
7. (g) Failure to comply with subpoena or commission. If a person fails to comply with a subpoena or commission, SOAH, acting through the attorney general, or the party requesting the subpoena or commission, may bring suit to enforce the subpoena or commission in a district court in Travis County.

Source Note:The provisions of this §148.14 adopted to be effective December 4, 1995, 20 TexReg 9706.