- (a) The issuance of subpoenas in any proceeding shall be governed by the Administrative Procedure Act (Tex. Gov't Code §§2001.001 et seq.). Following written request by a party or on its own motion, the board, the executive director, or examiner may issue subpoenas addressed to the sheriff or any constable to require the attendance of witnesses and the production of books, records, papers, or other objects as may be necessary and proper for the purposes of a proceeding. The subpoena may be issued by the board itself, the executive director, or, during the pendency of a hearing, the examiner.
- (b) Motions for subpoenas to compel the production of books, records, papers, or other objects shall be addressed to the board, the executive director, or examiner, shall be verified, supported by a showing of good cause, and shall specify as clearly as possible the books, records, papers, or other objects desired and the material and relevant facts to be proven by them.
(c) Subpoenas shall be issued by the board, executive director, or examiner only after:
- (1) the movant has shown good cause that the subpoena should be issued; and
- (2) the movant has deposited sums sufficient to ensure payment of all expenses incident to the subpoenas. Service of subpoenas and payment of witness fees and expenses shall be made in the manner prescribed in the Administrative Procedure Act (Tex. Gov't Code §§2001.001 et seq.)
Source Note:The provisions of this §67.103 adopted to be effective March 19, 1986, 11 TexReg 1149; amended to be effective January 10, 1999, 24 TexReg 165.