- (a) The issuance of subpoenas in any proceeding shall be governed by the Administrative Procedure and Texas Register Act (Texas Civil Statutes, Article 6252-13a, §14). Following written request by a party or on its own motion, the board 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 or, during the course 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 or examiner, shall be verified, and shall specify as nearly as may be 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 or examiner only after showing of good cause and the deposit of sums sufficient to insure payment of expense incident to the subpoenas. Service of subpoenas and payment of witness fees shall be made in the manner prescribed in the Administrative Procedure and Texas Register Act (Texas Civil Statutes, Article 6252-13a).
Source Note:The provisions of this §67.103 adopted to be effective March 19, 1986, 11 TexReg 1149.