(a) A witness or deponent who is not a party and who is subpoenaed or otherwise compelled to attend any hearing or proceeding conducted under the authority of the Administrative Procedure Act is entitled to the following compensation:
- (1) mileage in the same amount per mile as the mileage travel allowance for state employees traveling on state business. Mileage is to be reimbursed for travel to and returning from the place of the hearing or deposition, provided the place is more than 25 miles from the person's place of residence; and
- (2) a per day witness fee of not more $20 for each day or part of a day the person is necessarily present as a witness or a deponent.
- (b) Mileage and fees to which a witness is entitled under this section shall be paid by the party at whose request the witness appears or the deposition is taken, upon presentation of proper documents sworn by the witness and approved by the department.
- (c) Payment or reimbursement to witnesses under this section shall be made in accordance with the requirements of the Act, §2001.103.
Source Note:The provisions of this §1.24 adopted to be effective January 18, 1991, 16 TexReg 113; amended to be effective August 3, 1993, 18 TexReg 4747; amended to be effective August 23, 1996, 21 TexReg 7656.