This section shall be applicable to appeals both to the appeal tribunal and to the commission.

1. (1) Issuance of subpoenas.

   1. (A) Subpoenas to compel the attendance of witnesses and the production of records for any hearing of an appeal, unless directed to be issued by a member of the commission or an appeal tribunal, shall be issued only upon a showing of a necessity therefor by the party applying for the issuance of the subpoena.
   2. (B) A witness subpoenaed to appear before an appeal tribunal, the commission, or a court may be paid a fee and mileage for such appearance. The fee shall be $20 per day, and for miles necessarily traveled to and returning from such hearing, the rate per mile shall be at the rate provided for state employees in the State Appropriation Act. The fee as provided in this section and the mileage shall be paid from the unemployment compensation administration fund upon proper certification of the appeal tribunal, the commission, or the court, and upon certification of such witness that such fee and mileage are just, true, and unpaid.
2. (2) Orders for supplying information from the records of the commission. Orders for supplying information from the records of the commission to a party to the appeal, or his representative, to the extent necessary for the proper presentation of a claim, shall issue only upon application of a party to the appeal which specifies as nearly as possible the exact nature of the information desired.

3. (3) Representation before appeal tribunal and the commission.

   1. (A) Any individual may appear for himself in any proceeding before any appeal tribunal or the commission. Any partnership may be represented by any of its members, or a duly authorized representative. Any corporation or association may be represented by an officer or a duly authorized representative.
   2. (B) Any party may appear by an attorney at law or by any other person who is qualified to represent others.
   3. (C) The commission or an appeal tribunal may refuse to allow any person to represent others in any proceeding before it who conducts himself in an unethical manner or who intentionally and repeatedly fails to observe the provisions of the Act or the rules of the commission.
4. (4) Benefit appeal notice. Each benefit appeal decision which is sent to the parties to an appeal shall include or be accompanied by a notice specifying the appeal rights of the parties. The notice of appeal rights shall state clearly the place and manner for taking an appeal from the decision and the period within which an appeal may be taken.
5. (5) Record of decisions of appeal tribunal and the commission. Copies of decisions of the commission and of appeal tribunals shall be kept on file for a minimum of four years at the office of the commission in Austin; thereafter, the commission may destroy any of these decisions when it determines that such decisions no longer serve any legal, administrative, or other useful purpose.
6. (6) The commission or an appeal tribunal may, after an appropriate warning, expel from any proceeding any person, whether or not a party, who fails to comport himself in a manner befitting the proceeding. The commission or an appeal tribunal may then continue with the proceeding, hear evidence, and render a decision on the appeal.

Source Note:The provisions of this §815.18 adopted to be effective July 27, 1982, 7 TexReg 2630; amended to be effective August 24, 1988, 13 TexReg 3994; transferred effective June 1, 1996, as published in the Texas Register June 18, 1996, 21 TexReg 5606.