1. (a) To effect the purposes of this Act pursuant to the Texas Labor Code, §21.003(4), any commissioner, the executive director, or his or her designee, shall have the authority to sign and issue a subpoena to compel attendance of necessary witnesses for examination or testimony under oath or affirmation, and the production of records, documents, and other evidence relevant to the investigation of alleged violations of the Texas Labor Code, for inspection and copying. The issuance of subpoenas shall be governed by the Administrative Procedure Act, Texas Government Code, Chapter 268, §2001.089 and §2001.103. The commission authorizes the executive director, or his or her designee or a commissioner to exercise this power on behalf of the commission.
2. (b) Notwithstanding the requirements pursuant to any other state law, the subpoena shall state the name and address of its issuer, identify the person or evidence subpoenaed, the person to whom and the place, date, and the time at which it is returnable, or the nature of the evidence to be examined or copied and the date and time when access is requested. A subpoena shall be returnable to the executive director. Neither the complainant nor the respondent shall have the right to demand that a subpoena be issued.
3. (c) Notwithstanding the requirements of any other state law, any person served with a subpoena issued by the commission who intends not to comply therewith shall petition in writing the commission to revoke or modify the subpoena within five working days after receipt of the subpoena. Such petition shall separately identify each portion of the subpoena with which the petitioner does not intend to comply, and shall state, with respect to each such portion, the grounds upon which the petitioner relies. A copy of the subpoena shall be attached. The commission or its designee shall review the petition and make a final determination on revoking or modifying the subpoena. The commission or its designee shall serve a copy of the final determination of the petition upon the petitioner by regular mail.
4. (d) On a failure to comply with a subpoena, the commission shall apply to the district court of the county in which the person is found, resides, or transacts business for an order directing compliance pursuant to the Texas Labor Code, §21.306(b).

Source Note:The provisions of this §819.73 adopted to be effective July 5, 1994, 19 TexReg 4819; amended to be effective February 14, 1997, 22 TexReg 1333; amended to be effective June 25, 2001, 26 TexReg 4736; amended to be effective June 17, 2003, 28 TexReg 4568; transferred effective March 1, 2004, as published in the Texas Register April 9, 2004, 29 TexReg 3653.