Following written request by a party or on the motion of the executive director or the hearing officer:
- (1) subpoenas for the attendance of a witness from any place in the state of Texas at a hearing in a pending proceeding shall be issued by the executive director or by the hearing officer in the name of the department;
- (2) motions for subpoenas to compel the production of books, papers, accounts or documents shall be addressed to the executive director or the hearing officer, shall be verified and shall specify as nearly as may be the books, papers, accounts, or documents desired and the material and relevant facts to be proved by them. If the matter sought is relevant, material and necessary and will not result in harassment, imposition, or undue inconvenience or expense to the witness required to produce the same, the executive director or the hearing officer shall issue a subpoena compelling production of any necessary books, papers, accounts or documents; and
- (3) such subpoenas shall be issued only after a showing of good cause and deposit of sums sufficient to insure payment of expenses incident to the subpoenas. Payment of witness fees shall be made in the manner prescribed in the APA.
Source Note:The provisions of this §1.36 adopted to be effective December 26, 1995, 20 TexReg 11035.