- (a) Sua sponte or on the written request of a party, the administrative law judge may issue a subpoena addressed to anyone authorized to serve a subpoena under the Texas Rules of Civil Procedure for the attendance of any witness.
- (b) The style of the subpoena must be "The State of Texas" and the subpoena must be signed by the administrative law judge. The subpoena must state the name of the proceeding, that the proceeding is pending before the agency, the time and place at which the witness is required to appear, the person or agency at whose instance the witness is summoned, and the date of its issuance, and may be addressed to anyone authorized to serve a subpoena under the Texas Rules of Civil Procedure.
- (c) A subpoena may also command the person to whom it is directed to produce the books, papers, documents or tangible things designated in the subpoena.
- (d) Subpoenas may be executed and returned at any time, and shall be served by delivering a copy of such subpoena to the witness. The person serving the subpoena shall make due return thereof; showing the time and manner of service, or showing that service was accepted by the witness by a written memorandum, signed by such witness attached to the subpoena.
- (e) The administrative law judge, in the exercise of discretion, may require a showing of good cause before issuing a subpoena or may require a deposit guaranteeing payment of the costs of service and the expenses of the witness in complying with the subpoena.
- (f) A subpoena may be quashed or modified by the administrative law judge on the filing of a proper motion and a showing of good cause.
- (g) Subpoena powers of the agency head(s) are unaffected by this section.
Source Note:The provisions of this §9.18 adopted to be effective November 13, 1997, 22 TexReg 10951.