- (a) Any party desiring the issuance of a subpoena to compel the appearance of a witness or the production of documents at any hearing shall file a written application with the ALJ setting forth the name and address of the witness, time and place of appearance, and any documents or tangible things sought to be produced.
- (b) The party requesting the subpoena shall arrange for service of the subpoena in the manner as provided in civil actions. Subpoenas issued at the request of the department staff may be served by an employee of the department.
- (c) A party may request issuance of an amended subpoena, which shall be served as provided in subsection (b) of this section.
- (d) The person to whom the subpoena is directed may, within ten days after the service thereof or on or before the return date if the return date is less than ten days after service, serve upon the commissioner, the ALJ, and the attorney or party designated in the subpoena, written objection to the appearance or to the inspection or copying of any or all of the designated material. If objection is made, the party serving the subpoena shall not be entitled to inspect and copy the materials except pursuant to an order of the commissioner or ALJ. The party serving the subpoena shall have five days within which to file a written response to the objection. The commissioner's order on the objection shall be based upon the written objection and response. No oral argument shall be heard on the objection unless the commissioner or ALJ directs.
Source Note:The provisions of this §93.209 adopted to be effective August 10, 1999, 24 TexReg 6027.