28 Tex. Admin. Code § 148.10 - Hearings Subpoenas to Compel Attendance and Subpoenas Duces Tecum
(a) Issuance of Subpoena. A request for
issuance of a subpoena shall be directed to the Chief Clerk of Proceedings in
the division's central office. On the written request of any party in
compliance with the requirements set forth below and upon a showing of good
cause, the division shall issue a subpoena addressed to the sheriff or any
constable to require the attendance of a witness and production of books,
records, paper, or other objects that may be necessary and proper for the
purpose of the proceedings. The determination of good cause under this section
shall include consideration of whether the issuance of the subpoena would cause
undue burden or expense to the person served.
(b) Request for Subpoena. A request for
issuance of a subpoena must be in writing, addressed to the Chief Clerk of
Proceedings, contain a showing of good cause, and comply with the following:
(1) The request must include the subpoena
sought to be issued and be prepared for the signature of the Chief Clerk of
Proceedings.
(2) The subpoena must
be addressed to a sheriff or constable for service in accordance with
Government Code §
2001.089. The request
must contain the name and address of the applicable sheriff or
constable.
(3) The request must
include a good faith, itemized estimate of the amount likely to accrue under §
148.20 of this title (relating to
Reimbursement, Travel Expenses, and Fees for Witnesses and Deponents) and
include a deposit of the same amount as required by Government Code §
2001.089(2)
(relating to Issuance of Subpoena). The deposit must be made by certified
check, money order, or other negotiable instrument satisfactory to the
division.
(4) If the subpoena is
for the attendance of a witness, the written request and accompanying subpoena
must contain:
(A) the name, address, and
title, if any, of the witness;
(B)
the date, time and place where the person is to appear and give
testimony;
(C) the docket number of
the SOAH proceeding; and
(D) a
statement showing date of execution and return of the subpoena to the Chief
Clerk of Proceedings.
(5) If the subpoena is for the production of
books, records, writings, or other tangible items, the written request and
accompanying subpoena sought must contain:
(A) a specific, detailed description of the
items sought to be produced;
(B)
the date, time, and place where the person is to appear and give testimony and
produce the requested items;
(C)
the docket number of the proceeding; and
(D) a statement showing date of execution and
return of the subpoena duces tecum to the Chief Clerk of Proceedings.
(6) The request must contain a
description of the reasonable steps taken to avoid imposing undue burden or
expense on the person served.
(c) Failure to Comply with Subpoena. If a
person fails to comply with a subpoena, the division, acting through the
attorney general, or the party requesting the subpoena, may bring suit to
enforce the subpoena in a district court in Travis County. This remedy is not
exclusive. The division may enforce the subpoena in any manner permitted by the
Act, the APA, or division rules.
Notes
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