Section 281.23 - Subpoenas(a) A subpoena issued by the executive director/secretary under the authority of § 565.058 of the Act is considered by the board to be a ministerial act. Such subpoena shall be used to obtain information and testimony at the request of board staff.(b) If a subpoena is requested by an applicant, licensee, or registrant under § 2001.089 of the APA, a showing of good cause shall be made to the executive director/secretary. Such a showing shall be by submission of a written request for the subpoena indicating the purpose of the subpoena and indicating that the subpoena is not requested in bad faith. In addition, the requesting party shall aver that the subpoena: (1) does not request information that is privileged;(2) requests information relevant to the contested case;(2) is not an undue burden; and(3) is sufficiently specific.(c) Once the requesting party has complied with the requirements in subsection (b) of this section, the executive director/secretary may issue the subpoena.(d) If the requesting party, the subpoenaed party, any other party to the contested case, or any person or entity affected by the subpoena objects, a challenge to the subpoena shall be filed with the Administrative Law Judge at the State Office of Administrative Hearings.22 Tex. Admin. Code § 281.23
The provisions of this §281.23 adopted to be effective December 7, 2010, 35 TexReg 10689