Section 884.60 - Depositions, Subpoenas, and Witness Expenses(a) In accordance with §§ 2001.089 and 2001.094 of the Government Code and § 507.206 of the Occupations Code, on the written request of any party, the executive director may issue a commission for a deposition or a subpoena to require the attendance of witnesses or the production of tangible items in a contested case docketed at SOAH. (b) If the commission or subpoena is for a witness to attend a deposition or a hearing, the written request shall contain the name and address of the witness and the date and location where the witness must appear. (c) If the subpoena is for the production of tangible items, the written request shall contain a description of the items, the name and address of the person who has custody of the items, and the date and location where they must be produced. (d) Each subpoena or commission request shall contain a statement why it should be issued. (e) The executive director shall issue a subpoena or commission if there is good cause. (f) A witness who is not a party and who is subpoenaed to appear at a deposition or hearing is entitled to reimbursement for expenses in accordance with Texas Government Code § 2001.103. (g) The party or agency at whose request a witness appears or the deposition is taken shall be responsible for payment of the expenses required by this rule. (h) A party requesting a commission or subpoena shall deposit funds with the Council, in the form of a check or money order made payable to the witness, sufficient to cover the anticipated expenses for complying with the subpoena. The executive director may not issue a party's subpoena or commission until sufficient funds are deposited. (i) The Council shall forward the deposited funds to the witness via certified mail, along with a copy of the subpoena or commission. Alternatively, if the party requesting the subpoena or commission wishes to serve the witness by another means then the deposited funds shall be returned to that party, via regular or certified mail, along with a copy of the subpoena or commission to be served by the requesting party. (j) In accordance with §§ 2001.089 and 2001.094 of the Government Code and § 507.206 of the Occupations Code, the executive director or presiding member of the Council has the exclusive authority to issue a commission or subpoena, as well as approve or deny a request for the same.22 Tex. Admin. Code § 884.60
Adopted by Texas Register, Volume 45, Number 28, July 10, 2020, TexReg 4772, eff. 9/1/2020; Adopted by Texas Register, Volume 49, Number 45, November 8, 2024, TexReg 8922, eff. 11/14/2024