Section 43.43 - Subpoenas and Commissions(a) Except as provided in subsection (d) of this section, the issuance of a subpoena in any proceeding shall be governed by the Administrative Procedure Act, Government Code, § 2001.089. Upon a written request by a party showing good cause and payment of required fees, or upon the request of the executive director, board of trustees, or administrative law judge, TRS may issue a subpoena addressed to the sheriff or a constable to require the attendance of witnesses or the production of books, records, papers, or other objects as may be necessary and proper for the purposes of a hearing.(b) The issuance of a commission in any proceeding shall be governed by the Administrative Procedure Act, Government Code, § 2001.094. Upon a written motion of a party and payment of required fees, or on the request of the administrative law judge, the executive director, or the board of trustees, TRS may issue a commission addressed to the officers authorized by statute to take a deposition, requiring that the deposition of a witness be taken.(c) Subpoenas and commissions shall be issued by the executive director only after a deposit of sums sufficient to ensure payment of expenses incident to the subpoenas. Payment of witness fees shall be made in the manner prescribed in the Administrative Procedure Act, Government Code, § 2001.103.(d) Members of the Medical Board may not be the subject of a subpoena regarding findings or determinations made in assisting the executive director or the board of trustees in all matters referred to it.34 Tex. Admin. Code § 43.43
The provisions of this §43.43 adopted to be effective April 20, 1988, 13 TexReg 1672; amended to be effective June 9, 1999, 24 TexReg 4249; amended to be effective March 12, 2003, 28 TexReg 2115; amended to be effective July 17, 2014, 39 TexReg 5434