Section 349.355 - Subpoenas(a) Upon the written request of any party, the Board may issue a subpoena 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 the proceedings.(b) If the subpoena is for the attendance of a witness, the written request shall contain the name, address and title, if any, of the witness and the date upon which and the location at which the attendance of the witness is sought. If the subpoena is for the production of books, records, writings or other tangible items, the written request shall contain a description of the item sought; the name, address and title, if any, of the person or entity who has custody or control over the items, and the date on which and the location at which the items are sought to be produced. Each request, whether for a witness or for production of items, shall contain a statement of the reasons why the subpoena should be issued.(c) Upon a finding that a party has shown good cause for the issuance of the subpoena, the Board shall issue the subpoena in the form described in § 2001.089 of the Texas Government Code.(d) Notwithstanding any other provisions of this chapter, the Board may issue a subpoena prior to the filing of formal charges under § 349.335 of this chapter, if, in the opinion of the Board, such a subpoena is necessary to preserve evidence and testimony to investigate any potential violation or lack of compliance with Commission rules and regulations, or orders of the Board. The subpoena may be to compel the attendance of any person to appear for the purposes of giving sworn testimony and/or to compel the production of books, records, papers or other objects.37 Tex. Admin. Code § 349.355
The provisions of this §349.355 adopted to be effective May 1, 2010, 35 TexReg 3289