SECTION 157.1071. Hearings in Which the Texas Education Agency is a Party

(a) All requests for hearing in which the Texas Education Agency (the agency) is a petitioner or respondent shall be heard by the State Office of Administrative Hearings (SOAH).

(b) In hearings in which the agency is not the petitioner, petitions for review or requests for hearing shall be filed with the commissioner within 30 calendar days after the decision, order, or ruling complained of is first communicated to the petitioner, except as otherwise provided by law or agency rule.

(c) The agency's division responsible for hearings and appeals shall transmit the petition for review or request for hearing and a request to docket the hearing to SOAH.

(d) The agency administrative law judge may issue subpoenas if the requirements of Texas Government Code, §2001.089, are met. To obtain a subpoena, the moving party shall meet the following requirements.

(1) The motion shall set forth good cause for the issuance of the subpoena. The statement of good cause must be more than a conclusory statement that the witness' testimony is reasonably calculated to lead to the discovery of admissible evidence. The statement should specify how the requested testimony is likely to lead to admissible evidence concerning a particular issue in the case, including a statement of the operative facts.

(2) The motion shall contain a statement that counsel or the party, if not represented by counsel, has dedicated funds sufficient to pay a witness or deponent who is not a party to the case, the amount required under Texas Government Code, §2001.103, and will tender that amount to the witness or deponent no later than immediately following testimony or when the witness or deponent is released.

(3) If a party requests a witness to bring documents or objects, the motion should specifically identify the documents or objects and specify the good cause for each document or object.

(4) Motions to quash subpoenas must be filed with the SOAH.

(e) In cases where discovery is appropriate, the agency administrative law judge may issue a commission for deposition in accordance with Texas Government Code, §2001.094.

(1) The commission for deposition allows the court reporter to issue subpoenas necessary to require that witnesses appear and produce books, records, papers, or other objects necessary and proper for the purposes of the proceeding.

(2) To obtain a commission for deposition, the party shall file a motion that sets forth good cause for obtaining a commission for deposition. The statement of good cause must be more than a conclusory statement that such discovery is reasonably calculated to lead to the discovery of admissible evidence. The statement should set forth a statement of the operative facts.

(3) The motion shall contain a statement that counsel or the party, if not represented by counsel, has dedicated funds sufficient to pay a deponent, who is not a party to the case, the amount required under Texas Government Code, §2001.103, and will tender that amount to the witness or deponent no later than immediately following testimony or when the witness or deponent is released.

(4) If a party requests a witness to bring documents or objects, the motion should specifically identify the documents or objects and specify the good cause for each document or object. The motion should also identify the time and place for the deposition.

(5) Motions to quash depositions must be filed with the SOAH.

Source Note: The provisions of this §157.1071 adopted to be effective July 20, 2004, 29 TexReg 6893; amended to be effective May 28, 2012, 37 TexReg 3829