SECTION 1.176. Subpoenas and Depositions

(a) On a showing of good cause and on deposit of a sum reasonably estimated to cover the costs of issuing and serving the subpoena and the costs described in subsection (e) of this section, the Executive Director or the Chairman may issue a subpoena to require the attendance of a witness for examination under oath or the production of a record, document, or other evidence relevant to the investigation of, or a disciplinary proceeding related to, an alleged violation of a statutory provision or rule enforced by the Board.

(b) A subpoena must:

(1) be issued in the name of the State of Texas;

(2) be signed by the Executive Director or the Chairman;

(3) be addressed to a sheriff, constable, or other party authorized by the Texas Rules of Civil Procedure to serve a subpoena;

(4) state the time and place at which the witness is required to appear, the name of the person at whose instance the subpoena has been issued, and the date of the subpoena's issuance;

(5) include a specific description of any record, document, or other evidence covered by the subpoena; and

(6) be served by delivering a copy of the subpoena to the party named in the subpoena.

(c) A subpoena may be executed and returned at any time. The person serving the subpoena shall make due return thereof, showing the time and manner of service or showing that service was accepted by the witness by a written memorandum signed by the witness and attached to the subpoena.

(d) A deposition shall be taken in the manner prescribed for depositions in the Administrative Procedure Act (APA).

(e) A witness or deponent who is not a party to an enforcement proceeding and who is subpoenaed or otherwise compelled by the Board to attend any hearing or proceeding to provide testimony, give a deposition, or produce a record, document, or other evidence shall be entitled to receive:

(1) payment for mileage and reimbursement for transportation, meal, and lodging expenses as required by the APA for going to and returning from the place of the hearing or the place where the deposition is taken if the place is more than 25 miles from the person's place of residence; and

(2) a witness fee as required by the APA for each day or part of a day the person is necessarily present as a witness or deponent.

(f) Expenses and fees described in subsection (e) of this section shall be paid by the party at whose request the witness appears or the deposition is taken, on presentation of proper vouchers sworn by the witness and approved by the Executive Director.

(g) Payment for mileage and reimbursement for transportation, meal, and lodging expenses for a witness whose presence is required by a subpoena issued by the Executive Director or the Chairman shall be at the same rate as is paid to a state employee traveling on state business.

Source Note: The provisions of this §1.176 adopted to be effective July 5, 2004, 29 TexReg 6277