SECTION 81.7. Depositions, Subpoenas, and Witness Expenses

(a) 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.

(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 request shall contain a statement why it should be issued.

(e) The executive director shall issue a subpoena if there is good cause.

(f) The executive director, with the Enforcement Committee's approval, may issue a commission or subpoena before filing a formal complaint if it is necessary to preserve evidence and testimony or to investigate any potential violations of the law or Board rules.

(g) 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, or the State of Texas Travel Allowance Guide, whichever is greater.

(h) A party requesting a commission or subpoena shall deposit funds with the Boards sufficient to cover the anticipated expenses for complying with the subpoena.

(i) The executive director may not issue a party's subpoena or commission until sufficient funds are deposited.

(j) A witness shall be reimbursed if the witness submits valid receipts.

(k) The Board shall return all unused funds to the party who deposited them.

Source Note: The provisions of this §81.7 adopted to be effective June 30, 2020, 45 TexReg 4031