SECTION 1.36. Subpoenaing Witnesses and Materials

(a) Contested cases. The subpoenaing of witnesses and materials in contested cases shall be in accordance with the Act, §14. A witness may make originals available for copying by the party causing the subpoena to be issued instead of relinquishing them, provided that the originals remain available for comparison.

(b) Investigations. The commissioner and at least one member of the board must sign any subpoenas issued in the course of an investigation. A subpoena includes a subpoena duces tecum.

(1) Form of subpoena. A subpoena shall include the following information:

(A) the name and address of the witness;

(B) the date, time, and place where the person is to appear and give testimony;

(C) a detailed description of any books, accounts, records, papers, correspondence, or other materials the witness will be required to produce; and

(D) a statement showing date of execution and return.

(2) Service of subpoena. A subpoena shall be addressed to and served by any sheriff, constable, or Texas Department of Insurance investigator of the State of Texas. For the purposes of this paragraph, a Texas Department of Insurance investigator includes any authorized person designated by the commissioner of insurance.

(3) Execution and return of subpoena. Upon serving the named witness with a copy of a subpoena, the person executing such service shall promptly complete the execution and return statement on the original subpoena. Such statement shall include the date and time the addressee received the subpoena; the name of the witness; the date, time, and place of service; and the name, title, and county of residence of the person executing such service. Such person shall then mail or hand-deliver the original subpoena to the person designated in the subpoena.

(4) Receipt of testimony and materials. The testimony of a subpoenaed witness shall, at the option of the commissioner and at least one member of the board, be taken in the presence of a certified shorthand reporter having the authority to lawfully administer an oath pursuant to the Government Code, §52.025(b), or in the presence of a notary public having the authority to lawfully administer an oath pursuant to the Government Code, §406.016. The shorthand reporter's fee shall be paid by the Texas Department of Insurance. Any materials received from a witness shall be properly marked and noted by the shorthand reporter. A witness may make originals available for copying instead of relinquishing originals, provided that the originals remain available for comparison.

(5) Designated representatives. Where testimony or materials are required from a firm, corporation, partnership, organization, association, trust, or other legal entity, the subpoena shall direct such entity to designate one or more officers, directors, managers, or partners to testify and produce materials on its behalf. The person or persons so designated shall testify as to matters known or reasonably known to the organization and shall produce requested materials in the actual and constructive possession of the organization.

Source Note: The provisions of this §1.36 adopted to be effective January 1, 1976; amended to be effective July 13, 1984, 9 TexReg 3651; amended to be effective August 23, 1988, 13 TexReg 3875; amended to be effective July 30, 1992, 17 TexReg 5086.