SECTION 67.103. Subpoenas

(a) The issuance of subpoenas in any Proceeding shall be governed by the subpoena provisions of the APA (Government Code §2001.089). Following written request by a Party or on its own motion, the Executive Director or his/her designee may issue subpoenas addressed to the sheriff or any constable to require the attendance of witnesses and the production of books, records, papers, or other objects as may be necessary and proper for the purposes of a Proceeding. The subpoena may be issued only by the Executive Director or his/her designee.

(b) Motions for subpoenas to compel the attendance or production of witnesses, the production of books, records, papers, or other objects shall be addressed to the Executive Director and shall be verified and supported by a showing of good cause, and shall specify with reasonable particularity the Persons, books, records, papers, or other objects desired and the material and relevant facts to be proven by them.

(c) Subpoenas shall be issued by the Executive Director only after:

(1) the movant has shown good cause that the subpoena should be issued or all of the Parties have agreed pursuant to §67.11 of this chapter (relating to agreements to be in writing) that a subpoena should be issued; and

(2) the movant has deposited sums sufficient to ensure payment of all expenses incident to the subpoenas. Service of subpoenas and payment of witness fees and expenses shall be made in the manner prescribed in the APA §2001.089, §2001.103 and §67.109 of this chapter (relating to witness fees).

Source Note: The provisions of this §67.103 adopted to be effective March 19, 1986, 11 TexReg 1149; amended to be effective January 10, 1999, 24 TexReg 165; amended to be effective September 14, 2006, 31 TexReg 7359; amended to be effective December 24, 2015, 40 TexReg 9302