Texas Administrative Code › Title 28 - INSURANCE › Part 2 - TEXAS DEPARTMENT OF INSURANCE, DIVISION OF WORKERS' COMPENSATION › Chapter 49 - PROCEDURES FOR FORMAL HEARINGS BY THE BOARD › Subchapter B - SPECIAL FORMAL AND OTHER INVESTIGATIVE HEARINGS › Section 49.165 - Subpoenas and Subpoenas Duces Tecum

Current through Reg. 49, No. 28; July 12, 2024
(a) Upon
				  its own motion, or upon the written request of any party to a hearing, the
				  board member presiding over the scheduled hearing may issue a subpoena for
				  attendance of a witness or issue a subpoena duces tecum in order to examine any
				  part of the books, files, and records of the parties or other witnesses as
				  relate to the matters in dispute.
(b) It is urged that all requests for
				  subpoenas be promptly made and correctly identify the name and address of the
				  person to be subpoenaed, and a description of the books, record, etc., to be
				  produced by subpoena duces tecum.
(c) Although the board will issue a subpoena
				  upon request and in accordance with this rule, the requesting party should be
				  aware the board is unable to enforce its subpoena authority unless the request
				  is accompanied by $1.00 cash for each subpoena to be served, and, in addition,
				  the party requesting the subpoena may be called upon to pay witness travel
				  expense pursuant to Texas Civil Statutes, Article 3708.
(d) No subpoena will be directed to a witness
				  residing more than 100 miles from the county courthouse in the county where the
				  hearing is held.
(e) A true copy of
				  the request for subpoena/subpoena duces tecum shall be promptly mailed by the
				  requesting party to all other parties to the hearings.
(f) Any objection to a subpoena or to a
				  subpoena duces tecum, or any portion thereof, shall be made in writing to the
				  board member conducting the hearing and shall state with certainty the grounds
				  of objection. If the written objection is presented to the board not less than
				  seven days prior to the hearing, then a majority of the board shall rule upon
				  the same. If presented less than seven days in advance of the hearing, or at
				  the time of the hearing, the objection may be determined by the board member
				  scheduled to conduct the hearing.
(g) Any subpoena duces tecum issued by the
				  board, or any member thereof, shall be restricted in the documents,
				  instruments, and other writings discoverable thereby, to the provisions of the
				  Texas Rules of Civil Procedure, Rule 186a, as now written, or hereafter
				  amended. In the event of an unresolved dispute concerning the applicability of
				  a subpoena duces tecum to a particular document, instrument, or other writing,
				  the board or board member conducting the hearing shall examine the instrument
				  in camera to determine whether or not the same is discoverable in whole or in
				  part.
(h) Insofar as practicable,
				  and also in conformity with the board rules herein provided, Rules 176, 177,
				  177a, 178, and 179 of the Texas Rules of Civil Procedure, as now written, or
				  hereafter amended, shall be applicable to subpoena practice before the
				  board.