Texas Administrative Code › Title 28 - INSURANCE › Part 2 - TEXAS DEPARTMENT OF INSURANCE, DIVISION OF WORKERS' COMPENSATION › Chapter 148 - HEARINGS CONDUCTED BY THE STATE OFFICE OF ADMINISTRATIVE HEARINGS › Section 148.11 - Commissions to Compel Attendance for Deposition

Current through Reg. 49, No. 28; July 12, 2024
(a) Issuance of Commission Requiring
				Deposition. A request for issuance of a commission requiring deposition must be
				directed to the Chief Clerk of Proceedings in the division's central office. On
				the written request of any party in compliance with the requirements set forth
				below, the division must issue a commission addressed to the several officers
				authorized by statute to take depositions in accordance with the requirements
				of Government Code §
									2001.094.
				On the written request of any party in compliance with the requirements set
				forth below the Chief Clerk of Proceedings shall issue a commission to require
				that the witness appear and produce, at the time the deposition is taken,
				books, records, papers, or other objects that may be necessary and proper for
				the purpose of the proceeding.
(b)
				Commission Not Required for a Party. The issuance of a commission requiring
				deposition is not required if the witness is a party or is retained by,
				employed by, or otherwise subject to the control of a party. Service of the
				notice of oral deposition upon the party or the party's representative is
				sufficient.
(c) Deposition of a
				Member of an Agency, Board, or Division. A member of an agency, board, or
				division shall not be deposed after a hearing date has been set.
(d) Requests for Commissions Requiring
				Deposition. A request for a commission requiring deposition must be in writing
				addressed to the Chief Clerk of Proceedings and comply with the following:
(1) The request must include the commission
				requiring deposition sought to be issued prepared for the signature of the
				Chief Clerk of Proceedings.
(2) The
				commission requiring deposition must be addressed to an officer authorized by
				statute to take a deposition in accordance with Government Code §
										2001.094.
				The request must contain the name and address of the applicable officer
				authorized to take the deposition, the date, time and place where either the
				witness is to appear and give testimony or where the written deposition
				responses are to be sent, a detailed description of any items the witness will
				be required to produce, and a statement showing date of execution and return of
				the commission requiring deposition to the Chief Clerk of
				Proceedings.
(3) The request must
				include a good faith itemized estimate of the amount likely to accrue under
				§
										148.20
				of this title (relating to Reimbursement, Travel Expenses, and Fees for
				Witnesses and Deponents) and include a deposit of the same amount as required
				by Government Code §
										2001.094(a).
				The deposit must be made by certified check, money order, or other negotiable
				instrument satisfactory to the division.
(4) The party seeking the commission
				requiring deposition shall coordinate with the other party or parties and with
				the witness to determine a mutually agreeable location and time for the
				attendance of the witness. The request for commission requiring deposition must
				state whether such coordination has been made and whether the proposed location
				and time is by mutual agreement of the parties and witness.
(5) The party seeking the commission
				requiring deposition that includes a requirement for production should
				coordinate with the other party or parties, and with the person from whom
				production is sought, to determine a mutually agreeable location and time for
				the requested production. The request for the commission requiring deposition
				must state whether such coordination has been made and whether the proposed
				location and time is by mutual agreement with the parties and the person from
				whom production is sought.