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 148.10 - Hearings Subpoenas to Compel Attendance and Subpoenas Duces Tecum

Current through Reg. 49, No. 28; July 12, 2024
(a) Issuance of Subpoena. A request for
				issuance of a subpoena shall 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 and upon a showing of good
				cause, the division shall issue a subpoena addressed to the sheriff or any
				constable to require the attendance of a witness and production of books,
				records, paper, or other objects that may be necessary and proper for the
				purpose of the proceedings. The determination of good cause under this section
				shall include consideration of whether the issuance of the subpoena would cause
				undue burden or expense to the person served.
(b) Request for Subpoena. A request for
				issuance of a subpoena must be in writing, addressed to the Chief Clerk of
				Proceedings, contain a showing of good cause, and comply with the following:
(1) The request must include the subpoena
				sought to be issued and be prepared for the signature of the Chief Clerk of
				Proceedings.
(2) The subpoena must
				be addressed to a sheriff or constable for service in accordance with
				Government Code §
										2001.089.
				The request must contain the name and address of the applicable sheriff or
				constable.
(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 §
										2001.089(2)
				(relating to Issuance of Subpoena). The deposit must be made by certified
				check, money order, or other negotiable instrument satisfactory to the
				division.
(4) If the subpoena is
				for the attendance of a witness, the written request and accompanying subpoena
				must contain:
(A) the name, address, and
				title, if any, of the witness;
(B)
				the date, time and place where the person is to appear and give
				testimony;
(C) the docket number of
				the SOAH proceeding; and
(D) a
				statement showing date of execution and return of the subpoena to the Chief
				Clerk of Proceedings.
(5) If the subpoena is for the production of
				books, records, writings, or other tangible items, the written request and
				accompanying subpoena sought must contain:
(A) a specific, detailed description of the
				items sought to be produced;
(B)
				the date, time, and place where the person is to appear and give testimony and
				produce the requested items;
(C)
				the docket number of the proceeding; and
(D) a statement showing date of execution and
				return of the subpoena duces tecum to the Chief Clerk of Proceedings.
(6) The request must contain a
				description of the reasonable steps taken to avoid imposing undue burden or
				expense on the person served.