(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.
(c) Failure to Comply with Subpoena. If a person fails to comply with a subpoena, the division, acting through the attorney general, or the party requesting the subpoena, may bring suit to enforce the subpoena in a district court in Travis County. This remedy is not exclusive. The division may enforce the subpoena in any manner permitted by the Act, the APA, or division rules.
The provisions of this §148.10 adopted to be effective June 9, 2005, 30 TexReg 3237; amended to be effective July 27, 2014, 39 TexReg 5608.