(a) Except in TCEQ and PUC cases, requests for issuance of subpoenas or commissions shall be directed to the referring agency. Any such requests shall comply with the APA and the applicable agency procedure, if any, regarding issuance of subpoenas or commissions.

(b) In TCEQ and PUC cases, requests for issuance of subpoenas or commissions shall be submitted in accordance with those agencies’ rules.

(c) Disputes over whether a request complies with applicable law should be presented to the judge in a motion filed pursuant to 155.259 of this chapter.

The provisions of this 155.257 adopted to be effective January 1, 2017, 41 TexReg 8593.