(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.
The provisions of this § 49.165 adopted to be effective November 8, 1983, 8 TexReg 4494.