Current through Reg. 49, No. 38; September 20, 2024
(a) All requests for hearing in which the
Texas Education Agency (the agency) is a petitioner or respondent shall be
heard by the State Office of Administrative Hearings (SOAH).
(b) In hearings in which the agency is not
the petitioner, petitions for review or requests for hearing shall be filed
with the commissioner within 30 calendar days after the decision, order, or
ruling complained of is first communicated to the petitioner, except as
otherwise provided by law or agency rule.
(c) The agency's division responsible for
hearings and appeals shall transmit the petition for review or request for
hearing and a request to docket the hearing to SOAH.
(d) The agency administrative law judge may
issue subpoenas if the requirements of Texas Government Code, §
2001.089,
are met. To obtain a subpoena, the moving party shall meet the following
requirements.
(1) The motion shall set forth
good cause for the issuance of the subpoena. The statement of good cause must
be more than a conclusory statement that the witness' testimony is reasonably
calculated to lead to the discovery of admissible evidence. The statement
should specify how the requested testimony is likely to lead to admissible
evidence concerning a particular issue in the case, including a statement of
the operative facts.
(2) The motion
shall contain a statement that counsel or the party, if not represented by
counsel, has dedicated funds sufficient to pay a witness or deponent who is not
a party to the case, the amount required under Texas Government Code, §
2001.103,
and will tender that amount to the witness or deponent no later than
immediately following testimony or when the witness or deponent is
released.
(3) If a party requests a
witness to bring documents or objects, the motion should specifically identify
the documents or objects and specify the good cause for each document or
object.
(4) Motions to quash
subpoenas must be filed with the SOAH.
(e) In cases where discovery is appropriate,
the agency administrative law judge may issue a commission for deposition in
accordance with Texas Government Code, §
2001.094.
(1) The commission for deposition allows the
court reporter to issue subpoenas necessary to require that witnesses appear
and produce books, records, papers, or other objects necessary and proper for
the purposes of the proceeding.
(2)
To obtain a commission for deposition, the party shall file a motion that sets
forth good cause for obtaining a commission for deposition. The statement of
good cause must be more than a conclusory statement that such discovery is
reasonably calculated to lead to the discovery of admissible evidence. The
statement should set forth a statement of the operative facts.
(3) The motion shall contain a statement that
counsel or the party, if not represented by counsel, has dedicated funds
sufficient to pay a deponent, who is not a party to the case, the amount
required under Texas Government Code, §
2001.103,
and will tender that amount to the witness or deponent no later than
immediately following testimony or when the witness or deponent is
released.
(4) If a party requests a
witness to bring documents or objects, the motion should specifically identify
the documents or objects and specify the good cause for each document or
object. The motion should also identify the time and place for the
deposition.
(5) Motions to quash
depositions must be filed with the SOAH.