Current through Reg. 49, No. 38; September 20, 2024
(a) Definitions. The following words and
terms, as used in this chapter, shall have the following meanings, unless the
context clearly indicates otherwise:
(1)
Evidence - Testimony or documents, including books, papers, and tangible
things.
(2) Service - Delivery of a
subpoena by an authorized individual to the person to whom it is
addressed.
(3) Subpoena - A
division order issued by the administrative law judge requiring a person to
attend or to produce evidence at a deposition (deposition subpoena) or at a
hearing (hearing subpoena).
(b) How issued. The division may issue a
subpoena:
(1) on its own motion; or
(2) at the request of a party, if the
administrative law judge determines the party has a good cause.
(c) Request for subpoena. A party
may request a subpoena in the following manner:
(1) If the requester is a carrier, carrier
representative, claimant represented by an attorney, or claimant assisted by
OIEC, the request shall:
(A) be in
writing;
(B) identify the evidence
to be produced, and explain why it is relevant to a disputed issue;
(C) state whether the subpoena is for a
deposition or a hearing;
(D) be
sent to the division; and
(E) be
delivered to all parties, as provided by §
142.4
of this chapter (relating to Delivery of Copies to All
Parties).
(2) A claimant
who is neither represented by an attorney nor assisted by OIEC may request a
subpoena by contacting the division in any manner, and may also request the
division to arrange for service, if service will be at no cost to the
division.
(d) Special
provisions for hearing subpoenas. A request for a hearing subpoena shall be
sent to the division and delivered to the parties, as provided by §
142.4
of this chapter (relating to Delivery of Copies to All Parties), no later than
10 days before the hearing. The administrative law judge may deny a request for
a hearing subpoena upon a determination that the testimony may be adequately
obtained by deposition or written affidavit.
(e) Service. Upon granting a request and
issuing a subpoena, the administrative law judge shall:
(1) return it to the requester for service,
according to §176.5, Texas Rules of Civil Procedure; or
(2) send it to the appropriate sheriff or
constable, or any person who is not a party and is 18 years of age or older for
service, if a claimant who is neither represented by an attorney nor assisted
by OIEC has requested the division to arrange for service, as provided by
subsection (c)(2) of this section.
(f) Costs.
(1) Except as provided by subsection (c)(2)
of this section, the party requesting the subpoena is responsible for all costs
associated with the subpoena, including service, witness fees, and
mileage.
(2) A witness or deponent
who is not a party and who is subpoenaed or otherwise compelled to attend a
hearing or deposition to give testimony or produce documents is entitled to
receive from the party requesting the subpoena:
(A) a fee of $30 a day for each day or part
of a day the person is necessarily present as a witness or deponent;
(B) mileage at the rate set for state
employees in the General Appropriations Act, for going to and returning from
the place of the hearing or the place of the deposition, if the place is more
than 25 miles from the person's place of residence; and
(C) fees for providing expert testimony
relating to medical issues shall be paid according to guidelines established by
the division pursuant to the Texas Labor Code, Chapter 413.
(g) A subpoena may be
enforced in the manner provided by the Government Code §
2001.201
and the Texas Labor Code.
