Section 224.13 - Discovery(a) Party Cooperation. The parties and their authorized representatives shall cooperate in discovery and shall endeavor to make any agreement reasonably necessary for the efficient disposition of the contested case.(b) Discovery Request. A party may request that the department issue a commission or a subpoena if the parties cannot agree, or a contested case requires testimony, documents, or information from a person who is not a party. A party must submit a commission or subpoena request to the department's Office of General Counsel for review.(c) Commission to take a deposition. Upon the written request of a party, the executive director may issue a written commission directed to an officer, authorized by statute, to take a deposition of a witness.(d) Subpoena to produce documents. Upon the written request of a party, the executive director may issue a subpoena for the production of documents. The written request must identify the documents with as much detail as possible and must include a statement of their relevance to the issues in the contested case.(e) Subpoena for attendance at a hearing or a deposition. Upon the written request of a party, the executive director may issue a subpoena for the attendance of a witness at a hearing or a deposition in a contested case. The subpoena may be directed to any person without regard to the distance between the location of the witness and the location of the hearing.(f) The executive director is authorized to delegate the authority to department staff to issue a subpoena and a commission.(g) Limits on discovery. A commission or subpoena will only be issued on a showing of good cause and receipt of a deposit sufficient to ensure payment of expenses and fees related to the subpoena, including statutory witness fees. A commission or subpoena will not be issued if it appears to be duplicative, dilatory, sought for the purpose of harassment, or if it would unduly inconvenience the person to whom it is directed. Issuance of a commission or subpoena will be subject to the provisions of Government Code, Chapter 2001, and SOAH rules.43 Tex. Admin. Code § 224.13
Adopted by Texas Register, Volume 49, Number 17, April 26, 2024, TexReg 2780, eff. 6/1/2024