(a) Subpoenas. Upon the request of a party to a contested case and upon the showing of good cause, a subpoena may be issued by the commissioner or an administrative law judge employed by the department as provided by the APA, §2001.089.
(b) Depositions.
  (1) Issuance of commissions. Upon the request of a party to a contested case and the deposit of the appropriate fees, a commission to take a deposition shall be issued by the commissioner or an administrative law judge employed by the department, as provided by the APA, §2001.094. A commission may be issued for the taking of an oral deposition or a deposition by written questions.
  (2) Requesting a deposition by written questions. A copy of the written questions must be attached and filed with the request for taking of a deposition by written questions.
(c) Order to produce. Upon the filing of a motion to produce in accordance with the APA, §2001.091, the commissioner, the general counsel, or the administrative law judge may issue an order requiring the production of the requested items.

Source Note: The provisions of this §1.23 adopted to be effective January 18, 1991, 16 TexReg 113; amended to be effective August 3, 1993, 18 TexReg 4747; amended to be effective August 23, 1996, 21 TexReg 7656; amended to be effective December 8, 2022, 47 TexReg 8039