(a) A person who is not a party and is compelled to attend any hearing or proceeding or to produce books, records, papers, or other objects is entitled to receive reimbursement of expenses as provided in the APA. A witness or deponent who is a department employee may receive reimbursement for expenses only to the extent allowed by applicable law and commission policy.
(b) The party at whose request a witness appears or a deposition is taken shall pay the expenses to which the witness or deponent is entitled under this section, on presentation of proper vouchers sworn by the witness or deponent and approved by the judge. On the party's payment of those expenses, the department will return to the party the certified check filed with the request for subpoena or commission under §1.33 of this subchapter (relating to Issuance of Subpoena or Commission to Take Deposition).

Source Note: The provisions of this §1.35 adopted to be effective November 18, 2010, 35 TexReg 10053