(a) In accordance with Texas Government Code, §2001.089, any party may request to subpoena witnesses or require the production of documents related to the subject matter of the hearing by filing the subpoena with the Office of the General Counsel for action by the Commission's Executive Director, with the appropriate copy served to the opposing party.
(b) The Executive Director, on motion by any party, may:
  (1) subpoena any person to appear and testify and to produce certain documents or other tangible items at an oral hearing;
  (2) commission the taking of an oral deposition in the witness' county of residence or county where the witness does business and require production of certain documents or other tangible items at the time of deposition; and
  (3) order any party to allow entry upon property under the party's control for the purpose of doing any act or making any inspection not protected by privilege and reasonably calculated to lead to the discovery of evidence material to the contested case.

Source Note: The provisions of this §401.216 adopted to be effective April 28, 1992, 17 TexReg 2781; transferred effective December 27, 1993, as published in the Texas Register January 4, 1994, 19 TexReg 78; amended to be effective March 31, 2010, 35 TexReg 2555