(a) Upon proper request by a party, the judge shall issue subpoenas and commissions to take depositions according to the APA. A request for issuance shall be filed with the chief clerk, and a copy shall be served on the judge and the parties.
(b) Before seeking issuance of either a subpoena or commission, the requestor shall attempt to secure voluntary appearance of the witness or production of materials. If this is not possible, the requestor shall indicate what circumstances prevent such voluntary appearance or production in the request.
(c) If the requestor and witness sign an Agreement to Waive Fee form, subpoenas and commissions may be issued without a witness fee deposit. Only a non-party witness or deponent is entitled to receive this fee to the extent provided in §80.21 of this title (relating to Witness Fees).
(d) If the witness fee is not waived, the requestor shall make the witness fee deposit in the appropriate amount as indicated on the forms requesting issuance. This amount is based on an estimate of the mileage to be traveled to and from the hearing or deposition, if over 25 miles, and days expected to be spent in the hearing or deposition. This deposit should be made payable to the commission and should be filed with chief clerk and must be made before issuance of the subpoena or commission.
(e) Upon deposit of all necessary monies and completion of all forms, the subpoena or commission shall be issued to the requestor to effect service.
(f) If a subpoena or commission to take deposition is served on an agency employee, the executive director's legal staff may participate in defending the deposition.

Source Note: The provisions of this §80.153 adopted to be effective June 6, 1996, 21 TexReg 4763; amended to be effective November 15, 2001, 26 TexReg 9105