Section 159.103 - Issuance and Service of Subpoenas(a) A party that issues or is granted a subpoena duces tecum shall be responsible for having the subpoena served, and may be required to advance the reasonable costs of reproducing any documents or tangible things requested.(b) A subpoena must be served at least five days before the hearing, and must include a copy of the notice of hearing or other information that is sufficient to notify the witness of how to appear, including instructions and information for joining a videoconference or telephone conference call if applicable.(c) Method of Service. A subpoena must be served by delivering a copy to the witness. The subpoena may be served at any place within the State of Texas by any sheriff or constable of the State of Texas, or any person who is not a party to the case and is 18 years of age or older. A subpoena is served by:(1) hand-delivering a copy of the subpoena to the witness in-person;(2) electronically transmitting a copy of the subpoena to the last known electronic address of the witness, with acknowledgment of receipt; or(3) mailing a copy of the subpoena by certified mail with return receipt requested, or delivering a copy of the subpoena by express delivery service with signature required, to the last known address of the witness unless: (A) the applicant for the subpoena requests in writing that the subpoena not be served by certified mail or express delivery; or(B) there is insufficient time to ensure delivery of the subpoena to the witness five days before the hearing for which the witness is being subpoenaed.(4) If the witness is a party and is represented by an attorney of record in the proceeding, then the subpoena may be served to the witness's attorney by a method described in this section.(5) If the witness is a peace officer, then the subpoena may be served by an accepted method of alternative service established by a peace officer's law enforcement agency.(d) After a subpoena is served upon a witness, the subpoena and the return of service of the subpoena must be filed at SOAH at least three days prior to the hearing. The return must show:(1) the date, time, and manner of service, if served by hand delivery;(2) the acknowledgment of receipt, if served by email;(3) the return receipt if served by certified mail;(4) the signed proof of delivery, if served by express delivery service; or(5) other confirmation as appropriate, if served to a party's attorney or a peace officer's law enforcement agency.(e) A subpoenaed witness whose assigned work location or residence is more than 150 miles from the designated hearing location is entitled to appear by telephone or videoconference.(f) A party seeking the admission of subpoenaed documents or audiovisual evidence at the hearing must prefile the exhibits in advance of the hearing in the manner specified by §159.53 of this chapter.(g) Service upon opposing party. (1) A party that issues a subpoena must serve the opposing party with a copy of the subpoena on the same date it is issued.(2) A party that requests a subpoena from a SOAH judge must serve the opposing party with a copy of the request at the time it is filed with SOAH.(3) When a subpoena has been served, and not less than three days prior to the hearing, a party that has served a subpoena must provide the opposing party with a copy of the return of service.(4) If a party fails to serve a copy of a subpoena or a subpoena return on the opposing party, the subpoena may be rendered unenforceable by the judge.(h) Continuing effect. A properly issued subpoena remains in effect until the judge releases the witness or grants a motion to quash or for protective order. If a hearing is rescheduled and a subpoena is extended, and unless the judge specifically directs otherwise, the party that requested the continuance shall promptly notify any subpoenaed witnesses of the new hearing date and serve a copy of the notice on the opposing party.1 Tex. Admin. Code § 159.103
The provisions of this §159.103 adopted to be effective January 20, 2009, 34 TexReg 330; Amended by Texas Register, Volume 39, Number 49, December 5, 2014, TexReg 9515, eff. 12/10/2014; Amended by Texas Register, Volume 41, Number 49, December 2, 2016, TexReg 9461, eff. 1/1/2017; Amended by Texas Register, Volume 49, Number 31, August 2, 2024, TexReg 5763, eff. 8/4/2024