§ 20246. Witnesses and Depositions.

Witnesses shall be examined orally under oath, except that after the issuance of a complaint, testimony may be taken by deposition, if the witness will be unavailable for the hearing within the meaning of Evidence Code Section 240, or where the existence of special circumstances makes it desirable in the interest of justice.

(a) Applications to take depositions shall be in writing, and shall set forth the reasons why such depositions should be taken, the name of the witness, the matters about which the witness is expected to testify, and the time and place proposed for the taking of the deposition. Such application shall be served on the opposing party not less than 10 days prior to the time when it is desired that the deposition be taken.

(b) If the parties so stipulate in writing, depositions may be taken before any person, at any time or place, upon any notice, and in any manner. Depositions so taken may be used to the same extent as depositions taken pursuant to the requirements of this section.

(c) The application shall be made to the executive secretary in triplicate and served pursuant to section 20166 upon the other parties.

(d) The executive secretary may order the deposition taken in the exercise of his or her discretion.

(e) The deposition shall be taken at a time and place and before a person designated by the executive secretary.

(f) The rules governing the manner of taking of depositions shall be the same as those set forth in the Code of Civil Procedure Sections 2016 and following. Where these regulations conflict with the Code of Civil Procedure, these regulations shall govern.

(g) The administrative law judge assigned to preside at the hearing on the complaint shall rule upon the admissibility of the deposition or any part of it. All rulings on objections to the taking of the deposition or any part of it shall be reserved to the administrative law judge at the hearing on the complaint.

HISTORY

1. Editorial correction adding NOTE filed 2-16-83 (Register 83, No. 8).

2. Change without regulatory effect amending subsection (c) filed 11-4-91 pursuant to section 100, title 1, California Code of Regulations (Register 92, No. 12).

3. Amendment of subsection (g) and Note filed 7-8-99; operative 8-7-99 (Register 99, No. 28).

Note

Note: Authority cited: Section 1144, Labor Code. Reference: Section 1160.2, Labor Code.