Rule 350-4-.18 - Depositions(1) At any time during the course of a proceeding, the Administrative Law Judge may, in his discretion, order that the testimony of a witness be taken by deposition. Application to take a deposition in lieu of personal appearance at the hearing shall be made by motion. Such motion shall state the name and address of the witness, the time when, the place where, and the subject matter about which the witness would be deposed, the relevance of such testimony, and the specific reason why the witness cannot or will not appear to testify at the hearing.(2) In the exercise of his discretion in deciding whether to order testimony by deposition, the Administrative Law Judge shall consider, among other factors:(a) whether requiring the appearance of a witness subject to subpoena would endanger that person's health or work an undue hardship; and(b) whether ordering the taking of testimony by deposition will result in an undue cost or burden on any other party, an undue delay in the proceedings, or any injury to other parties from the delay.(3) If the Administrative Law Judge orders testimony by deposition, be may specify whether the scope of examination upon deposition should be limited in any way, and if so, how.(4) Subject to appropriate rulings on objections, a deposition shall be received in evidence without the need to be tendered as if the testimony contained therein had been given by the witness before the Administrative Law Judge.(5) Nothing in this Rule shall be read to allow the use of depositions in discovery; provided, however, that if two parties voluntarily agree to discovery by deposition, they will not be prevented from engaging in such deposition or using the testimony or evidence thereby elicited.(6) The cost of a deposition shall be borne by the party requesting it, or according to voluntary agreement of the parties affected by the testimony elicited thereby.Ga. Comp. R. & Regs. R. 350-4-.18
O.C.G.A. Sec. 49-4-142(a), 153.
Original Rule entitled "Depositions" adopted as ER. 350-4-0.4-.18. F. Oct. 5, 1989; eff. Sept. 29, 1989, the date of adoption, to remain in effect for 120 days or until adoption of a permanent Rule superseding said Emergency Rule, as specified by the Agency.Repealed: Permanent Rule of some title adopted. F. Oct. 4, 1989; eff. Nov. 1, 1989, as specified by the Agency.