Cal. Code Regs. tit. 8 § 32169

Current through Register 2024 Notice Reg. No. 45, November 8, 2024

Section 32169 - Depositions

The Board may order the taking of testimony of a material witness within or outside the State by deposition in the manner prescribed for civil actions only upon the filing of an application by a party showing that:

(a) The witness is unable to attend the hearing because of illness, infirmity or imprisonment; or

(b) The witness cannot be compelled to attend the hearing by subpoena. The application shall state the case number, name and address of the witness, show the materiality of the testimony, and shall request an order requiring the witness to appear and testify before a named officer authorized by law to take depositions. Where the witness resides outside the State and the Board has authorized a deposition of the witness, the Board shall obtain an order of the Superior Court in Sacramento County for that purpose pursuant to Section 11189 of the Government Code.

Cal. Code Regs. Tit. 8, § 32169

Note: Authority cited: Sections 3509(a), 3513(h), 3524.52(a), 3541.3(g), 3551(a), 3555.5(c), 3563(f), 3603, 71639.1(b) and 71825(b), Government Code; and Sections 28849(b), 30751, 40122, 40122.1(a), 70122, 90300, 98162.5, 99561(f), 100301, 101344, 102399(b), 102403, 103401, 120505, 125521, Appendix 1, Section 4.4 and Appendix 2, Section 13.91, Public Utilities Code. Reference: Sections 3509, 3513(h), 3524.52(a), 3541.3(h), 3551(a), 3555.5(c), 3563(g), 71639.1 and 71825, Government Code; and Sections 25052, 28849(b), 28851, 37051, 40122, 40122.1(a), 50121, 70122, 90300, 95651, 98162.5, 99561(g), 100301, 101344, 102399(b), 102403, 103401, 120505, 125521, Appendix 1, Section 4.4 and Appendix 2, Section 13.91, Public Utilities Code.

Note: Authority cited: Sections 3509(a), 3513(h), 3524.52(a), 3541.3(g), 3551(a), 3555.5(c), 3563(f), 71639.1(b) and 71825(b), Government Code; and Section 99561(f), Public Utilities Code. Reference: Sections 3509, 3513(h), 3524.52(a), 3541.3(h), 3551(a), 3555.5(c), 3563(g), 71639.1 and 71825, Government Code; and Section 99561(g), Public Utilities Code.

1. Renumbering of former section 32160 to new section 32169 filed 3-18-2013; operative 7-1-2013 (Register 2013, No. 12).
2. Amendment of Note filed 12-6-2013 as an emergency; operative 12-6-2013 pursuant to Government Code section 110035.5 (Register 2013, No. 51). This regulatory action is deemed an emergency exempt from OAL review and was filed directly by the agency with the Secretary of State pursuant to Government Code section 110035.5. A Certificate of Compliance must be transmitted to OAL by 6-4-2014 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 12-6-2013 order transmitted to OAL 5-29-2014 and filed 7/10/2014 (Register 2014, No. 28).
4. Change without regulatory effect amending Note filed 5-8-2018 pursuant to section 100, title 1, California Code of Regulations (Register 2018, No. 19).
5. Amendment of Note filed 12-27-2019; operative 4/1/2020 (Register 2019, No. 52).
6. Amendment of Note filed 4-18-2023; operative 7/1/2023 (Register 2023, No. 16).
7. Amendment of NOTE filed 6-5-2024; operative 10/1/2024 (Register 2024, No. 23).