Current through Register Vol. 54, No. 45, November 9, 2024
Section 95.94 - Depositions(a) Witnesses at hearings shall be examined orally under oath or affirmation, and a record of the proceeding shall be made and kept by the Board. If a witness resides outside this Commonwealth or through illness or other cause is unable to testify before the Board, its members or hearing examiner conducting the hearing or investigation, his testimony may, upon application, be taken by deposition.(b) Applications to take depositions under this section shall be in writing or may be made orally at a hearing. The application shall set forth the reasons why the depositions should be taken, the name and post office address with zip code of the witness, and the time and place proposed for the taking of the deposition. The Board, any of its members or hearing examiner, as the case may be, may, upon the application, issue an order allowing the taking of the deposition. The order shall be served on the parties. The deposition may be taken before an officer authorized to administer oaths by the laws of the Commonwealth or of the United States or of the place where the examination is held, including an agent of the Board authorized to administer oaths.(c) During the depositions, objections to questions or evidence shall be deemed waived unless made at the examination of the witness. The officer may not rule upon objections but shall note them on the deposition. The testimony shall be subscribed by the witness in the presence of the officer who shall attach his certificate stating that the witness was sworn or affirmed by him, that the deposition is a true record of the testimony and exhibits given by the witness, and that the officer is not of counsel or attorney to any of the parties nor interested in the outcome of the proceeding or investigation. If the deposition is not signed by the witness because he is ill, dead, cannot be found or refuses to sign it, that fact shall be included in the certificate of the officer and the deposition may then be used as fully as though signed. The officer shall immediately deliver an original and a copy of the transcript, together with his certificate, in person or by United States mail to the Board, its members or hearing examiner, as the case may be. The hearing examiner shall rule upon the admissibility of the deposition or any part of the deposition.(d) Errors or irregularities in compliance with this section shall be deemed waived unless a motion to suppress the deposition or some part of it is made with reasonable promptness after the defect is ascertained or, with due diligence, might have been ascertained.(e) Subsection (a) supersedes 1 Pa. Code §§35.137 and 35.145 (relating to oral examination; and depositions); subsection (b) supersedes 1 Pa. Code §§35.146 and 35.147 (relating to notice and application; and authorization of taking deposition); subsection (c) supersedes 1 Pa. Code §35.150 (relating to scope and conduct of examination).The provisions of this §95.94 adopted October 23, 1970, effective 10/24/1970, 1 Pa.B. 419; amended April 4, 1980, effective 4/5/1980, effective only for hearings conducted after April 5, 1980, 10 Pa.B. 1435. This section cited in 34 Pa. Code § 93.31 (relating to hearings).