Discovery

(1) Depositions. (a) For reasons of unavailability or for other good cause shown, the testimony of any witness may be taken by deposition. Depositions may be taken orally or upon written interrogatories before any person designated by the Commissioner and having power to administer oaths. (b) Application(s). Any party desiring to take the deposition of a witness may make application in writing to the Commissioner setting forth: 1. The reasons why such deposition should be taken; 2. The name and address of each witness; VARIANCES FROM OCCUPATIONAL SAFETY AND HEALTH STANDARDS CHAPTER 0800-1-2 3. The subject matter which each witness is expected to testify; and 4. The time, place, and the name and address of the person before whom the deposition is to be taken. (c) Notices. Such notice as the Commissioner may order shall be given by the party taking the deposition to every other party. (d) Taking of Evidence. Each witness testifying upon deposition shall be sworn, and the parties not calling the witness shall have the right to cross-examine the witness. The questions propounded and the answers thereto, together with all objections made, shall be reduced to writing, read to and subscribed by the witness, and certified by the officer before whom the deposition is taken. Thereafter, the officer shall seal the deposition, with two copies thereof, in an envelope and mail same by certified mail to the Commissioner. Subject to such objections to the questions and answers as were noted during the depositions, said deposition may be read and offered in evidence by the party taking it. No part of a deposition shall be admitted in evidence unless there is a showing that the reasons for the taking of the deposition in the first instance existed at the time of the hearing. (2) Other Discovery. Whenever appropriate to a just disposition of any issue in a hearing, the Commissioner may allow discovery by any other appropriate procedure, such as by written interrogatories upon a party, production of documents by a party, or by entry for inspection at the place(s) of employment involved.