(1) At anytime during the course of the
proceeding, the presiding officer may, in his discretion, permit the testimony
of a witness to be taken by deposition. Application to take testimony by
deposition shall be made in writing and shall be filed with the Joint Secretary
and served upon all parties to the proceedings, including counsel for the
(2) The application shall
state the name and address of the witness, the subject matter concerning which
the witness is expected to testify, the date, time and place of the proposed
deposition, and the reason why the witness cannot appear and testify before the
agency. The presiding officer may, in his discretion, allow the application
where the circumstances are such that the witness to be deposed cannot appear
before the agency without substantial hardship to the deponent or to the
parties to the case or that testimony by any other method will unduly delay
expeditious completion of the proceedings. An application for the taking of
testimony by deposition shall not be allowed if the deposition would result in
any undue burden to another party or any undue delay of the proceedings. If the
application is allowed, the presiding officer should give notice of the taking
of the testimony by deposition to all parties.
Ga. Comp. R.
& Regs. R. 295-9-.01
Ga. L. 1931, pp. 7, 35,
37, as amended.
Original Rule was filed and
effective as Emergency Rule on March 3, 1976, to remain in effect for a period of 120 days or until the
adoption of a permanent Rule covering the same subject matter superseding this
Amended: Permanent Rule adopted. Filed
March 30, 1976; effective
April 19, 1976.