(1) On petition of any party to a contested
case, the commission may order that the testimony of any material witness may
be taken by deposition in the manner prescribed by law for depositions in civil
actions. The petition shall set forth the name and address of the witness whose
testimony is desired, a showing of the materiality of the testimony of the
witness, and a request for an order that the testimony of such witness be taken
before an officer named in the petition for that purpose. If the witness
resides in Oregon or Washington and is unwilling to appear, the commission may
issue a subpoena, requiring his appearance.
(2) On petition of any party to a contested
case the commission may order that the party be allowed an opportunity to visit
the property that is the subject of a hearing before the commission. The
petition shall set forth the name, address and telephone number of the person
or persons who will visit the property and a showing of the materiality of the
evidence to be obtained from the visit. The applicant, the owner of the
property or a representative shall be entitled to accompany the petitioning
party while on the property and shall be given access to any written report or
notes from the site visit prepared for the petitioning party that is not
subject to protection under the attorney-client privilege.
The commission may allow petitions to
take depositions, for subpoenas, admissions or other forms of discovery
prescribed by law in civil actions upon a showing of necessity and
unavailability by other means. In determining whether to allow the discovery
the commission shall consider:
(a) Whether all
parties are represented by counsel;
(b) Whether undue expense or delay in
bringing the matter to hearing will result;
(c) Whether the discovery will promote the
orderly and prompt conduct of the proceeding; and
(d) Whether the interests of justice will be
Or. Admin. R.
CRGC 1-1987 (Temp), f.
& ef. 9-10-87; CRGC 2-1987, f. 12-7-87, ef. 12-8-87; CRGC 3-1988(Temp), f.
11-17-88, cert. ef. 11-17-88 thru 2-13-89; CRGC 1-1989, f. 3-2-89, cert. ef.
3-7-89; CRGC 3-1989(Temp), f. 10-4-89, cert. ef. 10-4-89; CRGC 1-1990, f. &
cert. ef. 1-16-90; CRGC 2-1990, f. & cert. ef.
Stat. Auth.: ORS
Stats. Implemented: ORS
196.150; RCW 43.97.015; 16
U.S.C. § 544 et seq.