| (a) Admissibility. When a proceeding will be expedited
and the interests of the parties will not be substantially prejudiced,
direct testimony may be offered in written form. The written testimony
of a witness on direct examination, either in narrative or question
and answer form, may be offered as an exhibit and incorporated into
the record without the written testimony being read. A witness who
is offering written testimony shall be sworn and shall identify the
written testimony as a true and accurate representation of what the
testimony would be if the witness were to testify orally, after which
the witness shall submit to voir dire and cross-examination. Written
testimony shall be subject to the same evidentiary objections as oral
testimony.
(b) Prefiling. The Commission, the Hearings Director,
or an examiner may require or permit written testimony and exhibits
to be filed and served on all parties at a specified date prior to
the hearing. Failure to prefile written testimony and exhibits if
required under this section shall be sufficient cause for the examiner
to rule such evidence, which was to be included in the testimony and
exhibits, inadmissible or for other appropriate action to be taken
as may be just and reasonable.
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