| (a) Governing statute. The taking and use of depositions in
any proceeding shall be governed by APA. A request to issue a commission for
deposition shall be filed no later than five working days before the date
of the deposition. Issuance of a commission for deposition is a ministerial
act and does not preclude requests for issuance of a protective order pursuant
to §22.142 of this title (relating to Limitations on Discovery and Protective
Orders).
(b) Deposition by agreement. Upon agreement of the parties,
parties may waive the requirement of issuance of a commission. All parties
shall be given no less than three working days notice of depositions, including
the person to be deposed, the date, time, and place of the deposition, and
the subject of the deposition.
(c) Copy to be provided. Upon receipt of a transcript of the
deposition by the party, the party conducting the deposition shall provide
a copy of the transcript to commission staff .
(d) Agreements. An agreement affecting a deposition upon oral
examination is also enforceable if the agreement is recorded in the deposition
transcript.
|
| Source Note: The provisions of this §22.143 adopted to be effective November 1, 1993, 18 TexReg 6641; amended to be effective August 13, 1998, 23 TexReg 8038; amended to be effective March 26, 2001, 26 TexReg 2351 |
