[Code of Federal Regulations]
[Title 28, Volume 2]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 28CFR68.22]

[Page 226-227]
 
                    TITLE 28--JUDICIAL ADMINISTRATION
 
              CHAPTER I--DEPARTMENT OF JUSTICE (Continued)
 
 PART 68--RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE ADMINISTRATIVE LAW JUDGES IN CASES INVOLVING ALLEGATIONS OF UNLAWFUL EMPLOYMENT OF 
ALIENS, UNFAIR IMMIGRATION-RELATED EMPLOYMENT PRACTICES, AND DOCUMENT FRAUD--Table of Contents
 
Sec. 68.22  Depositions.

    (a) Notice. Any party desiring to take the deposition of a witness 
shall give notice in writing to the witness and other parties of the 
time and place of the deposition, and the name and address of each 
witness. If documents are requested, the notice shall include a written 
request for the production of documents. Not less than ten (10) days 
written notice shall be given when the deposition is to be taken within 
the continental United States, and not less then twenty (20) days 
written notice shall be given when the deposition is to be taken 
elsewhere, unless otherwise permitted by the Administrative Law Judge or 
agreed to by the parties.
    (b) When, how, and by whom taken. The following procedures shall 
apply to depositions:

[[Page 227]]

    (1) Depositions may be taken by oral examination or upon written 
interrogatories before any person having power to administer oaths. The 
party taking a deposition upon oral examination shall state in the 
notice the method by which the testimony shall be recorded. Unless the 
Administrative Law Judge orders otherwise, it may be recorded by sound, 
sound-and-visual, or stenographic means, and the party taking the 
deposition shall bear the cost of the recording. Any party may arrange 
for a transcription to be made from the recording of a deposition taken 
by non-stenographic means.
    (2) Each witness testifying upon deposition shall testify under oath 
and any other party shall have the right to cross-examine. The questions 
asked and the answers thereto, together with all objections made, shall 
be recorded as provided by paragraph (b)(1) of this section. The person 
administering the oath shall certify in writing that the transcript or 
recording is a true record of the testimony given by the witness. The 
witness shall review the transcript or recording within thirty (30) days 
of notification that it is available and subscribe in writing to the 
deposition, indicating in writing any changes in form or substance, 
unless such review is waived by the witness and the parties by 
stipulation.
    (c) Motion to terminate or limit examination. During the taking of a 
deposition, a party or deponent may request suspension of the deposition 
on grounds of bad faith in the conduct of the examination, oppression of 
a deponent or party, or improper questions asked. The deposition will 
then be adjourned. However, the objecting party or deponent must 
immediately move the Administrative Law Judge for a ruling on his or her 
objections to the deposition conduct or proceedings.

[Order No. 2203-99, 64 FR 7076, Feb. 12, 1999]