[Code of Federal Regulations]
[Title 29, Volume 5]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1905.25]

[Page 73]
 
                             TITLE 29--LABOR
 
CHAPTER XVII--OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT 
                                OF LABOR
 
PART 1905_RULES OF PRACTICE FOR VARIANCES, LIMITATIONS, VARIATIONS, 
 
                           Subpart C_Hearings
 
Sec. 1905.25  Discovery.

    (a) Depositions. (1) For reasons of unavailability or for other good 
cause shown, the testimony of any witness may be taken by deposition. 
Depositions may be taken orally or upon written interrogatories before 
any person designated by the presiding hearing examiner and having power 
to administer oaths.
    (2) Application. Any party desiring to take the deposition of a 
witness may make application in writing to the presiding hearing 
examiner, setting forth:
    (i) The reasons why such deposition should be taken;
    (ii) The time when, the place where, and the name and post office 
address of the person before whom the deposition is to be taken;
    (iii) The name and address of each witness; and
    (iv) The subject matter concerning which each witness is expected to 
testify.
    (3) Notice. Such notice as the presiding hearings examiner may order 
shall be given by the party taking the deposition to every other party.
    (4) Taking and receiving in evidence. Each witness testifying upon 
deposition shall be sworn, and the parties not calling him shall have 
the right to cross-examine him. The questions propounded and the answers 
thereto, together with all objections made, shall be reduced to writing, 
read to the witness, subscribed by him, and certified by the officer 
before whom the deposition is taken. Thereafter, the officer shall seal 
the deposition, with two copies thereof, in an envelope and mail the 
same by registered mail to the presiding hearing examiner. Subject to 
such objections to the questions and answers as were noted at the time 
of taking the deposition and would be valid were the witness personally 
present and testifying, such deposition may be read and offered in 
evidence by the party taking it as against any party who was present, 
represented at the taking of the deposition, or who had due notice 
thereof. No part of a deposition shall be admitted in evidence unless 
there is a showing that the reasons for the taking of the deposition in 
the first instance exist at the time of hearing.
    (b) Other discovery. Whenever appropriate to a just disposition of 
any issue in a hearing, the presiding hearing examiner may allow 
discovery by any other appropriate procedure, such as by written 
interrogatories upon a party, production of documents by a party, or by 
entry for inspection of the employment or place of employment involved.