[Code of Federal Regulations]

[Title 24, Volume 1]

[Revised as of April 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 24CFR26.18]



[Page 285]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

PART 26_HEARING PROCEDURES--Table of Contents

 

               Subpart A_Hearings Before Hearing Officers

 

Sec.  26.18  Depositions.



    (a) General. A party may take the oral deposition of any person. 

Upon refusal and, after a showing of good cause, a hearing officer may 

issue an order compelling a party or its agents to appear for 

deposition.

    (b) Procedure. Reasonable written notice of deposition shall be 

served upon the opposing party and the deponent. The attendance of a 

deponent may be compelled by subpoena where authorized by law.

    (c) Objections. Each person testifying on oral deposition shall be 

placed under oath by the person before whom the deposition is taken. The 

deponent may be examined and cross-examined. Objection may be made at 

hearing to receiving in evidence any deposition or part of it for any 

reason which would require the exclusion if the witness were then 

present and testifying. The questions and the answers, together with all 

objections made, shall be recorded by the person before whom the 

deposition is to be taken, or under that person's direction.

    (d) Submission to deponent. A transcript of the deposition shall be 

submitted to the deponent for examination and signature, unless 

submission is waived. Any changes in form or substance which the 

deponent desires to make shall be entered upon the transcript by the 

person before whom the deposition was taken, with a statement of reasons 

given by the deponent for making them. The transcript shall then be 

signed by the deponent, unless the parties by stipulation waive the 

signing or the deponent is ill, cannot be found, or refuses to sign. If 

the transcript is not signed, the person before whom the deposition was 

taken shall sign it and state on the record the reason that it is not 

signed.

    (e) Certification and filing. The person before whom the deposition 

was taken shall certify on the transcript as to its accuracy. The 

original transcript and exhibits shall be sent by mail to the hearing 

officer unless otherwise directed in the order authorizing the taking of 

the deposition. Interested parties shall make their own arrangements 

with the person recording the testimony for copies of the testimony and 

the exhibits.

    (f) Deposition as evidence. Subject to appropriate rulings by the 

hearing officer on objections, the deposition or any part may be 

introduced into evidence for any purpose if the deponent is unavailable. 

Only that part of a deposition which is received in evidence at a 

hearing shall constitute a part of the record in the proceeding upon 

which a decision may be based. Nothing in this rule is intended to limit 

the use of a deposition for impeachment purposes.

    (g) Payment of fees. Fees shall be paid by the person upon whose 

application the deposition is taken.