Texas Register, Volume 2, Number 12, Pages 507-562, February 11, 1977 Page: 519
507-562 p. ; 28 cm.View a full description of this periodical.
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519
the officer taking the oral deposition may not sustain
objections to any of the testimony taken, or exclude any
of it. The objections of the parties or attorneys engaged
in taking testimony shall be reserved for determination
by the presiding officer. The presiding officer is not
confined to objections made at the taking of testimony.
When the testimony is fully transcribed, the deposition
shall be submitted to the witness for examination and
read to or by the witness, unless the examination and
reading are waived by the witness and by the parties in
writing. However, if the witness is a party to the con-
tested case pending before the agency and has an at-
torney of record in writing by registered or certified
mail that the deposition is ready for examination and
reading at the office of the deposition officer, and if the
witness does not appear and examine, read, and sign
the deposition within 20 -days after the mailing of the
notice, the deposition shall be returned as provided in
these rules for unsigned depositions. In any event, the
witness shall sign the deposition at least three days
prior to the hearing, or it shall be returned as provided
in these rules for unsigned depositions. Any changes in
form or substance which the witness desires to make
shall be entered on the deposition by the officer with a
statement of the reasons given by the witness for mak-
ing them. The deposition shall then be signed by the
witness, unless the parties present at the taking of the
deposition by stipulation waive the signing or the wit-
ness is ill, cannot be found, or refuses to sign. If the
deposition is not signed by the witness, the officer shall
sign it and state on the record the fact of the waiver, ill-
ness, or absence of the witness or the fact of the refusal
to sign, together with the reason, if any, given for the
failure to sign. The deposition may then be used as fully
as though signed.
Any deposition may be returned to the agency either by
mail, or by a party interested in taking the deposition,
or by any other person. If returned by mail, the aency
shall endorse on the deposition that it was received
from the post office and shall cause the agency
employee so receiving the deposition to sign it. If not
sent by mail, the person delivering it to the agency shall
make affidavit before the agency that, he received it
from the officer before whom it was taken, that it has
not been out of his possession since, and that it has un-
dergone no alteration.
A deposition, after being filed with the agency, may be
opened by any employee of the agency at the request of
either party or his attorney. The employee shall en-
dorse on the deposition on what day and at whose re-
quest it was opened, sign the deposition, and it shall re-
main on file with the agency for the inspection of any
party. Regardless of whether cross interrogatories
have been propounded, any party is entitled to use the
deposition in the contested case pending before the
agency.A witness or deponent who is not a party and who is
subpoenaed or otherwise compelled to attend any hear-
ing or proceeding to give a deposition or to produce
books, records, papers, or other objects that may be nec-
essary and proper for the purposes of any proceeding
under the authority of the act is entitled to receive:
(a) mileage of not less than 10 cents a mile for
going to and returning from the place of the hearing or
the place where the deposition is taken, if the place is
more than 25 miles from the person's place of resi-
dence; and
(b) a fee of not less than $10 a day for each day or
part of a day the person is necessarily present as a wit-
ness or deponent.
Mileage and fees to which a witness is entitled under
this section shall be paid by the party at whose request
the witness appears or the deposition is taken, on pre-
sentation of proper vouchers sworn by the witness and
approved by the agency. In the case of failure of a per-
son to comply with a subpoena or commission issued by
the agency,the agency may take any action-provided by
law.
Should a party arbitrarily and capriciously refuse to
answer questions during a deposition, the party taking
the deposition may recess the deposition and request
the presiding officer to compel answers. Should the
party still refuse to answer. the presiding officer may
take further appropriate action.
.134. Interrogatories to Parties. Any time after the
agency has properly served notice of its intention to in-
stitute adjudicative proceedings in a contested case,
any party may serve upon any other party written in-
terrogatories to be answered by the party served or, if
the party served is a public or private corporation or a
partnership or association, by any officer or agent
thereof, who shall furnish such information as is
available to the party. The interrogatories shall be
answered separately and fully in writing under oath.
The answers shall be attested to by the person making
them. The party upon whom the interrogatories have
been served shall serve a copy of the answers on the
party submitting the interrogatories within the time
specified by the party serving the interrogatories which
specified time shall not be less than 15 days after the
service of the interrogatories, unless the presiding of-
ficer, on motion and notice and for good cause shown,
enlarges or shortens the time.
Whenever a party is represented by an attorney, serv-
ice of interrogatories and answers to interrogatories
shall be made on the attorney. True copies of the inter-
rogatories and of any answers shall be served on all
other parties or their attorneys at the time that any in-
terrogatories or answers are served, and a true copy of
each shall be promptly filed with the chief clerk or the
hearings reporter. Provided, however, that not moreVolumer 2. Numb,hr 12. l'Ebruarv 11, 1977
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Texas. Secretary of State. Texas Register, Volume 2, Number 12, Pages 507-562, February 11, 1977, periodical, February 11, 1977; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth252905/m1/13/: accessed July 18, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.