NAC618.6367. Discovery.

     1. A party may take the deposition of a witness if the witness will not be able to attend the hearing or if some other good reason exists for taking his or her deposition. A deposition may be taken orally or upon written interrogatories before any person who is designated by the Administrator and who has the power to administer oaths.

     2. Any party desiring to take the deposition of a witness must make written application to the Administrator, setting forth:

     (a) The reasons why the deposition should be taken;

     (b) The time and place for taking the proposed deposition;

     (c) The person before whom the deposition would be taken;

     (d) The name and address of the witness; and

     (e) The subject on which the witness is expected to testify.

     3. The party taking the deposition shall give the other parties such notice as the Administrator may order.

     4. Each witness testifying by deposition must be sworn and the parties not calling the witness may cross-examine him or her.

     5. The questions propounded and answers thereto, together with all objections made, must be reduced to writing, read to the witness, subscribed by the witness and certified by the officer before whom the deposition is taken. The officer shall enclose two copies of the deposition in an envelope, seal the envelope and send it by registered mail to the hearing officer.

     6. Subject to such objections to questions and answers as were noted at the time of taking the deposition and would be valid were the witness personally present and testifying, the party who has taken a deposition may read it at the hearing and offer it in evidence against any party who was present or represented at the taking of the deposition, or who had due notice thereof. No part of a deposition may be admitted in evidence unless the person offering it shows that the reasons for taking the deposition in the first instance exist at the time of the hearing.

     7. Whenever appropriate to a just disposition of any issue in a hearing, the Administrator will allow discovery by a method other than the taking of a deposition, as by written interrogatories, request for production of documents, or request for permission to inspect the place of employment.

     (Added to NAC by Div. of Occupational Safety & Health, eff. 8-26-83)