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§ 50755. Depositions.


Barclays Official California Code of Regulations Currentness
Title 17. Public Health
Division 2. Health and Welfare Agency - Department of Developmental Services Regulations
Chapter 1. General Provisions
Subchapter 7. Fiscal Audit Appeals
Article 3. Formal Hearing
17 CCR § 50755
§ 50755. Depositions.
(a) On verified petition of any party, the hearing officer may order that the testimony of any material witness residing within or without the state be taken by deposition in the manner prescribed by law for depositions in civil actions. The petition shall set forth:
(1) The nature of the pending proceeding;
(2) The name and address of the witness whose testimony is desired;
(3) A showing of the materiality of his/her testimony;
(4) A showing that the witness will be unable or cannot be compelled to attend; and
(5) A request for an order requiring the witness to appear and testify before an officer named in the petition for that purpose.
(b) The hearing officer's order for taking of testimony by deposition from a witness residing out-of-state shall be supported by a court order. The court order shall be obtained by filing a petition in the Superior Court of Sacramento County, in accordance with Section 11189 of the Government Code.
(c) Parties requesting depositions pursuant to this section, shall be liable for actual and reasonable costs arising therefrom.
Note: Authority cited: Section 11152, Government Code; and Sections 4648.2 and 4780.5, Welfare and Institutions Code. Reference: Sections 4629, 4648.1 and 4780.5, Welfare and Institutions Code; and Sections 11180, 11181, 11182, 11184, 11189, 11190, and 11191, Government Code.
1. Renumbering and amendment of former Section 50655 to Section 50755 filed 7-5-88; operative 8-4-88 (Register 88, No. 29).
This database is current through 6/17/22 Register 2022, No. 24
17 CCR § 50755, 17 CA ADC § 50755
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