The testimony at all hearings shall be in person, except that the parties may use depositions under the same standards as those prescribed by the Kentucky Rules of Civil Procedure. The rules of evidence applicable in civil actions shall apply, and the Trial Commissioner will rule on all evidentiary issues.

Where, in any proceeding, evidence has been taken under oath upon due notice to the Respondent, and at the taking of which Respondent has appeared, either in person or by counsel, or as attorney for any party, a duly certified transcript, videotape or digital recording made by a court reporter or official of a court, of all, or the essential portions, of such proceedings may be used as evidence in any hearing or in any investigation antecedent to or in connection with any disciplinary case involving the same charge, or any charge growing out of the matters connected therewith. Such transcript, tapes, or digital recordings of the record, or parts thereof, may be made a part of the record on any hearing or investigation.