§ 35.148. Officer before whom deposition is taken.
(a) Within the United States. Depositions may be taken before the agency head, a member of a board or commission comprising the agency, a presiding officer or other authorized representative of the agency, a notary public or another person authorized to administer oaths not being counsel or attorney for a participant, or interested in the proceeding or investigation, according to the designation as may be made in the authorization.
(b) In foreign countries. Where the deposition is taken in a foreign country, it may be taken before a secretary of an embassy or legation, consul general, consul, vice consul or consular agent of the United States, or before the person or officer as may be designated in the authorization or agreed upon by the participants by stipulation in writing filed with and approved by the agency head or the presiding officer.
Cross References This section cited in 1 Pa. Code § 31.3 (relating to definitions); 1 Pa. Code § 35.137 (relating to oral examination); 4 Pa. Code § 89.31 (relating to investigation); 4 Pa. Code § 265.3 (relating to level II hearings); 4 Pa. Code § 607a.13 (relating to subpoenas); 7 Pa. Code § 179.16 (relating to limited discovery); 25 Pa. Code § 1021.102 (relating to discovery); 34 Pa. Code § 131.62 (relating to oral depositions); 34 Pa. Code § 131.63 (relating to time for taking oral depositions); 34 Pa. Code § 131.64 (relating to notice of oral depositions); 34 Pa. Code § 131.65 (relating to objections to taking of oral depositions); 34 Pa. Code § 131.68 (relating to discovery of records); 34 Pa. Code § 131.67 (relating to expenses of taking depositions); 34 Pa. Code § 131.70 (relating to discovery of statements of parties or witnesses); 40 Pa. Code § 15.49 (relating to deposition); 52 Pa. Code § 5.346 (relating to persons before whom depositions may be taken); 52 Pa. Code § 1005.162 (relating to depositions); 55 Pa. Code § 41.120 (relating to limitations on scope of discovery); 58 Pa. Code § 493a.11 (relating to discovery); and 61 Pa. Code § 702.5 (relating to oaths).
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