§ 17.6. Depositions and discovery.

 (a)  Depositions. At the discretion of the Board, sworn depositions may be transcribed and submitted in lieu of testimony at hearing, if the witness is unavailable to testify because of unavoidable absence from the jurisdiction, illness or other compelling reasons.

 (b)  Discovery of documents. At the discretion of the Board, relevant documents may be obtained from an opposing party prior to the hearing.

   (1)  Requests for discovery of documents shall be in writing and shall be served upon the opposing party or legal representative in sufficient time to allow completion of discovery prior to the hearing.

   (2)  If the parties are unable to agree upon a reasonable scope of discovery, requests for discovery shall be forwarded in writing to the Board, which may issue appropriate subpoenas under this title.

 (c)  Supplementation. Subsection (a) supplements 1 Pa. Code §  35.145 (relating to depositions).


   The provisions of this §  17.6 adopted December 27, 1991, effective December 28, 1991, 21 Pa.B. 5935.

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