Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part V - Labor Relations Board › Chapter 95 - PUBLIC EMPLOYEES › PROVISIONS FOR FORMAL PROCEEDINGS › Section 95.94 - Depositions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Witnesses at
				  hearings shall be examined orally under oath or affirmation, and a record of
				  the proceeding shall be made and kept by the Board. If a witness resides
				  outside this Commonwealth or through illness or other cause is unable to
				  testify before the Board, its members or hearing examiner conducting the
				  hearing or investigation, his testimony may, upon application, be taken by
				  deposition.
(b) Applications to
				  take depositions under this section shall be in writing or may be made orally
				  at a hearing. The application shall set forth the reasons why the depositions
				  should be taken, the name and post office address with zip code of the witness,
				  and the time and place proposed for the taking of the deposition. The Board,
				  any of its members or hearing examiner, as the case may be, may, upon the
				  application, issue an order allowing the taking of the deposition. The order
				  shall be served on the parties. The deposition may be taken before an officer
				  authorized to administer oaths by the laws of the Commonwealth or of the United
				  States or of the place where the examination is held, including an agent of the
				  Board authorized to administer oaths.
(c) During the depositions, objections to
				  questions or evidence shall be deemed waived unless made at the examination of
				  the witness. The officer may not rule upon objections but shall note them on
				  the deposition. The testimony shall be subscribed by the witness in the
				  presence of the officer who shall attach his certificate stating that the
				  witness was sworn or affirmed by him, that the deposition is a true record of
				  the testimony and exhibits given by the witness, and that the officer is not of
				  counsel or attorney to any of the parties nor interested in the outcome of the
				  proceeding or investigation. If the deposition is not signed by the witness
				  because he is ill, dead, cannot be found or refuses to sign it, that fact shall
				  be included in the certificate of the officer and the deposition may then be
				  used as fully as though signed. The officer shall immediately deliver an
				  original and a copy of the transcript, together with his certificate, in person
				  or by United States mail to the Board, its members or hearing examiner, as the
				  case may be. The hearing examiner shall rule upon the admissibility of the
				  deposition or any part of the deposition.
(d) Errors or irregularities in compliance
				  with this section shall be deemed waived unless a motion to suppress the
				  deposition or some part of it is made with reasonable promptness after the
				  defect is ascertained or, with due diligence, might have been
				  ascertained.
(e) Subsection (a)
				  supersedes 1 Pa. Code §§
										35.137 and
				  35.145 (relating to oral
				  examination; and depositions); subsection (b) supersedes 1 Pa. Code
				  §§
										35.146 and
				  35.147 (relating to notice and
				  application; and authorization of taking deposition); subsection (c) supersedes
				  1 Pa. Code §
										35.150 (relating to scope and
				  conduct of examination).
This section cited in 34 Pa. Code §
												93.31 (relating to
						hearings).