copies of such transcript may obtain the same from the official reporter upon payment of the fees fixed therefor. (b) Availability to persons who give evidence in investigations and nonpublic proceedings. Any person compelled to furnish data or to give evidence in any investigation shall be entitled to retain or, upon payment of the lawfully prescribed fees therefor to the Official Reporter, the Secretary, or other designated officer of the Commission, to obtain a copy of the official transcript thereof; Provided, however, That where such data or evidence have been furnished or given in a nonpublic investigatory proceeding conducted by the Commission, such person may, for good cause, be limited to an inspection only, either in person or by a duly accredited representative, of the official transcript of his testimony. [Order 141, 12 F.R. 8478, Dec. 19, 1947] § 1.22 Witnesses. Witnesses (a) Oral examination. shall be examined orally unless the testimony is taken by deposition as provided in § 1.24, or the facts are stipulated in the manner provided in §§ 1.18 and 1.25, or the testimony is submitted in prepared written form as provided in § 1.26 (c) (2) (iii). Witnesses whose testimony is to be taken shall be sworn, or shall affirm, before their testimony shall be deemed evidence in the proceeding or any questions are put to them. (b) Expert witnesses. Written testimony of an expert witness may be received as provided in § 1.20, where properly supported by the oral testimony of its author on direct examination, subject to cross-examination and motions to strike. (c) Fees of witnesses. Witnesses subpenaed by the Commission shall be paid the same fees and mileage as are paid for like services in the District Courts of the United States. Witnesses subpenaed at the instance of participants shall be paid the same fees by the participant at whose instance the witness is subpenaed; and the Commission, before issuing any subpena as provided in § 1.23, may require a deposit of an amount adequate to cover the fees and mileage involved. [Order 141, 12 F.R. 8479, Dec. 19, 1947, as amended by Order 217, 24 F.R. 9473, Nov. 24, 1959] § 1.23 Subpenas. (a) Issuance. Subpenas for the attendance of witnesses or for the production of documentary evidence, unless di rected by the Commission upon its own motion, will issue only upon application in writing to the Commission or the presiding officer, except that during sessions of a hearing in a proceeding, such application may be made orally on the record before the Commission or presiding officer, who is hereby given authority to determine the relevancy and materiality of the evidence sought and to issue such subpenas in accordance with such determination. Such written applications shall be verified and shall specify as nearly as may be the general relevance, materiality, and scope of the testimony or documentary evidence sought, including, as to documentary evidence, specification as nearly as may be, of the documents desired and the facts to be proved by them in sufficient detail to indicate the materiality and relevance of such documents. (b) Service and return. If service of subpena is made by United States marshal or his deputy, such service shall be evidenced by his return thereof. If made by another person, such person shall make affidavit thereof, describing the manner in which service is made, and shall return such affidavit on or with the original subpena. In case of failure to make service, the reasons for the failure shall be stated on the original subpena. In making service, a copy of the subpena shall be exhibited to and left with the person to be served. The original subpena, bearing or accompanied by the authorized return, affidavit or statement, shall be returned forthwith to the Secretary or, if so directed on the subpena, to the presiding officer before whom the person named in the subpena is required to appear. (c) Fees of witnesses. Witnesses who are subpenaed shall be paid fees as provided in § 1.22. [Order 141, 12 F.R. 8479, Dec. 19, 1947] § 1.24 Depositions. (a) When permissible. The testimony of any witness may be taken by deposition, upon application by a participant in a proceeding pending before the Commission, at any time before the hearing is closed, upon approval by the Commission or the presiding officer. (b) Notice and application. Unless notice is waved, no deposition shall be taken except after at least 10 days' notice to the parties within the United States, and 15 days' notice when a deposition is to be taken elsewhere. Such notice shall (j) Additional evidence. At any stage of the hearing the Commission or the presiding officer may call for further evidence upon any issue, and require such evidence to be presented by the party or parties concerned or by the staff counsel, either at that hearing or adjournments thereof. At the hearing, the Commission or the presiding officer may, if deemed advisable, authorize any participant to file specific documentary evidence as a part of the record within a fixed time, expiring not less than 10 days before the date fixed for filing and serving briefs. (k) Transcript and record. Hearings shall be stenographically reported by the official reporter of the Commission, and a transcript of said report shall be a part of the record and the sole official transcript of the proceeding. Such transcripts shall include a verbatim report of the hearings; nothing shall be omitted therefrom except as is directed on the record by the Commission or the presiding officer. After the closing of the record, there shall not be received in evidence or considered as part of the record any document, letter or other writing submitted after the close of testimony except as provided in paragraph (j) of this section, or changes in the transcript as provided in paragraph (1) of this section. (1) Transcript corrections. Corrections in the official transcript may be made only to make it conform to the evidence presented at the hearing and to speak the truth. No corrections or physical changes shall be made in or upon the official transcript of the proceeding, except as provided in this section. Transcript corrections agreed to by opposing attorneys may be incorporated into the record, if and when approved by the Commission or the presiding officer, at any time during the hearing or after the close of evidence, as may be permitted by the Commission, or by the presiding officer before the filing of his report, but not less than 10 days in advance of the time fixed for filing final briefs. The Commission or the presiding officer may call for the submission of proposed corrections and may make disposition thereof at appropriate times during the course of a proceeding. (m) Contents of orders and notices initiating hearings-(1) Rule making proceedings. The order or notice shall state the time and place of hearing, and nature of the proceeding, recite the authority under which the rule is proposed to be adopted and promulgated, and include either the terms or substance of the proposed rule or a description of the subjects and issues involved to inform interested persons of the nature of the proceeding, so as to permit any interested person to submit views. data, or proposals relative thereto; and such notice will set forth a time period within which interested persons may submit written data, views, or arguments concerning the proposed rule, or request oral argument thereon. (2) Other proceedings. The order or notice initiating a hearing shall set forth the authority and jurisdiction under which the hearing is to be held, shall state the nature of the proceeding and shall name the officer designated to preside at the hearing, except as hereinafter provided. Such order or notice shall also specify the final date for the filing of protests to the authorization sought and for the filing of petitions and notices to intervene except in cases where such date has been fixed by a former notice. The order or notice initiating the hearing shall not specify the date of hearing unless the Commission deems it appropriate that it do so: Provided, however, That where the notice or order provides that the Commission may, after a non-contested hearing, dispose of the proceedings pursuant to the provisions of § 1.30 (c) (1) or (2) or § 1.32 (a) or (b), as may be appropriate, the notice or order shall also fix a date for hearing as soon after the expiration of the time for filing protests, petitions to intervene and notices of intervention as may be practicable. In such instance, the notice or order need not designate the presiding examiner but shall state that if a protest, petition to intervene in opposition, or notice of intervention in opposition is filed, the hearing date will be vacated and a new date for hearing will be fixed. [Order 141, 12 F.R. 8478, Dec. 19, 1947, as amended by Order 175, 19 F.R. 5213, Aug. 18, 1954; Order 179, 20 F.R. 3934, June 7, 1955; Order 217, 24 F.R. 9472, Nov. 25, 1959] § 1.21 Copies of transcripts. (a) Availability to participants in public hearings. The Commission will cause to be made a stenographic record of all public hearings and such copies of the transcript thereof as it requires for its own purposes. Participants desiring copies of such transcript may obtain the same from the official reporter upon payment of the fees fixed therefor. (b) Availability to persons who give evidence in investigations and nonpublic proceedings. Any person compelled to furnish data or to give evidence in any investigation shall be entitled to retain or, upon payment of the lawfully prescribed fees therefor to the Official Reporter, the Secretary, or other designated officer of the Commission, to obtain a copy of the official transcript thereof; Provided, however, That where such data or evidence have been furnished or given in a nonpublic investigatory proceeding conducted by the Commission, such person may, for good cause, be limited to an inspection only, either in person or by a duly accredited representative, of the official transcript of his testimony. [Order 141, 12 F.R. 8478, Dec. 19, 1947] § 1.22 Witnesses. Witnesses (a) Oral examination. shall be examined orally unless the testimony is taken by deposition as provided in § 1.24, or the facts are stipulated in the manner provided in §§ 1.18 and 1.25, or the testimony is submitted in prepared written form as provided in § 1.26 (c) (2) (iii). Witnesses whose testimony is to be taken shall be sworn, or shall affirm, before their testimony shall be deemed evidence in the proceeding or any questions are put to them. (b) Expert witnesses. Written testimony of an expert witness may be received as provided in § 1.20, where properly supported by the oral testimony of its author on direct examination, subject to cross-examination and motions to strike. (c) Fees of witnesses. Witnesses subpenaed by the Commission shall be paid the same fees and mileage as are paid for like services in the District Courts of the United States. Witnesses subpenaed at the instance of participants shall be paid the same fees by the participant at whose instance the witness is subpenaed; and the Commission, before issuing any subpena as provided in § 1.23, may require a deposit of an amount adequate to cover the fees and mileage involved. [Order 141, 12 F.R. 8479, Dec. 19, 1947, as amended by Order 217, 24 F.R. 9473, Nov. 24, 1959] § 1.23 Subpenas. (a) Issuance. Subpenas for the attendance of witnesses or for the production of documentary evidence, unless di rected by the Commission upon its own motion, will issue only upon application in writing to the Commission or the presiding officer, except that during sessions of a hearing in a proceeding, such application may be made orally on the record before the Commission or presiding officer, who is hereby given authority to determine the relevancy and materiality of the evidence sought and to issue such subpenas in accordance with such determination. Such written applications shall be verified and shall specify as nearly as may be the general relevance, materiality, and scope of the testimony or documentary evidence sought, including, as to documentary evidence, specification as nearly as may be, of the documents desired and the facts to be proved by them in sufficient detail to indicate the materiality and relevance of such documents. (b) Service and return. If service of subpena is made by United States marshal or his deputy, such service shall be evidenced by his return thereof. If made by another person, such person shall make affidavit thereof, describing the manner in which service is made, and shall return such affidavit on or with the original subpena. In case of failure to make service, the reasons for the failure shall be stated on the original subpena. In making service, a copy of the subpena shall be exhibited to and left with the person to be served. The original subpena, bearing or accompanied by the authorized return, affidavit or statement, shall be returned forthwith to the Secretary or, if so directed on the subpena, to the presiding officer before whom the person named in the subpena is required to appear. (c) Fees of witnesses. Witnesses who are subpenaed shall be paid fees as provided in § 1.22. [Order 141, 12 F.R. 8479, Dec. 19, 1947] § 1.24 Depositions. (a) When permissible. The testimony of any witness may be taken by deposition, upon application by a participant in a proceeding pending before the Commission, at any time before the hearing is closed, upon approval by the Commission or the presiding officer. (b) Notice and application. Unless notice is waved, no deposition shall be taken except after at least 10 days' notice to the parties within the United States, and 15 days' notice when a deposition is to be taken elsewhere. Such notice shall be given in writing by the participant proposing to take such deposition or by his attorney to the other participants or their attorneys of record and to the Commission. In such notice and application to take evidence by deposition, the participant desiring to take the deposition shall state the name and post office address of the witness, the subject matter concerning which the witness is expected to testify, the time and place of taking the deposition, the name and post office address of the officer before whom it is desired that the deposition be taken, and the reason why such deposition should be taken. The other participants may, within the time stated in this section, make any appropriate response to such notice and application. Such notices and responses thereto shall conform, as applicable, to the requirements of §§ 1.5 and 1.15 to 1.17, inclusive. There (c) Authorization for taking. upon, if the application so warrants, the Commission or presiding officer, will issue and serve, within a reasonable time in advance of the time fixed for taking testimony, upon the participants or their attorneys an authorization naming the witness whose deposition is to be taken, and the time, place and officer before whom the witness is to testify, but such time, place and officer so specified may or may not be the same as those named in the said notice and application. (d) Officer before whom taken-(1) Within the United States. Such depositions may be taken before a member, a presiding officer or other authorized representative of the Commission, any judge, commissioner, or clerk of any court of the United States, any chancellor, judge, or justice of a State court, any mayor or chief magistrate, of a city, or any notary public, not being counsel or attorney for any of the participants, or interested in the proceeding or investigation, according to such designation as may be made in the authorization. (2) In foreign countries. Where such 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 such person or officer as may be designated in the authorization or agreed upon by the parties by stipulation in writing filed with and approved by the Commission or the presiding officer. The magistrate, person, or officer so designated in this section will be referred to as the Officer. (e) Oath and reduction to writing. Every person whose testimony is taken by deposition shall be sworn, or shall affirm concerning the matter about which he shall testify, before any questions are put or testimony given. The testimony shall be reduced to writing by the Officer, or under his direction, after which the deposition shall be subscribed by the witness and certified in the usual form by the Officer. Unless otherwise directed in the authorization, after the deposition has been subscribed and certified, it shall, together with the number of copies specified in the authorization, the copies being made by such Officer or under his direction, be forwarded by such Officer in a sealed envelope addressed to the Commission at its office in Washington 25, D.C., with sufficient stamps for postage affixed. Upon receipt thereof, the Secretary shall file the original in the proceeding and shall forward a copy to each party or his attorney of record and to staff counsel. (f) Form. Such deposition shall conform to the requirements of § 1.15 in all respects except as to the number of copies. (g) Scope and conduct of examination. Unless otherwise directed in the authorization, the deponent may be examined regarding any matter which is relevant to the issues involved in the pending proceeding, including the existence, description, nature, custody, condition and location of any books, documents or other tangible things, and the identity and location of persons having knowledge of relevant facts. Parties or their attorneys and staff counsel shall have the right of cross-examination, objection and exception. In making objections to questions or evidence, the grounds relied upon shall be stated briefly, but no transcript filed by the Officer shall include argument or debate. Objections to questions or evidence shall be noted by the Officer upon the deposition, but he shall not have power to decide on the competency or materiality or relevancy of evidence. Objections to questions or evidence not taken before the Officer shall be deemed waived. (h) Not part of record unless received in evidence. No part of a deposition shall constitute a part of the record in the proceeding, unless received in evidence by the Commission or presiding officer. Objection may be made at the hearing in the proceeding to receiving in evidence any deposition or part thereof for any Inde (a) Presentation and effect. pendently of the orders or rulings issued as provided by § 1.18, the parties and staff counsel may stipulate as to any relevant matters of fact or the authenticity of any relevant documents. Such stipulations may be received in evidence at a hearing, and when so received shall be binding on the parties and staff counsel with respect to the matters therein stipulated. (b) Form, style, and service. Stipulations shall conform to the applicable requirements of §§ 1.15 to 1.17 inclusive, except stipulations made orally on the record during hearings. [Order 141, 12 F.R. 8479, Dec. 19, 1947, as amended by Order 217, 24 F.R. 9473, Nov. 24, 1959] § 1.26 Evidence. (a) Form and admissibility. In any proceeding before the Commission or a presiding officer relevant and material evidence shall be admissible, but there shall be excluded such evidence as is unduly repetitious or cumulative, or such evidence as is not of the kind which would affect reasonable and fair-minded men in the conduct of their daily affairs. (b) Reception and ruling on. The presiding officer, subject to appeal to the Commission as provided in § 1.28, shall rule on the admissibility of all evidence, and shall otherwise control the reception of evidence so as to confine it to the issues in the proceeding. The number of expert witnesses to be heard on any issue may be limited appropriately or the production of further evidence upon any issue may be called for, as provided in § 1.20. (c) Documentary—(1) Designation. Where relevant and material matter offered in evidence is embraced in a document containing other matter not material or relevant and not intended to be put in evidence, the participant offering the same shall plainly designate the matter so offered, segregating and excluding insofar as practicable the immaterial or irrelevant parts. If other matter is in such document in such bulk or extent as would necessarily encumber the record, such document will not be received in evidence, but may be marked for identification, and, if properly authenticated, the relevant and material parts thereof may be read into the record, or if the Commission or the presiding officer so directs, a true copy of such matter in proper form shall be received in evidence as an exhibit, and copies shall be delivered by the participant offering the same to the other parties or their attorneys and staff counsel appearing at the hearing, who shall be afforded an opportunity to examine the entire document and to offer in evidence in like manner other material and relevant portions thereof. (2) Commission's files. (1) In case any matter contained in a report or other document on file with the Commission is offered in evidence, such report or other document need not be produced or marked for identification, but may be offered in evidence by specifying the report, document, or other file containing the matter so offered. (ii) Public document items. Whenever there is offered in evidence (in whole or in part) a public document, such as an official report, decision, opinion, or published scientific or economic statistical data issued by any of the executive Departments (or their subdivisions), legislative agencies or committees, or administrative agencies of the Federal Government (including Governmentowned corporations), or a similar document issued by a State or its agencies, and such document (or part thereof) has been shown by the offerer to be reasonably available to the public, such document need not be produced or marked for identification, but may be offered in evidence as a public document item by specifying the document or relevant part thereof without regard to the requirements of subparagraph (5) of this paragraph. (iii) Prepared expert testimony. Direct testimony of any witness within his special field may be offered as an exhibit, or as prepared written testimony to be copied into the transcript: Provided, That copies of such proposed exhibit or prepared written testimony shall have been served upon all parties to the proceeding or their attorneys of record, and |