(4) If only part of a deposition is offered in evidence by a party, any other party may require him to introduce all of it which is relevant to the part introduced, and any party may introduce any other parts.

(5) Substitution of parties does not affect the right to use depositions previously taken; and, when a proceeding in any hearing has been dismissed and another proceeding involving the same subject matter is afterward brought between the same parties or their representatives or successors in interest, all depositions lawfully taken and duly filed in the former proceeding may be used in the latter as if originally taken therefor.

(b) Objections to admissibility. Except as provided in this paragraph, objection may be made at the hearing to receiving in evidence any deposition or part thereof for any reason which would require the exclusion of the evidence if the witness were then present and testifying.

(1) Objections to the competency of a witness or to the competency, relevancy, or materiality of testimony are not waived by failure to make them before or during the taking of the deposition, unless the ground of the objection is one which might have been obviated or removed if presented at that time.

(2) Errors and irregularities occurring at the oral examination in the manner of taking the deposition, in the form of the questions or answers, in the oath or affirmation, or in the conduct of parties and errors of any kind which might be obviated, removed, or cured if promptly presented, are waived unless reasonable objection thereto is made at the taking of the deposition.

(3) Objections to the form of written interrogatories submitted under § 502.206 are waived unless served in writing upon the party propounding them within the time allowed for serving the succeeding cross interrogatories.

(c) Effect of taking or using depositions. A party shall not be deemed to make a person his own witness for any purpose by taking his deposition. The introduction in evidence of the deposition or any part thereof for any purpose other than that of contradicting or impeaching the deponent makes the deponent the witness of the party introducing the deposition, but this shall not apply to the use by any other party of a deposition as described in subparagraph (2) of paragraph (a) of this section. At the hear

ing, any party may rebut any relevant evidence contained in a deposition whether introduced by him or by any other party. [Rule 12(c).]

§ 502.204 Depositions upon oral examination.

(a) Notice of examination: time and place. A party desiring to take the deposition of any person upon oral examination shall give reasonable notice in writing to such person and to every other party to the action. The notice shall state the time and place for taking the deposition and the name and address of each person to be examined, if known, and, if the name is not known, a general description sufficient to identify him or the particular class or group to which he belongs. The notice shall also contain a statement of the matters concerning which each witness will testify. All errors and irregularities in the notice for taking a deposition are waived unless written objection is promptly served upon the party giving the notice.

(b) Orders for the protection of parties and deponents. After notice is served for taking a deposition by oral examination, upon motion seasonably made by any party or by the person to be examined and upon notice and for good cause shown, the presiding officer may make an order that the deposition shall not be taken, or that it may be taken only at some designated place other than that stated in the notice, or that it may be taken only on written interrogatories, or that certain matters shall not be inquired into, or that the scope of the examination shall be limited to certain matters, or that the examination shall be held with no one present except the parties to the action and their officers or counsel, or that after being sealed, the deposition shall be opened only by order of the presiding officer, or that secret processes, developments, or research need not be disclosed, or that the parties shall simultaneously file specified documents or information enclosed in sealed envelopes to be opened as directed by the presiding officer, or the presiding officer may make any other order which justice requires to protect the party or witness from annoyance, embarrassment, or oppression.

(c) Record of examination; oath; objections. The officer before whom the deposition is to be taken shall put the witness on oath and shall personally, or by

someone acting under his direction and in his presence, record the testimony of the witness. The testimony shall be taken stenographically and transcribed unless the parties agree otherwise. All objections made at the time of the examination to the qualifications of the officer taking the deposition, or to the manner of taking it, or to the evidence presented, or to the conduct of any party, and any other objection to the proceedings, shall be noted by the officer upon the deposition. Evidence objected to shall be taken subject to the objections. In lieu of participating in the oral examination, parties served with notice of taking a deposition may transmit written interrogatories to the officer, who shall propound them to the witness and record the answers verbatim.

(d) Motion to terminate or limit examination. At any time during the taking of the deposition, on motion of any party or of the deponent and upon a showing that the examination is being conducted in bad faith or in such manner as unreasonably to annoy, embarrass, or oppress the deponent or party, the presiding officer may order the officer conducting the examination to cease forthwith from taking the deposition, or may limit the scope and manner of the taking of the deposition as provided in paragraph (b) of this section. If the order made terminates the examination, it shall be resumed thereafter only upon the order of the presiding officer. Upon demand of the objecting party or deponent, the taking of the deposition shall be suspended for the time necessary to make a motion for an order.

(e) Submission to witness; changes; signing. When the testimony is fully transcribed, the deposition shall be submitted to the witness for examination and shall be read to or by him, unless such examination and reading are waived by the witness and by the parties. Any changes in form or substance which the witness desires to make shall be entered upon the deposition by the officer with a statement of the reasons given by the witness for making them. The deposition shall then be signed by the witness unless the parties by stipulation waive the signing or the witness is ill or cannot be found or refuses to sign. If the deposition is not signed by the witness, the officer shall sign it and state on the record the fact of the waiver or

of the illness or absence of the witness or the fact of the refusal to sign together with the reason, if any, given therefor; and the deposition may then be used as fully as though signed, unless upon objection, the presiding officer holds that the reasons given for the refusal to sign require rejection of the deposition in whole or in part.

(f) Certification and filing by officer; copies, notice of filing. (1) The officer taking the deposition shall certify on the deposition that the witness was duly sworn by him and that the deposition is a true record of the testimony given by the witness. He shall then securely seal the deposition in an envelope indorsed with the title of the action and marked "Deposition of [here insert name of witness]" and shall promptly file it with the presiding officer or send it by registered mail to the Secretary of the Commission.

(2) Interested parties shall make their own arrangements with the officer taking the deposition for copies of the testimony and the exhibits.

(3) The party taking the deposition shall give prompt notice of its filing to all other parties.

(g) Effect of errors and irregularities. Errors and irregularities in the manner in which the testimony is transcribed or the deposition is prepared, signed, certified, sealed, indorsed, transmitted, filed, or otherwise dealt with by the officer under this $502.204 and $502.205 are waived unless a motion to suppress the deposition or some part thereof is made with reasonable promptness after such defect is, or with due diligence might have been, ascertained. [Rule 12(d).] § 502.205 Depositions of witnesses upon written interrogatories.

(a) Serving interrogatories; notice. A party desiring to take the deposition of any person upon written interrogatories shall serve them upon every other party with a notice stating the name and address of the person who is to answer them and the name or descriptive title and address of the officer before whom the deposition is to be taken. Within 10 days thereafter, a party so served may serve cross interrogatories upon the party proposing to take the deposition. All errors and irregularities in the notice are waived unless written objection is promptly served upon the party giving the notice.

(b) Officer to take responses and prepare record. A copy of the notice and copies of all interrogatories served shall be delivered by the party taking the deposition to the officer designated in the notice, who shall proceed promptly in the manner provided by § 502.204 (c), (e), and (f), to take the testimony of the witness in response to the interrogatories and to prepare, certify, and file or mail the deposition, attaching thereto the copy of the notice and the interrogatories received by him.

(c) Notice of filing. When the deposition is filed, the party taking it shall promptly give notice thereof to all other parties.

(d) Orders for the protection of parties and deponents. After the service of interrogatories and prior to the taking of the testimony of the deponent, the presiding officer on motion promptly made by a party or a deponent, upon notice and good cause shown, may make any order specified in § 502.204 (b) which is appropriate and just or an order that the deposition shall not be taken before the officer designated in the notice or that it shall not be taken except upon oral examination. [Rule 12(e).]

§ 502.206 Interrogatories to parties.

(a) Service and answers. Any party may serve upon any other party written interrogatories to be answered by the party served or, if the party served is a public or private corporation or a partnership or association, by any officer or agent, who shall furnish such information as is available to the party. Leave of the Commission to serve interrogatories shall not be required unless notice thereof is served within 20 days of the commencement of the proceeding. The interrogatories shall be answered separately and fully in writing under oath. The answers shall be signed by the person making them; and the party upon whom the interrogatories have been served shall serve a copy of the answers on the party submitting the interrogatories within 15 days after the service of the interrogatories, unless the presiding officer on motion and notice and for good cause shown, enlarges or shortens the time. Within 10 days after the service of interrogatories, a party may serve written objections thereto together with a notice to the presiding officer to hear the objections at the earliest practicable time. Answers to

interrogatories to which objection is made shall be deferred until the objections are determined.

(b) Scope, time, and number. Interrogatories may relate to any matters which can be inquired into under § 502.201(c), and the answers may be used to the same extent as provided in § 502.203 for the use of the deposition of a party. Interrogatories may be sought after interrogatories have been answered, but the presiding officer, on motion of the deponent or the party interrogated, may make such protective order as justice may require. The number of interrogatories or of sets of interrogatories to be served is not limited except as justice requires to protect the party from annoyance, expense, embarrassment, or oppression. The provisions of § 502.204(b) are applicable for the protection of the party from whom answers to interrogatories are sought under this section. [Rule 12 (f).]

§ 502.207 Discovery and production of documents and things for inspection, copying, or photographing.

Upon motion of any party showing good cause therefor and upon notice to all other parties, and subject to the provisions of § 502.204 (b), the presiding officer may order any party to produce and permit the inspection and copying or photographing, by or on behalf of the moving party, of any designated documents, papers, books, accounts, letters, photographs, objects, or tangible things, not privileged, which constitute or contain evidence relating to any of the matters within the scope of the examination permitted by § 502.201(c) and which are in his possession, custody, or control. The order shall specify the time, place, and manner of making the inspection and taking the copies and photographs and may prescribe such terms and conditions as are just. [Rule 12(g).]

§ 502.208 Admission of facts and of genuineness of documents.

(a) Request for admission. After commencement of an action a party may serve upon any other party a written request for the admission by the latter of the genuineness of any relevant documents described in and exhibited with the request or of the truth of any relevant matters of fact set forth in the request. Leave of the Commission to serve a request shall not be required unless notice thereof is served within 10 days of

the commencement of the proceeding. Copies of the documents shall be served with the request unless copies have already been furnished. Each of the matters of which an admission is requested shall be deemed admitted unless, within a period designated in the request, not less than 10 days after service thereof, or within such shorter or longer time as the presiding officer may allow on motion and notice, the party to whom the request is directed serves upon the party requesting the admission either (1) a sworn statement denying specifically the maters of which an admission is requested or setting forth in detail the reasons why he cannot truthfully admit or deny those matters or (2) written objections on the ground that some or all of the requested admissions are privileged or irrelevant or that the request is otherwise improper in whole or in part, together with a request to the presiding officer to hear the objections at the earliest practicable time. If written objections to a part of the request are made, the remainder of the request shall be answered within the period designated in the request. A denial shall fairly meet the substance of the requested admission, and when good faith requires that a party deny only a part or a qualification of a matter of which an admission is requested, he shall specify so much of it as is true and deny only the remainder.

(b) Expenses on refusal to admit. If a party, after being served with a request under paragraph (a) of this section to admit the genuineness of any documents or the truth of any matters of fact, serves a sworn denial thereof and if the party requesting the admissions thereafter proves the genuineness of any such document or the truth of any such matter of fact, he may apply to the presiding officer for an order requiring the other party to pay him the reasonable expenses incurred in making such proof, including reasonable attorney's fees. Unless the presiding officer finds that there were good reasons for the denial or that the admissions sought were of no substantial importance the order shall be made.

(c) Use in other proceedings. Any admission made by a party pursuant to such request is for the purpose of the pending action only and neither constitutes an admission by him for any other purpose nor may be used against him in any other proceeding. [Rule 12(h).]

§ 502.209

Use of discovery procedures directed to the Commission.

Oral deposition, written interrogatories motions for the discovery and production of documents and things for inspection, copying, or photographing, and requests for admission as described in §§ 502.204, 502.205, 502.207, and 502.208 directed to Commission staff personnel shall be permitted to the same extent such depositions are permitted of any other party or person and shall be governed by the rules of §§ 502.204, 502.205, 502.207, and 502.208, except that copies of any such notice to take a deposition shall be served on the Secretary of the Commission. Written interrogatories directed to the Commission under § 502.206 shall be served on the Secretary of the Commission. Such interrogatories will be answered and signed by those staff personnel with knowledge of the facts. The answers will be served by the Secretary of the Commission upon the parties to the proceedings. [Rule 12(i).]

§ 502.210 Refusal to make discovery:

consequences.

(a) Refusal to answer. If a party or other deponent refuses to answer any question propounded upon oral examination, the examination shall be completed on other matters or adjourned, as the proponent of the question may prefer. Thereafter on reasonable notice to all persons affected thereby, he may apply to the presiding officer for an order compelling an answer. Upon the refusal of a deponent to answer any interrogatory submitted under § 502.205 or upon the refusal of a party to answer any interrogatory submitted under § 502.206, the proponent of the question may on like notice make like application for such an order.

(b) Failure to comply with order. If a party or an officer or duly authorized agent of a party refuses to obey an order made under paragraph (a) of this section requiring him to answer designated questions, or an order made under § 502.207 to produce any document or other thing for inspection, copying, or photographing or to permit it to be done, the Commission or, in the case where the Commission's staff has refused to obey such an order, the affected party, may apply for enforcement to a district court having jurisdiction of the parties. [Rule 12(j).]

§ 502.211

Witnesses and evidence located in a foreign country.

(a) Motions. Whenever the person to be deposed or the document or other thing to be produced, inspected, copied, or photographed is located in a foreign country, all motions for protective orders as described in § 502.204(b), all motions for production as described in § 502.207, and all motions for orders compelling an answer as described in § 502.210(a) shall be made to the Commission. All such motions relating to persons, documents or other things located in the United States shall be made to the presiding officer.

(b) Enforcement orders. Application to a district court for enforcement of an order described in $502.210, which relates to persons, documents, or other things located in a foreign country, shall be made by the Commission. Application for enforcement of such an order relating to persons, documents, or other things located in the United States shall be made at the direction of the presiding officer. [Rule 12(k).]

Subpart M-Briefs; Requests for Findings; Decisions; Exceptions (Rule 13) § 502.221 Briefs; requests for findings.

The presiding officer shall fix the time and manner of filing briefs and any enlargement of time. The period of time allowed shall be the same for all parties unless the presiding officer, for good Briefs cause shown, directs otherwise. shall be served upon all parties pursuant to Subpart H of this part (Rule 8). In investigations instituted on the Commission's own motions, the presiding officer may require Hearing Counsel to file a request for findings of fact and conclusions within a reasonable time prior to the filing of briefs. Service of the request shall be in accordance with the provisions of Subpart H of this part (Rule 8). In addition to the ordinary summary of evidence, with reference to exhibit numbers and pages of the transcript, and statement of law with appropriate citations of the authorities relied upon. Briefs shall contain proposed findings of fact and conclusions in serially numbered paragraphs unless otherwise directed by the presiding officer. Briefs exceeding twenty (20) pages excluding appendices, shall contain a subject index with page references and a list of authorities cited. [Rule 13(a).]

§ 502.224 Separation of functions.

The separation of functions as required by section 5(c) of the Administrative Procedure Act shall be observed in proceedings under Subparts A to Q (Rule 1-17), inclusive, of this part. [Rule 13(d).]

§ 502.225 Decisions- -contents and service.

All initial, recommended, tentative, and final decisions will include a statement of findings and conclusions, as well as the reasons or basis therefor, upon all the material issues of fact, law, or discretion presented on the record, and the appropriate rule, order, sanction, relief, or denial thereof. A copy of each decision when issued shall be served on the parties to the proceeding. [Rule 13(e).]

§ 502.226

Decision based on official notice; public documents.

(a) Official notice may be taken of such matters as might be judicially noticed by the courts, or of technical or scientific facts within the general knowledge of the Commission as an expert body: Provided, That where a decision or part thereof rests on the official notice of a material fact not appearing in the evidence in the record, the fact of official notice shall be so stated in the decision, and any party, upon timely request, shall be afforded an opportunity to show the contrary.

(b) 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