1. (a) The hearing officer, on application of any party, may order the deposition of a witness to be taken for use as evidence, but not for discovery, if:

   1. (1) The witness cannot be compelled to attend the hearing.
   2. (2) Other circumstances warrant such action.
2. (b) The deposition shall be taken in the manner prescribed by law for the taking of depositions in civil actions. The party who applies for the taking of the deposition of a person residing outside the State shall obtain the necessary order of the superior court, in the manner prescribed by law for like depositions in civil actions.

Note: Authority cited: Sections 14312 and 14454, Welfare and Institutions Code. Reference: Section 14454, Welfare and Institutions Code.