(a) In general. Subject to the provisions of this section, a party may use in the hearing any part or all of a deposition taken under § 1.644 against any party who:
- (1) Was present or represented at the taking of the deposition; or
- (2) Had reasonable notice of the taking of the deposition.
(b) Admissibility.
- (1) No part of a deposition will be included in the hearing record, unless received in evidence by the ALJ.
(2) The ALJ will exclude from evidence any question and response to which an objection:
- (i) Was noted at the taking of the deposition; and
- (ii) Would have been sustained if the witness had been personally present and testifying at a hearing.
(3) If a party offers only part of a deposition in evidence:
- (i) An adverse party may require the party to introduce any other part that ought in fairness to be considered with the part introduced; and
- (ii) Any other party may introduce any other parts.
- (c) Videotaped deposition. If the deposition was recorded on videotape and is admitted into evidence, relevant portions will be played during the hearing and transcribed into the record by the reporter.