1. (a) Any person who appears and testifies in a deposition or a contested case may be accompanied, represented and advised by counsel. The right to be accompanied, represented and advised by counsel means the right of a person testifying to have counsel present at all times while testifying and to have counsel:

   1. (1) Advise the person before and after the conclusion of testimony;
   2. (2) Question the person briefly at the conclusion of testimony to clarify any of the answers given; and (3) Make summary notes during the testimony solely for the use of the person.
2. (b) Any person who has given or will give testimony and counsel representing the person may be excluded from a deposition during the taking of testimony of any other witness.
3. (c) The commissioner may take such action as the circumstances warrant against a person who engages in dilatory or obstructionist conduct during the course of a deposition, including exclusion of the offending person from participation in the deposition or contested case.

(Adopted effective August 31, 2004)