On application of a party to the controversy, the Labor Commissioner may order the deposition of a witness to be taken for use as evidence, and not for discovery, if the witness cannot be compelled to attend the hearing or if such exceptional circumstances exist as to make it desirable, in the interest of justice and with due regard to the importance of presenting the testimony of witnesses orally at the hearing, to allow the deposition to be taken. The deposition shall be taken in the manner prescribed by law for the taking of depositions in civil actions.
Cal. Code Regs. Tit. 8, § 12028
Note: Authority cited: Section 1700.29, Labor Code. Reference: Section 1700.44, Labor Code.