11/19/2022 0 Comments De bene esse depositionThat under the APA, any party to a contested case may depose witnesses as provided by procedural rules applicable in civilĪctions. Historically, a party who wished to conduct a deposition could obtain that deposition upon the court ordering that it be takenīy commission. Furthermore, I find that Section 1-23-320(c) does permit such depositions in administrative proceedings. Petitioner is correct that the SCRCP have superseded the former method of taking depositions by commission in CircuitĬourt. To deny all requests for depositions, except depositions de bene esse to preserve testimony of witnesses who are unavailable The Board further argues that its general policy is Rather, the Board argues that a party must apply to the Board for permission to take aĭeposition, and it is within the Board's discretion to allow the deposition. On the other hand, the Board asserts that although depositions are permitted under the APA, the statute does not allow Initiate a deposition simply by issuing a deposition notice which gives at least ten days' notice of the taking of the deposition. Petitioner opines that, since the South Carolina Rules of Civil Procedure (SCRCP) have replaced the old method of takingĭepositions by commission, Rule 30 of the SCRCP is applicable to proceedings under the APA. The transmission and certification thereof and matters of practice relating thereto shall apply. Pleas and the same rules with respect to the giving of notice to the opposite party, the taking and transcribing of testimony, Provisions, conditions and restrictions as apply to the taking of like depositions in civil actions at law in the court of common Such depositions shall be taken in accordance with and subject to the same State and either by commission or de bene esse. That section provides:Īny party to such proceedings may cause to be taken the depositions of witnesses within or without the Proceedings conducted pursuant to the Administrative Procedures Act (APA). § 1-23-320(c) (Supp.1998) provides an absolute right to depositions in On September 22, 1999, Petitioner filed his Motion to Compel the Board to issue the subpoenas.Īvailability of Depositions in Administrative Proceedings Served the Board with a notice for the taking of the depositions of the complainants in this matter. On September 17, 1999, counsel for Petitioner Proceedings involving the Complaint are currently pending before the Board. Petitioner is a physician licensed by the Board to engage in the practice of medicine in South Carolina. Papers filed that inadvertantly included his name. To the consent of the parties, the name of the anonymous physician, who is the subject of this matter, was redacted from For the following reasons, the Motion is denied. Pendleton Street, Columbia, South Carolina, on October 1, 1999. A hearing on the Motion was held at the offices of the Division at 1205 However, all issues concerning the production of records were resolvedīy the parties prior to the hearing on the Motion. Of a subpoena to compel the production of records. May depose the complainants in the present disciplinary matter pending before the Board. Petitioner seeks an Order compelling the State Board of Medical Examiners (Board) to issue subpoenas so that Petitioner This matter is before the Administrative Law Judge Division (Division) pursuant to a Motion to Compel by the Petitioner. South Carolina Department of Labor, Licensing and Regulation, State Board of Medical Examiners South Carolina Department of Labor, Licensing and Regulation SC Administrative Law Court Decisions CAPTION:Īnonymous Physician (M-170-98) vs.
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