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10802 judge, or by some other employee of the Department. or by a. U .8. marshal or his deputy. Service shall be made either (1) by delivering a COpy of the document or paper to the indivIdual to be served, or to a member of the partnership to be served, or to the president, secretary I or other executive officer or any director of the corporation or association to be served. or to the attorney or agent of record of such individual, partnership, corporation. or association; or- (2) by leaving a copy.of the document or paper at the principal office or place of busi- ness of such individual, partnership, corporation, or association, or of its at~ torney or agent of record; or (3) by reg- istering or certifying and mailing a copy . of the document or paper, addressed to such individual, partnership. corporation, or association, or to his or its attorney or agent of record, at his or its last known residence or principal oflice or place at business: Provided, That if the registered or certified document or paper is not a complaint or final order and is returned undelivered because the addressee re- fused or failed to accept delivery, the document or paper shall be remailed by regular mail. Proo! of service hereunder shall be made by the certificate of the person who actually made the service: Provided, That if the service be made by mail, as outlined in subparagraph (3) of this paragraph, proof of service shall be made by the return post oflice receipt, in the case of registered or certified mall, or by the certificate of the person who mailed the matter by regular mail. The certificate and post ofiice receipt con- templated herein shall be filed with the hearing clerk, and the fact of filing thereof shall be noted in the record of the proceeding. ~ ]2.]6-3 Compuln.tion of time. Saturdays, Sundays, and holidays shall be included in computing the time al- lowed for the flling of any document or paper: Provided, That, when such time expires on a Saturday, Sunday, or Fed- eral legal holiday, such period shall be extended to include the next following business day. ~ 12.16-4 Exlension of time. The time for the flling of any docu- ment or paper required or authorized under the rules in this part to be filed ma.y be extended by the administrative law judge <before the administrative law judge's initial decision is tl.led) or by the secretary (after the administra- tive law judge's initial decision is filed), if request for such extension of time is made prior to or on the final date al- lowed for such filing, and if, in the Judg- ment of the administrative law judge or the,secretary, as the case may be, after notice to and consideration of the views of the other party, when practicable, there is a good reason for the extension. ~ 12.17 Deposilions. ~ 12.17-1 Appliulion for taking depo- silion. Upon the appllcaUon of a party to the proceeding, the o.dm1nlstrative law JUdge RULES AND REGULATIONS may, at any time after the filing of the complaint, order, under the facsimile signature of the secretary, the tak.ing of testimony by deposition. The BPpltca- tion shall be in writing and shall be filed with the hearing clerk and shall set forth: (a) The name and address of the proposed deponent; (b) the name and address of the person (referred to in this section as officer), qualified under the rules in this part to take depositions, before whom the proposed examination is to be made; (c) the proposed time and place of the examination, which should be at least 15 days after the date of the ma1llng of the application; and (d) the reasons why such deposition should be taken. ~ ]2.]7-2 Admini~trnli~e law judge's order lor laking deposilion. If the administrative "law judge Is satisfied that good cause for taking the depo~1tion is present, he may order its taking. The order shall be tl.led wIth the hearing clerk and shall be served upon the parties and shall state: (a) The time and place of the examination (which shall not be less than 10 days after the flUng of the order); (b). the name of the officer before whom the examination is to be made; and (c) the name of the de- ponent. The officer and the time and place need not be the same as those sug- gested 1n the application. ~ ]2.17-3 Qualifications of officers. The deposition shall be made before the administrative law judge, or before an officer authorized by the law of the United states or by the law of the place of the examination to administer oaths, or before an officer authorized by the secretary to administer oaths. No deposi- tion shall be made before an officer who is a relative (within the third degree by blood or marriage), employee. at- torney, or counsel of any party or who is a relative (within the third degree by blood or marriage), or employee of any attorney or COWlSel for any party or who is financially interested in the result of the proceeding: Provided, how- ever, That an oMcer who 18 an employee of the Department and is not a relative of any such party, attorney, or counsel may take depositions in any proceeding under the act. ti 12.] 7-4 Procedure on exn.minntion. (a) The deponent shall be examined under oath or amnnatlon and shall be subject to cross-examination. The testi- mony of the deponent shall be recorded by the omcer or by some person under his direction and in his presence. In lIeu of oral cross-examination, parties may transmit written cross-interrogatories to the officer prior to the examination and the omcer shall propound such cross- interrogatories to the deponent. (b) The applicant must arrange for the examination of the witness either by oral examination or by written interrog- atories. If it is found by the adminis- trative law judge, upon the protest of a party to the proceeding, that such party has his residence Wld his place of busi- ness more titan 100 miles from the place of the examination and that it would constitute an undue hardship upon such party to be represented. at the examina- tIon, the applicant will be required to conduct the examination by means of interrogatories. When the examination is conducted by means of interrogatories. copies of the interrogatories shall be served upon the other parties to the pro- ceeding at least 5 days prior to the date set for the examination, and the other parties shall be afforded an opportunity to file with the officer cross-Interroga- tories at any time prior to the time of the examination. ~ ]%.17-5 Signature by witnc.!!s. The transcript of the deposition shall be read to or by the deponent. unless such reading is waived by the parties and the depondent. Any changes which the depondent wishes to make shall be entered upon the deposition by the om- cer, wIth a statement of the reasons gIven by the depondent for such changes. The deposition shall be sIgned by the depo- nent, unless the parties by stipulation waive such signing, or unless the depo- nent is ill or cannot be found or refuses to sign. If the deponent does not sign, the officer shall sign and shall state on the record the reason why the deponent did not sign. In such ca.se the deposition shall be as valid as though signed by the de}X>nent, unless the administrative law judge finds that the reason g1ven by the deponent for his refusal to sign reqUires rejection of the deposition in whole or in part. fi 12.]7-6 Certificalion b,. officer. The officer shall certify on the deposi- tion that the deponent was duly sworn by him and that the deposition 1::1 a true record at the deponent's testlmoIlY. He shall then securely seal the deposition. together with two copies thereof, in an envelope and mail the same by registered or certified mail to the hearing clerk. ~ 12.]7-7 Use of depositions. (a) A deposition ordered and taken in accord 11.1th the provisions of this sec- tlon, may be used in a proceeding WIder the act if the administrative law judge finds that the evidence is otherwise ad- missible and {1) that the witness is dead; or (2) that the witness is at a. greater distance than 100 miles from the place of hearing, unless it appears that the absence of the witness was procured by the party offering the depositIon; or (3) that the witness is unable to attend or testify because of age, sickness; infirmity, or imprisonment; or (4) in any event, upon application and notice that such exceptional circumstances exist as to make it desirable, in the inter- ests of justice and with due regard to the importance of presenting the testi- mony orally before the administrative law judge, to allow the deposition to be used. If any part of a deposition is put in evidence by a party, any other party may require the production of the re- mainder, or any other portion, of the deposition. 0, <!' 0, . FEDERAL REGISTER, VOL. 38, "-"0. 84-WEDNESDAY, MAY 2, 1973 .