Sec. 02.02.07.04. Testimony Under Oath  


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  • A. Presiding Officer. Testimony under oath shall be taken before the Commissioner or an officer designated by the Commissioner.

    B. Attendance at Testimony. A witness who testifies under oath in compliance with a subpoena may be accompanied and represented by counsel. Members of the Division involved in the investigation may be present during the taking of testimony. Other persons may not attend unless permitted in the discretion of the Commissioner.

    C. Examination of Witness. The following individuals may ask questions of the witness:

    (1) Attorneys representing the Division;

    (2) The Commissioner; and

    (3) Counsel representing the witness.

    D. Record of Testimony. Testimony shall be recorded by a stenographer or by tape recorder or other device. Any other recording is not permitted. The recording of the testimony shall be maintained in the custody of the Division.