Section 11511 Of Chapter 5. Administrative Adjudication: Formal Hearing From California Government Code >> Division 3. >> Title 2. >> Part 1. >> Chapter 5.
11511
. On verified petition of any party, an administrative law
judge or, if an administrative law judge has not been appointed, an
agency may order that the testimony of any material witness residing
within or without the state be taken by deposition in the manner
prescribed by law for depositions in civil actions under Title 4
(commencing with Section 2016.010) of Part 4 of the Code of Civil
Procedure. The petition shall set forth the nature of the pending
proceeding; the name and address of the witness whose testimony is
desired; a showing of the materiality of the testimony; a showing
that the witness will be unable or cannot be compelled to attend; and
shall request an order requiring the witness to appear and testify
before an officer named in the petition for that purpose. The
petitioner shall serve notice of hearing and a copy of the petition
on the other parties at least 10 days before the hearing. Where the
witness resides outside the state and where the administrative law
judge or agency has ordered the taking of the testimony by
deposition, the agency shall obtain an order of court to that effect
by filing a petition therefor in the superior court in Sacramento
County. The proceedings thereon shall be in accordance with the
provisions of Section 11189.