Can an agency adopt discovery rules and deposition procedures for its proceedings?

• A. Yes, each agency may adopt
• B. No, only the courts do
• C. Only for depositions
• D. Only when mandated by statute

Answer: (A)

Agencies have the authority to regulate their own hearings, including adopting discovery and deposition procedures. Under the agency’s enabling statute and the State Administrative Procedure Act, a proceeding can be governed by its own rules of practice, which may cover how parties obtain information, request documents, compel testimony, and conduct depositions. This flexibility lets each agency tailor fact-finding to its specialized area while safeguarding due process. The rules adopted by an agency apply in its proceedings and govern discovery unless a statute or constitutional requirement imposes a different limit. So, an agency may indeed adopt discovery rules and deposition procedures for its proceedings, rather than relying solely on court procedures or waiting for statutes mandating such steps.