Use of depositions.

§ 4.1138 Use of depositions. At the hearing, any part or all of a deposition, so far as admissible, may be used against any party who was present or represented at the taking of the deposition, or who had reasonable notice thereof, in accordance with any of the following provisions— (a) Any deposition may be used by any party for the purpose of contradicting or impeaching the testimony of a deponent as a witness; (b) The deposition of a party or of anyone who at the time of taking the deposition was an officer, director, or managing agent or a person designated to testify on behalf of a public or private corporation, partnership, or association or governmental agency which is a party may be used by an adverse party for any purpose; or (c) The deposition of a witness, whether or not a party, may be used by a party for any purpose if the administrative law judge finds that— (1) The witness is dead; (2) The witness is at a distance greater than 100 miles from the place of hearing, or is outside the United States, unless it appears that the absence of the witness was procured by the party offering the deposition; (3) The witness is unable to attend or testify because of age, illness, infirmity, or imprisonment; (4) The party offering the deposition has been unable to procure the attendance of the witness by subpoena; or (5) Such exceptional circumstances exist as to make it desirable, in the interest of justice and with due regard to the importance of presenting the testimony of witnesses orally at the hearing, to allow the deposition to be used.