Section 41.161. Written testimony

(a) Written testimony of a witness, including an expert witness, on numbered lines in question and answer form, may be admitted into evidence provided the witness is present for cross-examination at the hearing or the parties agree that the witness’ presence at the hearing is not required.

(b) Written testimony shall be filed concurrently with the proffering party’s position paper unless a different time is prescribed by the Bureau. Objections to written testimony that can be reasonably anticipated prior to hearing must be in writing and filed within the time prescribed for prehearing motions in limine, unless otherwise ordered by the Bureau.

(c) If a party desires to file written testimony prior to the close of the record, it may do so only upon motion approved by the Bureau for good cause. This approval will include the scope of the written testimony and the time for filing the testimony and service upon opposing counsel.

(d) Subsections (a)—(c) supersede 1 Pa. Code § § 35.138 and 35.139 (relating to expert witnesses; and fees of witnesses).