§180.535. Protective orders.
24 C.F.R. § 180.535
Upon motion of a party or a person from whom discovery is sought or in accordance with § 180.540(c), and for good cause shown, the ALJ may make appropriate orders to protect a party or person from annoyance, embarrassment, oppression, or undue burden or expense as a result of the requested discovery request. The order may direct that:
The discovery may not be had;
The discovery may be had only on specified terms and conditions, including at a designated time and place;
The discovery may be had by a method of discovery other than that selected by the party seeking discovery;
Certain matters may not be the subject of discovery, or the scope of discovery may be limited to certain matters;
Discovery may be conducted with no one present other than persons designated by the ALJ;
A trade secret or other confidential research, development or commercial information may not be disclosed, or may be disclosed only in a designated way; or
The party or other person from whom discovery is sought may file specified documents or information under seal to be opened as directed by the ALJ.
The ALJ may permit a party or other person from whom discovery is sought, who is seeking a protective order, to make all or part of the showing of good cause in camera. If such a showing is made, upon motion of the party or other person from whom discovery is sought, an in camera record of the proceedings may be made. If the ALJ enters a protective order, any in camera record of such showing shall be sealed and preserved and made available to the ALJ or, in the event of appeal, to the Secretary or a court.
Notes, amendments, and revision history
Authority
Authority: 28 U.S.C. 1 note; 29 U.S.C. 794; 42 U.S.C. 2000d-1, 3535(d), 3601-3619, 5301-5320, and 6103.
Source
Source: 61 FR 52218, Oct. 4, 1996, unless otherwise noted.