---
kind: "section"
citation: "43 C.F.R. § 4.1031"
title: "43"
number: "4.1031"
heading: "Under what circumstances will the ALJ authorize a party to obtain discovery of information?"
url: "https://uscodex.org/cfr/43/4.1031"
---

# §4.1031. Under what circumstances will the ALJ authorize a party to obtain discovery of information?

- (a) **General.** A party may obtain discovery of information to assist in preparing or presenting its case only if the ALJ determines that the party has met the criteria set forth in [paragraph (b)](#b) of this section and authorizes the discovery in a written order or during a prehearing conference. Available methods of discovery are:
  - (1) Written interrogatories;
  - (2) Depositions; and
  - (3) Requests for production of designated documents or tangible things or for entry on designated land for inspection or other purposes.
- (b) **Criteria.** The ALJ may authorize discovery only under extraordinary circumstances and if the party requesting discovery demonstrates:
  - (1) That the discovery will not unreasonably delay the hearing process;
  - (2) That the scope of the discovery is not unduly burdensome;
  - (3) That the method to be used is the least burdensome method available;
  - (4) That any confidential information can be adequately safeguarded; and
  - (5) **That the information sought—**
    - (i) Will be admissible at the hearing or appears reasonably calculated to lead to the discovery of admissible evidence;
    - (ii) Is not otherwise obtainable by the party;
    - (iii) Is not cumulative or repetitious; and
    - (iv) **Is not privileged or protected from disclosure by applicable law.**
- (c) **Motions.** A party seeking the ALJ's authorization for discovery must file a motion that:
  - (1) Briefly describes the proposed methodology, purpose, and scope of the discovery;
  - (2) Explains how the discovery meets the criteria in [paragraph (b)](#b) of this section; and
  - (3) Attaches a copy of any proposed discovery request (written interrogatories, notice of deposition, or request for production of designated documents or tangible things or for entry on designated land).
- (d) **Timing of motions.** Any discovery motion under [paragraph (c)](#c) of this section must be filed:
  - (1) Within 30 days after issuance of the docketing notice under [§ 4.1020](/cfr/43/4.1020.md) if the discovery sought is between the petitioner and OFA; and
  - (2) Within 50 days after issuance of the docketing notice under [§ 4.1020](/cfr/43/4.1020.md) if the discovery sought is between a full intervenor and another party.
- (e) **Objections.**
  - (1) A party must file any objections to a discovery motion or to specific portions of a proposed discovery request within 10 days after service of the motion.
  - (2) An objection must explain how, in the objecting party's view, the discovery sought does not meet the criteria in [paragraph (b)](#b) of this section.

## Notes

### Authority

Authority: 5 U.S.C. 301; 25 U.S.C. 2, 9, 479a-1.

### Source

Source: 80 FR 48459, Aug. 13, 2015, unless otherwise noted.

### Authority

Authority: 5 U.S.C. 301, 503-504; 25 U.S.C. 9, 372-74, 410, 2201 et seq.; 43 U.S.C. 1201, 1457; Pub. L. 99-264, 100 Stat. 61, as amended.

### Source

Source: 36 FR 7186, Apr. 15, 1971, unless otherwise noted.