§1174.20. Discovery motions.
45 C.F.R. § 1174.20
Any party seeking discovery may file a motion with the ALJ together with a copy of the requested discovery, or in the case of depositions, a summary of the scope of the proposed deposition.
Within ten days of service, a party may file an opposition to the motion and/or a motion for protective order as provided in § 1174.24.
The ALJ may grant a motion for discovery only if he or she finds that the discovery sought—
Is necessary for the expeditious, fair, and reasonable consideration of the issues;
Is not unduly costly or burdensome;
Will not unduly delay the proceeding; and
Does not seek privileged information.
The burden of showing that the ALJ should allow discovery is on the party seeking discovery.
The ALJ may grant discovery subject to a protective order under § 1174.24.
Notes, amendments, and revision history
Authority
Authority: 31 U.S.C. 3801-3812; 5 U.S.C. App. 8G(a)(2).
Source
Source: 86 FR 44628, Aug. 13, 2021, unless otherwise noted.