§681.22. Are protective orders available?
45 C.F.R. § 681.22
A party or prospective witness or deponent may file a motion for a protective order with respect to discovery sought by an opposing party or with respect to the hearing, seeking to limit the availability or disclosure of evidence.
In issuing a protective order, the ALJ may make any order which justice requires to protect a party or person from annoyance, embarrassment, oppression, or undue burden or expense, including one or more of the following:
That the discovery not be had;
That the discovery may be had only on specified terms and conditions;
That the discovery may be had only through a method of discovery other than requested;
That certain matters not be inquired into, or that the scope of discovery be limited to certain matters;
That discovery be conducted with no one present except persons designated by the ALJ;
That the contents of the discovery be sealed;
That a deposition after being sealed be opened only by order of the ALJ;
That a trade secret or other confidential research, development, commercial information, or facts pertaining to any criminal investigation, proceeding, or other administrative investigation not be disclosed or be disclosed only in a designated way; or
That the parties simultaneously file specified documents or information enclosed in sealed envelopes to be opened as directed by the ALJ.
Notes, amendments, and revision history
Source
Source: 74 FR 26794, June 4, 2009, unless otherwise noted.