---
kind: "section"
citation: "45 C.F.R. § 681.22"
title: "45"
number: "681.22"
heading: "Are protective orders available?"
url: "https://uscodex.org/cfr/45/681.22"
---

# §681.22. Are protective orders available?

- (a) 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.
- (b) 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:
  - (1) That the discovery not be had;
  - (2) That the discovery may be had only on specified terms and conditions;
  - (3) That the discovery may be had only through a method of discovery other than requested;
  - (4) That certain matters not be inquired into, or that the scope of discovery be limited to certain matters;
  - (5) That discovery be conducted with no one present except persons designated by the ALJ;
  - (6) That the contents of the discovery be sealed;
  - (7) That a deposition after being sealed be opened only by order of the ALJ;
  - (8) 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
  - (9) That the parties simultaneously file specified documents or information enclosed in sealed envelopes to be opened as directed by the ALJ.

## Notes

### Source

Source: 74 FR 26794, June 4, 2009, unless otherwise noted.