[Code of Federal Regulations]
[Title 36, Volume 3]
[Revised as of July 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 36CFR1150.63]

[Page 290]
 
              TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY
 
 CHAPTER XI--ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOARD
 
PART 1150--PRACTICE AND PROCEDURES FOR COMPLIANCE HEARINGS--Table of Contents
 
             Subpart G--Prehearing Conferences and Discovery
 
Sec. 1150.63  Discovery.

    (a) Parties are encouraged to engage in voluntary discovery 
procedures. For good cause shown under appropriate circumstances, but 
not as a matter of course, the judge may entertain motions for 
permission for discovery and issue orders including orders--(1) to 
submit testimony upon oral examination or written interrogatories before 
an officer authorized to administer oaths, (2) to permit service of 
written interrogatories upon the opposing party, (3) to produce and 
permit inspection of designated documents, and (4) to permit service 
upon the opposing parties of a request for the admission of specified 
facts.
    (b) Motions for discovery shall be granted only to the extent and 
upon such terms as the judge in his/her discretion considers to be 
consistent with and essential to the objective of securing a just and 
inexpensive determination of the merits of the citation without 
unnecessary delay.
    (c) In connection with any discovery procedure, the judge may make 
any order which justice requires to protect a party or person from 
annoyance, embarrassment, oppression or undue burden or expense, 
including limitations on the scope, method, time and place for 
discovery, and provisions for protecting the secrecy of confidential 
information or documents. If any party fails to comply with a discovery 
order of the judge, without an excuse or explanation satisfactory to the 
judge, the judge may decide the fact or issue relating to the material 
requested to be produced, or the subject matter of the probable 
testimony, in accordance with claims of the other party in interest or 
in accordance with the other evidence available to the judge, or make 
such other ruling as he/she determines just and proper.