[Code of Federal Regulations]
[Title 34, Volume 1]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 34CFR81.16]

[Page 221]
 
                           TITLE 34--EDUCATION
 
PART 81--GENERAL EDUCATION PROVISIONS ACT--ENFORCEMENT--Table of Contents
 
                      Subpart A--General Provisions
 
Sec.  81.16  Discovery.

    (a) The parties to a case are encouraged to exchange relevant 
documents and information voluntarily.
    (b) The ALJ, at a party's request, may order compulsory discovery 
described in paragraph (c) of this section if the ALJ determines that--
    (1) The order is necessary to secure a fair, expeditious, and 
economical resolution of the case;
    (2) The discovery requested is likely to elicit relevant information 
with respect to an issue in the case;
    (3) The discovery request was not made primarily for the purposes of 
delay or harassment; and
    (4) The order would serve the ends of justice.
    (c) If a compulsory discovery is permissible under paragraph (b) of 
this section, the ALJ may order a party to do one or more of the 
following:
    (1) Make relevant documents available for inspection and copying by 
the party making the request.
    (2) Answer written interrogatories that inquire into relevant 
matters.
    (3) Have depositions taken.
    (d) The ALJ may issue a subpoena to enforce an order described in 
this section and may apply to the appropriate court of the United States 
to enforce the subpoena.
    (e) The ALJ may not compel the discovery of information that is 
legally privileged.
    (f)(1) The ALJ limits the period for discovery to not more than 90 
days but may grant an extension for good cause.
    (2) At a party's request, the ALJ may set a specific schedule for 
discovery.

(Authority: 20 U.S.C. 1234(f)(1) and (g))