[Code of Federal Regulations]
[Title 28, Volume 2]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 28CFR68.42]

[Page 236]
 
                    TITLE 28--JUDICIAL ADMINISTRATION
 
              CHAPTER I--DEPARTMENT OF JUSTICE (Continued)
 
 PART 68--RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE ADMINISTRATIVE LAW JUDGES IN CASES INVOLVING ALLEGATIONS OF UNLAWFUL EMPLOYMENT OF 
ALIENS, UNFAIR IMMIGRATION-RELATED EMPLOYMENT PRACTICES, AND DOCUMENT FRAUD--Table of Contents
 
Sec. 68.42  In camera and protective orders.

    (a) Privileged communications. Upon application of any person, the 
Administrative Law Judge may limit discovery or introduction of evidence 
or enter such protective or other orders as in the Judge's judgment may 
be consistent with the objective of protecting privileged communications 
and of protecting data and other material the disclosure of which would 
unreasonably prejudice a party, witness, or third party.
    (b) Classified or sensitive matter. (1) Without limiting the 
discretion of the Administrative Law Judge to give effect to any other 
applicable privilege, it shall be proper for the Administrative Law 
Judge to limit discovery or introduction of evidence or to enter such 
protective or other orders as in the Judge's judgment may be consistent 
with the objective of preventing undue disclosure of classified or 
sensitive matter. When the Administrative Law Judge determines that 
information in documents containing sensitive matter should be made 
available the Judge may direct the producing party to prepare an 
unclassified or nonsensitive summary or extract of the original. The 
summary or extract may be admitted as evidence in the record.
    (2) If the Administrative Law Judge determines that this procedure 
is inadequate and that classified or otherwise sensitive matter must 
form part of the record in order to avoid prejudice to any party, the 
Judge may so advise the parties and provide an opportunity for 
arrangements to permit a party or a representative to have access to 
such matter. Such arrangements may include obtaining security clearances 
or giving counsel for a party access to sensitive information and 
documents subject to assurances against further disclosure.

[Order No. 2203-99, 64 FR 7079, Feb. 12, 1999]