[Code of Federal Regulations]
[Title 40, Volume 22]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR209.22]

[Page 163]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 209--RULES OF PRACTICE GOVERNING PROCEEDINGS UNDER THE NOISE CONTROL 
ACT OF 1972--Table of Contents
 
Subpart A--Rules of Practice Governing Hearings for Orders Issued Under 
                 Section 11(d) of the Noise Control Act
 
Sec. 209.22  Other discovery.

    (a) Further discovery under this section shall be undertaken only 
upon order of the administrative law judge or upon agreement of the 
parties, except as provided in Sec. 209.21. The administrative law judge 
shall order further discovery only after determining:
    (1) That such discovery will not delay the proceeding unreasonably;
    (2) That the information to be obtained is not obtainable 
voluntarily; and
    (3) That such information is relevant to the subject matter of the 
hearing.
    (b) The administrative law judge shall order depositions upon oral 
questions only upon a showing of good cause and a finding that:
    (1) The information sought cannot be obtained by alternative 
methods; or
    (2) There is a substantial reason to believe that relevant and 
probative evidence may otherwise not be preserved for presentation by a 
witness at the hearing.
    (c) Any party to the proceeding may make a motion or motions for an 
order of discovery. The motion shall set forth:
    (1) The circumstances which require the discovery;
    (2) The nature of the information expected to be discovered; and
    (3) The proposed time and place where it will be taken. If the 
administrative law judge determines the motion should be granted, he or 
she shall issue an order for the taking of such discovery together with 
the conditions and terms thereof.
    (d) A person's or party's failure to comply with a discovery order 
may lead to the inference that the information to be discovered is 
adverse to the person or party who failed to provide it.