[Code of Federal Regulations]
[Title 15, Volume 2]
[Revised as of January 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 15CFR719.10]

[Page 185-186]
 
                  TITLE 15--COMMERCE AND FOREIGN TRADE
 
  CHAPTER VII--BUREAU OF INDUSTRY AND SECURITY, DEPARTMENT OF COMMERCE
 
PART 719_ENFORCEMENT--Table of Contents
 
Sec.  719.10  Discovery.

    (a) General. The parties are encouraged to engage in voluntary 
discovery regarding any matter, not privileged, which is relevant to the 
subject matter of the pending proceeding. The provisions of the Federal 
Rules of Civil Procedure relating to discovery apply to the extent 
consistent with this part and except as otherwise provided by the ALJ or 
by waiver or agreement of the parties. The ALJ may make any order which 
justice requires to protect a party or person from annoyance, 
embarrassment, oppression, or undue burden or expense. These orders may 
include limitations on the scope, method, time and place of discovery, 
and provisions for protecting the confidentiality of classified or 
otherwise sensitive information, including Confidential Business 
Information (CBI) as defined by the Act.
    (b) Interrogatories and requests for admission or production of 
documents. A party may serve on any party interrogatories, requests for 
admission, or requests for production of documents for inspection and 
copying, and a party concerned may apply to the ALJ for such enforcement 
or protective order

[[Page 186]]

as that party deems warranted with respect to such discovery. The 
service of a discovery request shall be made at least 20 days before the 
scheduled date of the hearing unless the ALJ specifies a shorter time 
period. Copies of interrogatories, requests for admission and requests 
for production of documents and responses thereto shall be served on all 
parties and a copy of the certificate of service shall be filed with the 
ALJ. Matters of fact or law of which admission is requested shall be 
deemed admitted unless, within a period designated in the request (at 
least 10 days after service, or within such additional time as the ALJ 
may allow), the party to whom the request is directed serves upon the 
requesting party a sworn statement either denying specifically the 
matters of which admission is requested or setting forth in detail the 
reasons why the party to whom the request is directed cannot truthfully 
either admit or deny such matters.
    (c) Depositions. Upon application of a party and for good cause 
shown, the ALJ may order the taking of the testimony of any person by 
deposition and the production of specified documents or materials by the 
person at the deposition. The application shall state the purpose of the 
deposition and set forth the facts sought to be established through the 
deposition.
    (d) Enforcement. The ALJ may order a party to answer designated 
questions, to produce specified documents or things or to take any other 
action in response to a proper discovery request. If a party does not 
comply with such an order, the ALJ may make a determination or enter any 
order in the proceeding as the ALJ deems reasonable and appropriate. The 
ALJ may strike related charges or defenses in whole or in part or may 
take particular facts relating to the discovery request to which the 
party failed or refused to respond as being established for purposes of 
the proceeding in accordance with the contentions of the party seeking 
discovery. In addition, enforcement by any district court of the United 
States in which venue is proper may be sought as appropriate.