[Code of Federal Regulations]
[Title 29, Volume 9]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR2570.66]

[Page 568]
 
                             TITLE 29--LABOR
 
 CHAPTER XXV--EMPLOYEE BENEFITS SECURITY ADMINISTRATION, DEPARTMENT OF 
                                  LABOR
 
PART 2570_PROCEDURAL REGULATIONS UNDER THE EMPLOYEE RETIREMENT INCOME 
SECURITY ACT--Table of Contents
 
 Subpart C_Procedures for the Assessment of Civil Penalties Under ERISA 
                            Section 502(c)(2)
 
Sec. 2570.66  Scope of discovery.

    For 502(c)(2) civil penalty proceedings, this section shall apply in 
lieu of Sec. 18.14 of this title.
    (a) A party may file a motion to conduct discovery with the 
administrative law judge. The motion for discovery shall be granted by 
the administrative law judge only upon a showing of good cause. In order 
to establish ``good cause'' for the purposes of this section, a party 
must show that the discovery requested relates to a genuine issue as to 
a material fact that is relevant to the proceeding. The order of the 
administrative law judge shall expressly limit the scope and terms of 
discovery to that for which ``good cause'' has been shown, as provided 
in this paragraph.
    (b) A party may obtain discovery of documents and tangible things 
otherwise discoverable under paragraph (a) of this section and prepared 
in anticipation of or for the hearing by or for another party's 
representative (including his or her attorney, consultant, surety, 
indemnitor, insurer, or agent) only upon showing that the party seeking 
discovery has substantial need of the materials or information in the 
preparation of his or her case and that he or she is unable without 
undue hardship to obtain the substantial equivalent of the materials or 
information by other means. In ordering discovery of such materials when 
the required showing has been made, the administrative law judge shall 
protect against disclosure of the mental impressions, conclusions, 
opinions, or legal theories of an attorney or other representatives of a 
party concerning the proceeding.