[Code of Federal Regulations]

[Title 40, Volume 23]

[Revised as of July 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 40CFR164.51]



[Page 174]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 164_RULES OF PRACTICE GOVERNING HEARINGS, UNDER THE FEDERAL 

 

 Subpart B_General Rules of Practice Concerning Proceedings (Other Than 

                           Expedited Hearings)

 

Sec. 164.51  Other discovery.



    (a) General. Except as so provided by Sec. 164.50(b) supra, further 

discovery, under this subpart, shall be permitted only upon 

determination by the Administrative Law Judge (1) that such discovery 

shall not in any way unreasonably delay the proceeding, (2) that the 

information to be obtained is not otherwise obtainable and (3) that such 

information has significant probative value. The Administrative Law 

Judge shall be guided by the procedures set forth in the Federal Rules 

of Civil Procedure, where practicable, and the precedents thereunder, 

except that no discovery shall be undertaken except upon order of the 

Administrative Law Judge or upon agreement of the parties.

    (b) Depositions upon oral questions. The Administrative Law Judge 

shall order depositions upon oral questions only upon a showing of good 

cause and upon 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) Procedure. (1) Any party to the proceeding desiring discovery 

shall make a motion or motions therefor. Such a motion shall set forth 

(i) the circumstances warranting the taking of the discovery, (ii) the 

nature of the information expected to be discovered and (iii) the 

proposed time and place where it will be taken.

    (2) If the Administrative Law Judge determines the motion should be 

granted, he shall issue an order and appropriate subpoenas, if 

necessary, for the taking of such discovery together with the conditions 

and terms thereof.



                                 Motions