[Code of Federal Regulations]

[Title 45, Volume 4]

[Revised as of October 1, 2005]

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

[CITE: 45CFR1386.103]



[Page 355]

 

                        TITLE 45--PUBLIC WELFARE

 

CHAPTER XIII--OFFICE OF HUMAN DEVELOPMENT SERVICES, DEPARTMENT OF HEALTH 

                           AND HUMAN SERVICES

 

PART 1386_FORMULA GRANT PROGRAMS--Table of Contents

 

  Subpart D_Practice and Procedure for Hearings Pertaining to States' 

 Conformity and Compliance With Developmental Disabilities State Plans, 

                    Reports and Federal Requirements

 

Sec. 1386.103  Discovery.



    The Department and any party named in the Notice issued pursuant to 

Sec. 1386.90 has the right to conduct discovery (including depositions) 

against opposing parties as provided by the Federal Rules of Civil 

Procedure. There is no fixed rule on priority of discovery. Upon written 

motion, the presiding officer must promptly rule upon any objection to 

discovery action. The presiding officer also has the power to grant a 

protective order or relief to any party against whom discovery is sought 

and to restrict or control discovery so as to prevent undue delay in the 

conduct of the hearing. Upon the failure of any party to make discovery, 

the presiding officer may issue any order and impose any sanction other 

than contempt orders authorized by Rule 37 of the Federal Rules of Civil 

Procedure.