[Code of Federal Regulations]

[Title 49, Volume 4]

[Revised as of October 1, 2005]

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

[CITE: 49CFR209.313]



[Page 30]

 

                        TITLE 49--TRANSPORTATION

 

       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 

                             TRANSPORTATION

 

PART 209_RAILROAD SAFETY ENFORCEMENT PROCEDURES--Table of Contents

 

                  Subpart D_Disqualification Procedures

 

Sec. 209.313  Discovery.



    (a) Disqualification proceedings shall be conducted as expeditiously 

as possible with due regard to the rights of the parties. Discovery is 

designed to enable a party to obtain relevant information needed for 

preparation of the party's case. These regulations are intended to 

provide a simple, timely, and relatively economical system for 

discovery. They shall be interpreted and applied so as to avoid delay 

and facilitate adjudication of the case.

    (b) Discovery may be obtained by requests for admission under Sec. 

209.6, requests for production of documentary or other tangible evidence 

under Sec. 209.7, and depositions under Sec. 209.8.

    (c) A party may initiate the methods of discovery permitted under 

paragraph (b) of this section at any time after respondent requests a 

hearing under Sec. 209.311.

    (d) Discovery shall be completed within 90 days after receipt of 

respondent's request for a hearing under Sec. 209.311. Upon motion for 

good cause shown, the presiding officer may extend this time period for 

an additional 30 days. The presiding officer may grant an additional 30 

day extension only when the party requesting the extension shows by 

clear and convincing evidence that the party was unable to complete 

discovery within the prescribed time period through no fault or lack of 

due diligence of such party, and that denial of the request would result 

in irreparable prejudice.

    (e) If a party fails to comply with a discovery order or an order to 

compel, the presiding officer may:

    (1) Strike any appropriate part of the pleadings or other 

submissions of the party failing to comply with such order;

    (2) Prohibit the party failing to comply with such order from 

introducing evidence relating to the information sought;

    (3) Draw an inference in favor of the requesting party with regard 

to the information sought; and

    (4) Permit the requesting party to introduce secondary evidence 

concerning the information sought.