[Code of Federal Regulations]

[Title 24, Volume 1]

[Revised as of April 1, 2006]

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

[CITE: 24CFR26.41]



[Page 291-292]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

PART 26_HEARING PROCEDURES--Table of Contents

 

     Subpart B_Hearings Pursuant to the Administrative Procedure Act

 

Sec.  26.41  Discovery.



    (a) Parties may obtain discovery regarding any matter, not 

privileged, that is relevant to the subject matter involved in the 

adjudication, whether it relates to the case or defense of the party 

seeking discovery or to the case or defense of any other party. It is 

not grounds for objection that the information sought will be 

inadmissible at the hearing, if such information appears reasonably 

calculated to lead to the discovery of admissible evidence.

    (b) Discovery in Program Fraud Civil Remedies actions (24 CFR part 

28), unless agreed to by the parties, shall be available only as ordered 

by the ALJ. The party opposing discovery shall have 10 days to respond 

to a motion for discovery. The ALJ shall grant a motion for discovery 

only if he or she finds that discovery is necessary for the expeditious, 

fair, and reasonable consideration of the issues, is not unduly costly 

or burdensome, will not unduly delay the proceeding, and does not seek 

privileged information. The ALJ may grant discovery subject to a 

protective order under Sec.  26.43. The request for approval sent to the 

Attorney General from the General Counsel or designee, as described in 

Sec.  28.20 of this title, is not discoverable under any circumstances.

    (c) The following types of discovery are authorized:

    (1) Requests for production of documents for inspection and copying. 

Nothing contained herein shall be interpreted to require the creation of 

a document.

    (2) Requests for admissions.

    (3) Written interrogatories. Such interrogatories shall be limited 

in number to 25, unless otherwise ordered by the ALJ.

    (4) Depositions.

    (d) Motions to compel. A party may file a motion to compel 

discovery. The motion shall describe the information sought, cite the 

opposing party's objection, and provide arguments supporting the motion. 

The opposing party may file a response to the motion, including a 

request for a protective order. The ALJ may issue an order compelling a 

response, issue sanctions pursuant to Sec.  26.36, or issue a protective 

order. For



[[Page 292]]



purposes of paragraph (d) of this section, an evasive or incomplete 

answer to a request for discovery is treated as a failure to answer.

    (e) Each party shall bear its own costs of discovery.