[Code of Federal Regulations]

[Title 34, Volume 1]

[Revised as of July 1, 2006]

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

[CITE: 34CFR33.21]



[Page 79]

 

                           TITLE 34--EDUCATION

 

PART 33_PROGRAM FRAUD CIVIL REMEDIES ACT--Table of Contents

 

Sec.  33.21  Discovery.



    (a) The following types of discovery are authorized:

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

    (2) Requests for admissions of the authenticity of any relevant 

document or of the truth of any relevant fact.

    (3) Written interrogatories.

    (4) Depositions.

    (b) For the purpose of this section and Sec. Sec.  33.22 and 33.23, 

the term ``documents'' includes information, documents, reports, 

answers, records, accounts, papers, and other data and documentary 

evidence. Nothing contained in this part may be interpreted to require 

the creation of a document.

    (c) Unless mutually agreed to by the parties, discovery is available 

only as ordered by the ALJ. The ALJ shall regulate the timing of 

discovery.

    (d) Motions for discovery. (1) A party seeking discovery may file a 

motion with the ALJ. Such a motion shall be accompanied by a copy of the 

requested discovery, or in the case of depositions, a summary of the 

scope of the proposed deposition.

    (2) Within ten days of service, a party may file an opposition to 

the motion or a motion for protective order, or both, as provided in 

Sec.  33.24.

    (3) The ALJ may grant a motion for discovery only if he finds that 

the discovery sought:

    (i) Is necessary for the expeditious, fair, and reasonable 

determination of the issues;

    (ii) Is not unduly costly or burdensome;

    (iii) Will not unduly delay the proceeding; and

    (iv) Does not seek privileged information.

    (4) The burden of showing that discovery should be allowed is on the 

party seeking discovery.

    (5) The ALJ may grant discovery subject to a protective order under 

Sec.  33.24.



(Authority: 31 U.S.C. 3803(a)(3)(B)(ii))



    (e) Depositions. (1) If a motion for deposition is granted, the ALJ 

shall issue a subpoena for the deponent, which may require the deponent 

to produce documents. The subpoena must specify the time and place at 

which the deposition will be held.

    (2) The party seeking to depose shall serve the subpoena in the 

manner prescribed in Sec.  33.8.

    (3) The deponent may file with the ALJ a motion to quash the 

subpoena or a motion for a protective order within ten days of service.

    (4) The party seeking to depose shall provide for the taking a 

verbatim transcript of the deposition, which the party shall make 

available to all other parties for inspection and copying.

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



(Authority: 31 U.S.C. 3803(g)(3)(B)(ii))