[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: 34CFR33.24]



[Page 80]

 

                           TITLE 34--EDUCATION

 

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

 

Sec.  33.24  Protective order.



    (a) A party or a prospective witness or deponent may file a motion 

for a protective order with respect to discovery sought by an opposing 

party or with respect to the hearing, seeking to limit the availability 

or disclosure of evidence.

    (b) In issuing a protective order, the ALJ may take any order which 

justice requires to protect a party or person from annoyance, 

embarrassment, oppression, or undue burden or expense, including one or 

more of the following:

    (1) That the discovery not be had.

    (2) That the discovery may be had only on specified terms and 

conditions, including a designation of the time or place.

    (3) That the discovery may be had only through a method of discovery 

other than that requested.

    (4) That certain matters not be inquired into, or that the scope of 

discovery be limited to certain matters.

    (5) That the discovery be conducted with no one present except 

persons designated by the ALJ.

    (6) That the contents of discovery or evidence be sealed.

    (7) That a deposition after being sealed be opened only by order of 

the ALJ.

    (8) That a trade secret or other confidential research, development, 

commercial information, or facts pertaining to any criminal 

investigation, proceeding, or other administrative investigation not be 

disclosed or be disclosed only in a designated way.

    (9) That the parties simultaneously file specified documents or 

information enclosed in sealed envelopes to be opened as directed by the 

ALJ.



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