[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: 34CFR81.16]



[Page 233]

 

                           TITLE 34--EDUCATION

 

PART 81_GENERAL EDUCATION PROVISIONS ACT_ENFORCEMENT--Table of Contents

 

                      Subpart A_General Provisions

 

Sec.  81.16  Discovery.



    (a) The parties to a case are encouraged to exchange relevant 

documents and information voluntarily.

    (b) The ALJ, at a party's request, may order compulsory discovery 

described in paragraph (c) of this section if the ALJ determines that--

    (1) The order is necessary to secure a fair, expeditious, and 

economical resolution of the case;

    (2) The discovery requested is likely to elicit relevant information 

with respect to an issue in the case;

    (3) The discovery request was not made primarily for the purposes of 

delay or harassment; and

    (4) The order would serve the ends of justice.

    (c) If a compulsory discovery is permissible under paragraph (b) of 

this section, the ALJ may order a party to do one or more of the 

following:

    (1) Make relevant documents available for inspection and copying by 

the party making the request.

    (2) Answer written interrogatories that inquire into relevant 

matters.

    (3) Have depositions taken.

    (d) The ALJ may issue a subpoena to enforce an order described in 

this section and may apply to the appropriate court of the United States 

to enforce the subpoena.

    (e) The ALJ may not compel the discovery of information that is 

legally privileged.

    (f)(1) The ALJ limits the period for discovery to not more than 90 

days but may grant an extension for good cause.

    (2) At a party's request, the ALJ may set a specific schedule for 

discovery.



(Authority: 20 U.S.C. 1234(f)(1) and (g))