[Code of Federal Regulations]

[Title 40, Volume 24]

[Revised as of July 1, 2006]

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

[CITE: 40CFR209.22]



[Page 165]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 209_RULES OF PRACTICE GOVERNING PROCEEDINGS UNDER THE NOISE CONTROL 

ACT OF 1972--Table of Contents

 

 Subpart A_Rules of Practice Governing Hearings for Orders Issued Under 

                 Section 11(d) of the Noise Control Act

 

Sec.  209.22  Other discovery.



    (a) Further discovery under this section shall be undertaken only 

upon order of the administrative law judge or upon agreement of the 

parties, except as provided in Sec.  209.21. The administrative law 

judge shall order further discovery only after determining:

    (1) That such discovery will not delay the proceeding unreasonably;

    (2) That the information to be obtained is not obtainable 

voluntarily; and

    (3) That such information is relevant to the subject matter of the 

hearing.

    (b) The administrative law judge shall order depositions upon oral 

questions only upon a showing of good cause and a finding that:

    (1) The information sought cannot be obtained by alternative 

methods; or

    (2) There is a substantial reason to believe that relevant and 

probative evidence may otherwise not be preserved for presentation by a 

witness at the hearing.

    (c) Any party to the proceeding may make a motion or motions for an 

order of discovery. The motion shall set forth:

    (1) The circumstances which require the discovery;

    (2) The nature of the information expected to be discovered; and

    (3) The proposed time and place where it will be taken. If the 

administrative law judge determines the motion should be granted, he or 

she shall issue an order for the taking of such discovery together with 

the conditions and terms thereof.

    (d) A person's or party's failure to comply with a discovery order 

may lead to the inference that the infor mation to be discovered is 

adverse to the person or party who failed to provide it.