[Code of Federal Regulations]

[Title 42, Volume 4]

[Revised as of October 1, 2006]

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

[CITE: 42CFR1005.7]



[Page 1199]

 

                         TITLE 42--PUBLIC HEALTH

 

      GENERAL--HEALTH CARE, DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

PART 1005_APPEALS OF EXCLUSIONS, CIVIL MONEY PENALTIES AND ASSESSMENTS--

 

Sec.  1005.7  Discovery.



    (a) A party may make a request to another party for production of 

documents for inspection and copying which are relevant and material to 

the issues before the ALJ.

    (b) For the purpose of this section, the term documents includes 

information, reports, answers, records, accounts, papers and other data 

and documentary evidence. Nothing contained in this section will be 

interpreted to require the creation of a document, except that requested 

data stored in an electronic data storage system will be produced in a 

form accessible to the requesting party.

    (c) Requests for documents, requests for admissions, written 

interrogatories, depositions and any forms of discovery, other than 

those permitted under paragraph (a) of this section, are not authorized.

    (d) This section will not be construed to require the disclosure of 

interview reports or statements obtained by any party, or on behalf of 

any party, of persons who will not be called as witnesses by that party, 

or analyses and summaries prepared in conjunction with the investigation 

or litigation of the case, or any otherwise privileged documents.

    (e)(1) When a request for production of documents has been received, 

within 30 days the party receiving that request will either fully 

respond to the request, or state that the request is being objected to 

and the reasons for that objection. If objection is made to part of an 

item or category, the part will be specified. Upon receiving any 

objections, the party seeking production may then, within 30 days or any 

other time frame set by the ALJ, file a motion for an order compelling 

discovery. (The party receiving a request for production may also file a 

motion for protective order any time prior to the date the production is 

due.)

    (2) The ALJ may grant a motion for protective order or deny a motion 

for an order compelling discovery if the ALJ finds that the discovery 

sought--

    (i) Is irrelevant,

    (ii) Is unduly costly or burdensome,

    (iii) Will unduly delay the proceeding, or

    (iv) Seeks privileged information.

    (3) The ALJ may extend any of the time frames set forth in paragraph 

(e)(1) of this section.

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

party seeking discovery.



[57 FR 3350, Jan. 29, 1992, as amended at 58 FR 5618, Jan. 22, 1993; 65 

FR 24418, Apr. 26, 2000; 65 FR 35584, June 5, 2000; 67 FR 11936, Mar. 

18, 2002]