[Code of Federal Regulations]

[Title 45, Volume 1]

[Revised as of October 1, 2006]

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

[CITE: 45CFR160.516]



[Page 720]

 

                        TITLE 45--PUBLIC WELFARE

 

                    SUBTITLE A--DEPARTMENT OF HEALTH

                           AND HUMAN SERVICES

 

PART 160_GENERAL ADMINISTRATIVE REQUIREMENTS--Table of Contents

 

                    Subpart E_Procedures for Hearings

 

Sec.  160.516  Discovery.



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

documents for inspection and copying that 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 may be 

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

data stored in an electronic data storage system must 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 may 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 must 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 must 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 before 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.