[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: 45CFR79.24]



[Page 290-291]

 

                        TITLE 45--PUBLIC WELFARE

 

                    SUBTITLE A--DEPARTMENT OF HEALTH

                           AND HUMAN SERVICES

 

PART 79_PROGRAM FRAUD CIVIL REMEDIES--Table of Contents

 

Sec.  79.24  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 make 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:



[[Page 291]]



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

discovery be limited to certain matters;

    (5) That 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; or

    (9) That the parties simultaneously file specified documents or 

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

ALJ.