[Code of Federal Regulations]
[Title 6, Volume 1]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 6CFR13.20]

[Page 60]
 
                       TITLE 6--HOMELAND SECURITY
 
   CHAPTER I--DEPARTMENT OF HOMELAND SECURITY, OFFICE OF THE SECRETARY
 
PART 13_PROGRAM FRAUD CIVIL REMEDIES--Table of Contents
 
Sec.  13.20  Disclosure of Documents.

    (a) Upon written request to the Reviewing Official, the Defendant 
may review, at a time and place convenient to the Authority, any 
relevant and material Documents, transcripts, records, and other 
materials that relate to the allegations set out in the Complaint and 
upon which the findings and conclusions of the Investigating Official 
under Sec.  13.4(b) are based, unless such Documents are subject to a 
privilege under Federal law. Special arrangements as to confidentiality 
may be required by the Reviewing Official, who may also assert privilege 
or other related doctrines. Upon payment of fees for duplication, the 
Defendant may obtain copies of such Documents.
    (b) Upon written request to the Reviewing Official, the Defendant 
also may obtain a copy of all exculpatory information in the possession 
of the Reviewing Official or Investigating Official relating to the 
allegations in the Complaint, even if it is contained in a Document that 
would otherwise be privileged. If the Document would otherwise be 
privileged, only that portion containing exculpatory information must be 
disclosed.
    (c) The notice sent to the Attorney General from the Reviewing 
Official as described in Sec.  13.5 is not discoverable under any 
circumstances.
    (d) The Defendant may file a motion to compel disclosure of the 
Documents subject to the provisions of this section. Such a motion may 
only be filed following the serving of an answer pursuant to Sec.  13.9.