[Code of Federal Regulations]
[Title 40, Volume 23]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR164.51]

[Page 180-181]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 164_RULES OF PRACTICE GOVERNING HEARINGS, UNDER THE FEDERAL INSECTICIDE, 
 
 Subpart B_General Rules of Practice Concerning Proceedings (Other Than 
 
Sec. 164.51  Other discovery.

    (a) General. Except as so provided by Sec. 164.50(b) supra, further 
discovery, under this subpart, shall be permitted only upon 
determination by the Administrative Law Judge (1) that such discovery 
shall not in any way unreasonably delay the proceeding, (2) that the 
information to be obtained is not otherwise obtainable and (3) that such 
information has significant probative value. The Administrative Law 
Judge shall be guided by the procedures set forth in the Federal Rules 
of Civil Procedure, where practicable, and the precedents thereunder, 
except that no discovery shall be undertaken except upon order of the 
Administrative Law Judge or upon agreement of the parties.
    (b) Depositions upon oral questions. The Administrative Law Judge 
shall order depositions upon oral questions only upon a showing of good 
cause and upon 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) Procedure. (1) Any party to the proceeding desiring discovery 
shall make a motion or motions therefor. Such a motion shall set forth 
(i) the

[[Page 181]]

circumstances warranting the taking of the discovery, (ii) the nature of 
the information expected to be discovered and (iii) the proposed time 
and place where it will be taken.
    (2) If the Administrative Law Judge determines the motion should be 
granted, he shall issue an order and appropriate subpoenas, if 
necessary, for the taking of such discovery together with the conditions 
and terms thereof.

                                 Motions