[Code of Federal Regulations]
[Title 45, Volume 4]
[Revised as of October 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 45CFR1386.103]

[Page 355]
 
                        TITLE 45--PUBLIC WELFARE
 
CHAPTER XIII--OFFICE OF HUMAN DEVELOPMENT SERVICES, DEPARTMENT OF HEALTH 
                           AND HUMAN SERVICES
 
PART 1386_FORMULA GRANT PROGRAMS--Table of Contents
 
  Subpart D_Practice and Procedure for Hearings Pertaining to States' 
 Conformity and Compliance With Developmental Disabilities State Plans, 
                    Reports and Federal Requirements
 
Sec.  1386.103  Discovery.

    The Department and any party named in the Notice issued pursuant to 
Sec.  1386.90 has the right to conduct discovery (including depositions) 
against opposing parties as provided by the Federal Rules of Civil 
Procedure. There is no fixed rule on priority of discovery. Upon written 
motion, the presiding officer must promptly rule upon any objection to 
discovery action. The presiding officer also has the power to grant a 
protective order or relief to any party against whom discovery is sought 
and to restrict or control discovery so as to prevent undue delay in the 
conduct of the hearing. Upon the failure of any party to make discovery, 
the presiding officer may issue any order and impose any sanction other 
than contempt orders authorized by Rule 37 of the Federal Rules of Civil 
Procedure.