[Code of Federal Regulations]
[Title 10, Volume 4]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 10CFR820.28]

[Page 498-499]
 
                            TITLE 10--ENERGY
 
                    CHAPTER III--DEPARTMENT OF ENERGY
 
PART 820_PROCEDURAL RULES FOR DOE NUCLEAR ACTIVITIES--Table of Contents
 
                      Subpart B_Enforcement Process
 
Sec. 820.28  Prehearing actions.

    (a) General. The Presiding Officer shall establish a schedule for 
the adjudication and take such other actions as he determines 
appropriate to conduct the adjudication in a fair and expeditious 
manner.

[[Page 499]]

    (b) Prehearing conference. The Presiding Officer, at any time before 
a hearing begins, may direct the parties and their counsel, or other 
representatives, to appear at a conference before him to consider, as 
appropriate:
    (1) The settlement of the case;
    (2) The simplification of issues and stipulation of facts not in 
dispute;
    (3) The necessity or desirability of amendments to pleadings;
    (4) The exchange of exhibits;
    (5) The limitation of the number of expert or other witnesses;
    (6) Setting a time and place for the hearing; and
    (7) Any other matters that may expedite the disposition of the 
proceeding.
    (c) Exchange of witness lists and documents. Unless otherwise 
ordered by the Presiding Officer, at least five (5) days before any 
prehearing conference, each party shall make available to all other 
parties, as appropriate, the names of the expert and other witnesses it 
intends to call, together with a brief narrative summary of their 
expected testimony, and copies of all documents and exhibits that each 
party intends to introduce into evidence. Documents and exhibits shall 
be marked for identification as ordered by the Presiding Officer. 
Documents that have not been exchanged and witnesses whose names have 
not been exchanged shall not be introduced into evidence or allowed to 
testify without permission of the Presiding Officer. The Presiding 
Officer shall allow the parties reasonable opportunity to review new 
evidence.
    (d) Prehearing conference order. The Presiding Officer shall prepare 
an order incorporating any action taken at the conference. The summary 
shall incorporate any written stipulations or agreements of the parties 
and all rulings and appropriate orders containing directions to the 
parties.
    (e) Alternative to prehearing conference. If a prehearing conference 
is unnecessary or impracticable, the Presiding Officer, on motion or sua 
sponte, may direct the parties to make appropriate filings with him to 
accomplish any of the objectives set forth in this section.
    (f) Other discovery. (1) Except as provided by paragraph (c) of this 
section, further discovery under this section shall be permitted only 
upon determination by the Presiding Officer:
    (i) That such discovery will not in any way unreasonably delay the 
proceeding;
    (ii) That the information to be obtained is not otherwise 
obtainable; and
    (iii) That such information has significant probative value.
    (2) The Presiding Officer shall order depositions upon oral 
questions only upon a showing of good cause and upon a finding that:
    (i) The information sought cannot be obtained by alternative 
methods; or
    (ii) There is substantial reason to believe that relevant and 
probative evidence may otherwise not be preserved for presentation by a 
witness at the hearing.
    (3) Any party to the proceeding desiring an order to take further 
discovery shall make a motion therefor. Such a motion shall set forth:
    (i) The 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. If the 
Presiding Officer determines that the motion should be granted, he shall 
issue an order for the taking of such discovery together with the 
conditions and terms thereof.
    (4) When the information sought to be obtained is within the control 
of one of the parties, failure to comply with an order issued pursuant 
to this paragraph may lead to the inference that the information to be 
discovered would be adverse to the party from whom the information was 
sought, or the issuance of a default order under 820.38.