Current through September 30, 2024
Section 180.535 - Protective orders(a) Upon motion of a party or a person from whom discovery is sought or in accordance with § 180.540(c) , and for good cause shown, the ALJ may make appropriate orders to protect a party or person from annoyance, embarrassment, oppression, or undue burden or expense as a result of the requested discovery request. The order may direct that:(1) The discovery may not be had;(2) The discovery may be had only on specified terms and conditions, including at a designated time and place;(3) The discovery may be had by a method of discovery other than that selected by the party seeking discovery;(4) Certain matters may not be the subject of discovery, or the scope of discovery may be limited to certain matters;(5) Discovery may be conducted with no one present other than persons designated by the ALJ;(6) A trade secret or other confidential research, development or commercial information may not be disclosed, or may be disclosed only in a designated way; or(7) The party or other person from whom discovery is sought may file specified documents or information under seal to be opened as directed by the ALJ.(b) The ALJ may permit a party or other person from whom discovery is sought, who is seeking a protective order, to make all or part of the showing of good cause in camera. If such a showing is made, upon motion of the party or other person from whom discovery is sought, an in camera record of the proceedings may be made. If the ALJ enters a protective order, any in camera record of such showing shall be sealed and preserved and made available to the ALJ or, in the event of appeal, to the Secretary or a court.