Current through October 31, 2024
Section 1149.35 - When may an ALJ grant a motion for discovery?(a) The ALJ may grant a motion for discovery only if he/she finds that the discovery sought-(1) Is necessary for the expeditious, fair, and reasonable consideration of the issues;(2) Is not unduly costly or burdensome;(3) Will not unduly delay the proceeding; and(4) Does not seek privileged information.(b) The burden of showing that discovery should be allowed is on the party seeking discovery.(c) The ALJ may grant discovery subject to a protective order.