43 CFR §4.1031

1. (a)General. A party may obtain discovery of information to assist in preparing or presenting its case only if the ALJ determines that the party has met the criteria set forth in paragraph (b) of this section and authorizes the discovery in a written order or during a prehearing conference. Available methods of discovery are:
   1. (1)Written interrogatories;
   2. (2)Depositions; and
   3. (3)Requests for production of designated documents or tangible things or for entry on designated land for inspection or other purposes.
2. (b)Criteria. The ALJ may authorize discovery only under extraordinary circumstances and if the party requesting discovery demonstrates:
   1. (1)That the discovery will not unreasonably delay the hearing process;
   2. (2)That the scope of the discovery is not unduly burdensome;
   3. (3)That the method to be used is the least burdensome method available;
   4. (4)That any confidential information can be adequately safeguarded; and
   5. (5)That the information sought:
      1. (i)Will be admissible at the hearing or appears reasonably calculated to lead to the discovery of admissible evidence;
      2. (ii)Is not otherwise obtainable by the party;
      3. (iii)Is not cumulative or repetitious; and
      4. (iv)Is not privileged or protected from disclosure by applicable law.
3. (c)Motions. A party seeking the ALJ's authorization for discovery must file a motion that:
   1. (1)Briefly describes the proposed methodology, purpose, and scope of the discovery;
   2. (2)Explains how the discovery meets the criteria in paragraph (b) of this section; and
   3. (3)Attaches a copy of any proposed discovery request (written interrogatories, notice of deposition, or request for production of designated documents or tangible things or for entry on designated land).
4. (d)Timing of motions. Any discovery motion under paragraph (c) of this section must be filed:
   1. (1)Within 30 days after issuance of the docketing notice under § 4.1020 if the discovery sought is between the petitioner and OFA; and
   2. (2)Within 50 days after issuance of the docketing notice under § 4.1020 if the discovery sought is between a full intervenor and another party.
5. (e)Objections.
   1. (1)A party must file any objections to a discovery motion or to specific portions of a proposed discovery request within 10 days after service of the motion.
   2. (2)An objection must explain how, in the objecting party's view, the discovery sought does not meet the criteria in paragraph (b) of this section.