Section 1-2825. DISCOVERY

 

2825.1Discovery is generally not permitted. An Administrative Law Judge may authorize discovery for good cause shown, but interrogatories and depositions are disfavored. 

 

2825.2A party may move for an Administrative Law Judge to issue a subpoena to require any non-party to provide documents prior to the hearing.

 

2825.3Any motion for discovery shall explain the relevance of the information that is sought and shall describe all attempts to obtain consent from the opposing party, including a description of all discovery to which the opposing party has agreed.

 

2825.4Unless otherwise ordered by an Administrative Law Judge, any motion for discovery must be filed at least twenty (20) calendar days before the date of any scheduled evidentiary hearing.

 

2825.5An Administrative Law Judge may impose appropriate sanctions if a party fails to comply with a discovery request, including prohibiting the party from offering evidence and ordering that specific facts are established.

 

 

authority

Sections 8(a)(7) and 8(b)(7) of the Office of Administrative Hearings Establishment Act of 2001, effective March 6, 2002 (D.C. Law 14-76; D.C. Official Code §§ 2-1831.05(a)(7) and (b)(7) (2012 Repl.)).

source

Final Rulemaking published at 51 DCR 6399 (June 25, 2004); as amended by of Final Rulemaking published at 57 DCR 12541 (December 31, 2010); as amended by Final Rulemaking published at 63 DCR 6556 (April 29, 2016).