45 CFR 1149.35
§ 1149.35 When may an ALJ grant a motion for discovery?
United States · 45 CFR — Public Welfare · Status: effective
Cite this
- Citation
- 45 CFR 1149.35, § 1149.35 When may an ALJ grant a motion for discovery?, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/220162
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Full text
(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.
Legislative history
This is a federal regulation, adopted through agency rulemaking under the Administrative Procedure Act — not enacted by a recorded vote of Congress.