16.20—Disclosure of documents.
(a)
Upon written request to the reviewing
official, the defendant may review any relevant
and material documents, transcripts, records, and
other material that relate to the allegations set
out in the complaint and upon which the findings
and conclusions of the investigating official
under § 16.4(b) are based unless such documents
are subject to a privilege under Federal law. The
Department shall schedule such review at a time
and place convenient to it. Upon payment of fees
for duplication, the defendant may obtain copies
of such documents.
(b)
Upon written request to the reviewing
official, the defendant also may obtian a copy of
all exculpatory information in the possession of
the reviewing official or investigating official
relating to the allegations in the complaint, even
if it is contained in a document that would
otherwise be privileged. If the document would
otherwise be privileged, only that portion
containing exculpatory information must be
disclosed.
(c)
The notice sent to the Attorney General
from the reviewing official as described in § 16.5
is not discoverable under any circumstances.
(d)
The defendant may file a motion to compel
disclosure of the documents subject to the
provisions of this section. Such a motion may only
be filed with the ALJ following the filing of an
answer pursuant to § 16.9.