16.21—Discovery.
(2)
Requests for admissions of the authenticity
of any relevant document or of the truth of any
relevant fact;
(b)
For the purposes of this section and §§
16.22 and 16.23, the term “documents” includes
information, documents, reports, answers, records,
accounts, papers, and other data, either paper or
electronic, and other documentary evidence.
Nothing contained herein shall be interpreted to
require the creation of a document.
(c)
Unless mutually agreed to by the parties,
discovery is available only as ordered by the ALJ.
The ALJ shall regulate the timing of
discovery.
(d) Motions for discovery.
(1)
A
party seeking discovery may file a motion with the
ALJ if it is not made available by another party
on an informal basis. Such a motion shall be
accompanied by a copy of the requested discovery,
or in the case of depositions, a summary of the
scope of the proposed deposition, and a
description of the efforts which have been made by
the party to obtain discovery.
(2)
Within ten days of service, a party may
file an opposition to the motion and/or a motion
for protective order as provided in §
16.24.
(e) Depositions.
(1)
If a motion
for deposition is granted, the ALJ shall issue a
subpoena for the deponent, which may require the
deponent to produce documents. The subpoena shall
specify the time and place at which the deposition
will be held.
(3)
The deponent may file with the ALJ a motion
to quash the subpoena or a motion for a protective
order within ten days of service.
(4)
The party seeking to depose shall provide
for the taking of a verbatim transcript of the
deposition, which it shall make available to all
other parties for inspection and copying.