24 C.F.R. § 26.41 Discovery.
Title 24 - Housing and Urban Development
(a) Parties may obtain discovery regarding any matter, not privileged, that is relevant to the subject matter involved in the adjudication, whether it relates to the case or defense of the party seeking discovery or to the case or defense of any other party. It is not grounds for objection that the information sought will be inadmissible at the hearing, if such information appears reasonably calculated to lead to the discovery of admissible evidence. (b) Discovery in Program Fraud Civil Remedies actions (24 CFR part 28), unless agreed to by the parties, shall be available only as ordered by the ALJ. The party opposing discovery shall have 10 days to respond to a motion for discovery. The ALJ shall grant a motion for discovery only if he or she finds that discovery is necessary for the expeditious, fair, and reasonable consideration of the issues, is not unduly costly or burdensome, will not unduly delay the proceeding, and does not seek privileged information. The ALJ may grant discovery subject to a protective order under §26.43. The request for approval sent to the Attorney General from the General Counsel or designee, as described in §28.20 of this title, is not discoverable under any circumstances. (c) The following types of discovery are authorized: (1) Requests for production of documents for inspection and copying. Nothing contained herein shall be interpreted to require the creation of a document. (2) Requests for admissions. (3) Written interrogatories. Such interrogatories shall be limited in number to 25, unless otherwise ordered by the ALJ. (4) Depositions. (d) Motions to compel. A party may file a motion to compel discovery. The motion shall describe the information sought, cite the opposing party's objection, and provide arguments supporting the motion. The opposing party may file a response to the motion, including a request for a protective order. The ALJ may issue an order compelling a response, issue sanctions pursuant to §26.36, or issue a protective order. For purposes of paragraph (d) of this section, an evasive or incomplete answer to a request for discovery is treated as a failure to answer. (e) Each party shall bear its own costs of discovery.
Title 24: Housing and Urban Development
PART 26—HEARING PROCEDURES
Subpart B—Hearings Pursuant to the Administrative Procedure Act
Prehearing Procedures
§ 26.41 Discovery.
