40 CFR 27.21 - Discovery.
(2) Requests for admissions of the authenticity of any relevant document or of the truth of any relevant fact;
(b) For the purpose of this section and §§ 27.22 and 27.23, the term documents includes information, documents, reports, answers, records, accounts, papers, and other data and 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 presiding officer. The presiding officer shall regulate the timing of discovery.
(1) A party seeking discovery may file a motion which 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.
(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 § 27.24.
(3) The presiding officer may grant a motion for discovery only if he finds that the discovery sought—
(5) The presiding officer may grant discovery subject to a protective order under § 27.24.
(1) If a motion for deposition is granted, the presiding officer 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.
(2) The party seeking to depose shall serve the subpoena in the manner prescribed in § 27.8.
(3) The deponent may file 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.
Title 40 published on 2013-07-01
no entries appear in the Federal Register after this date.