Wash. Admin. Code § 468-10-470 - Discovery, protective orders

Discovery will be available in adjudicative proceedings only as follows:

(1) Methods: Any party to an adjudicative proceeding may only obtain discovery from another party by written interrogatories, subpoenas duces tecum, and written requests for production of documents. The procedures regarding these methods of discovery are found at CR 33 and CR 34 as now or hereafter amended unless inconsistent with the rules herein.

(2) Scope of discovery: Parties may obtain discovery to the extent authorized by CR 26(b).

(3) Protective order: Any party may file a motion for protective order regarding discovery. Rulings on such motions shall be made by the presiding officer.

(4) Order compelling discovery: The presiding officer is authorized to make any order that a court could make under CR 37(a), including an order awarding expenses of the motion to compel discovery.

(5) Completion of discovery: All discovery allowed under this section must be completed at a reasonable time prior to hearing as determined by the presiding officer in a discovery schedule. Nothing herein stated shall modify a party's responsibility to promptly supplement responses to discovery rules or otherwise comply with discovery.

(6) Use at hearing: Information and documents obtained pursuant to discovery will not become part of the record until received into evidence by the presiding officer upon the motion of any party.

Notes

Wash. Admin. Code § 468-10-470

Statutory Authority: Chapter 34.05 RCW and RCW 47.01.101(5). 94-14-101 (Order 145), § 468-10-470, filed 7/6/94, effective 8/6/94.