Utah Admin. Code R305-7-310 - Disclosures and Discovery
(1) The ALJ
shall allow reasonable formal discovery if requested by any party. The ALJ may
limit the scope of formal discovery for the reasons stated in Rules 26 and
37(a)(7) of the Utah Rules of Civil Procedure. The ALJ may also enter an order
imposing sanctions provided in Rule 37(b) of the Utah Rules of Civil Procedure,
except that the ALJ has no power of contempt and may not impose financial
sanctions under Rule 37. By stipulation or upon motion, the ALJ may enter a
protective order imposing protections and limitations governing records of
information produced in the adjudicative proceeding. The ALJ is encouraged to
use a form of Standard Protective Order typically used in Utah state or federal
court proceedings.
(2)
(a) Except as otherwise provided in this
Section R305-7-310, the time periods, limitations and other requirements for
discovery in the Utah Rules of Civil Procedure shall apply unless otherwise
ordered by the ALJ after consideration of the specific formal discovery
proposed.
(b) Initial disclosures
shall be required as provided in Utah Rules of Civil Procedure Rule 26(a)(1)(B)
through (D), except that the Director's preparation of the Initial Record as
provided in
R305-7-309 will be
deemed to be adequate to satisfy the Director's duty to provide initial
disclosure of records under Rule 26. Unless otherwise ordered by the ALJ,
initial disclosures must be filed within twenty-eight (28) days of the date of
service of the Director's Initial Disclosures.
(3) If applicable, expert disclosures, as
defined under Rule 26, Utah Rules of Civil Procedure, will also be required in
connection with an evidentiary hearing on the merits. The due dates as provided
in Rule 26 shall apply, unless otherwise ordered by the ALJ.
(4) Prehearing disclosures and related
matters will be governed by
R305-7-313,
or by order of the ALJ, and not by Rule 26, Utah Rules of Civil
Procedure.
Notes
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