Protective orders.

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§ 1174.24 Protective orders.

(a) A party, prospective witness, or deponent may file a motion for a protective order that seeks to limit the availability or disclosure of evidence with respect to discovery sought by an opposing party or with respect to the hearing.

(b) In issuing a protective order, the ALJ may make any order which justice requires to protect a party or person from annoyance, embarrassment, oppression, or undue burden or expense, including one or more of the following:

(1) That the parties shall not have discovery;

(2) That the parties shall have discovery only on specified terms and conditions;

(3) That the parties shall have discovery only through a method of discovery other than requested;

(4) That the parties shall not inquire into certain matters, or that the parties shall limit the scope of discovery to certain matters;

(5) That the parties shall conduct discovery with no one present except persons designated by the ALJ;

(6) That the parties shall seal the contents of the discovery;

(7) That a sealed deposition shall be opened only by order of the ALJ;

(8) That a trade secret or other confidential research, development, commercial information, or facts pertaining to any criminal investigation, proceeding, or other administrative investigation shall not be disclosed or shall be disclosed only in a designated way; or

(9) That the parties shall simultaneously file specified documents or information enclosed in sealed envelopes to be opened as the ALJ directs.


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