(a) Any party may serve on any other party a request to:
- (1) Produce and permit the party making the request, or a person acting on his/her behalf, to inspect and copy any designated documents or things or to inspect land, in the possession, custody, or control of the party upon whom the request is served; and
- (2) Permit the party making the request, or a person acting on his/her behalf, to enter the premises of the party upon whom the request is served to accomplish the purposes stated in paragraph (1) of this section.
- (b) The request may be served on any party without leave of the Administrative Law Judge.
(c) The request shall:
- (1) Set forth the items to be inspected either by individual item or by category;
- (2) Describe each item or category with reasonable particularity; and
- (3) Specify a reasonable time, place, and manner of making the inspection and performing the related acts.
- (d) The party upon whom the request is served shall serve on the party submitting the request a written response within thirty (30) days after service of the request.
(e) The response shall state, with respect to each item or category:
- (1) That inspection and related activities will be permitted as requested; or
- (2) That objection is made in whole or in part, in which case the reasons for objection shall be stated.
- (f) A copy of each request for production and each written response shall be served on all parties.
[54 FR 48596, Nov. 24, 1989. Redesignated by Order No. 1534-91, 56 FR 50053, Oct. 3, 1991]