(a) Notwithstanding § 501.723(f), the Director or respondent may withhold a document if:
- (1) The document is privileged;
- (2) The document would disclose the identity of a confidential source; or
- (3) The Administrative Law Judge grants leave to withhold a document or category of documents as not relevant to the subject matter of the proceeding or otherwise, for good cause shown.
- (b) Nothing in paragraph (a) of this section authorizes the Director to withhold documents that contain material exculpatory evidence.
- (c) Withheld document list. The Director and respondent shall provide the Administrative Law Judge, for review, a list of documents withheld pursuant to paragraphs (a)(1)-(3) of this section. The Administrative Law Judge shall determine whether any such document should be made available for inspection and copying.