(a) The ALJ may grant a motion for discovery only if he/she finds that the discovery sought—
- (1) Is necessary for the expeditious, fair, and reasonable consideration of the issues;
- (2) Is not unduly costly or burdensome;
- (3) Will not unduly delay the proceeding; and
- (4) Does not seek privileged information.
- (b) The burden of showing that discovery should be allowed is on the party seeking discovery.
- (c) The ALJ may grant discovery subject to a protective order.