- (a) A hearings examiner shall permit discovery upon a finding by a preponderance of the evidence that such discovery is necessary for a fair hearing.
(b) In determining necessity that examiner shall consider:
- (1) The complexity of the issues involved;
- (2) Other opportunities or information available to discover the information sought; and
- (3) Any other special or exceptional circumstances that exist.
- (c) Jus 811.01 through Jus 811.03 shall not be applicable to department hearings.
Source. #7349, eff 8-22-00; ss by #8230-A, eff 12-17-04 (formerly Saf-C 203.31)