For a ULA hearing, discovery shall be governed by the provisions of the ULA. For other board adjudicatory proceedings, formal discovery is not a right, and therefore, formal discovery is discouraged and shall only be allowed by order of the hearing officer under the following procedures:

1. A. Grounds for discovery: Discovery shall only be permitted upon a determination by the hearing officer that:

   (1) the type of discovery sought will not unreasonably delay the proceeding and is neither unreasonably burdensome nor unreasonably expensive; and

   (2) the information to be obtained is relevant and is not otherwise reasonably obtainable, may be lost, or may become unavailable.

2. B. Order for discovery: Upon motion for discovery by a party and determination by the hearing officer that such motion should be granted, the hearing officer shall issue an order for the taking of such discovery together with the conditions and terms thereof.

[20.1.2.208 NMAC - Rp, 20 NMAC 1.2.II.208, 08/27/06]