1. (1) Motions for discovery will only be granted if the motion establishes that:

   1. (a) The participant seeking the information attempted to obtain the information through an informal process. If the participant is seeking information from a public agency, the participant must make a public record request prior to petitioning for discovery; and
   2. (b) The discovery request is reasonably likely to produce information that is generally relevant and necessary to the matters alleged in the notice of a right to a contested case hearing and the request for hearing, or is likely to facilitate resolution of the case.
2. (2) An administrative law judge is not authorized to order depositions, admissions, interrogatories or site visits unless DEQ authorizes the same in writing in the specific case.

Statutory/Other Authority

ORS 183.341 & 468.020

Statutes/Other Implemented

ORS 183.425, 183.440 & 183.450

History

DEQ 18-2003, f. & cert. ef. 12-12-03