1. (a) Commencement of discovery. Discovery may begin when SOAH acquires jurisdiction under §155.51 of this title (relating to Jurisdiction).
2. (b) Discovery rights. Parties have the discovery rights provided in this section, the APA, and the TRCP, except the provisions relating to the discovery control plans. Discovery rights may be modified or changed by the judge. For cases not adjudicated under the APA, the judge will determine what discovery, if any, will be permitted.

3. (c) Forms of discovery. Parties may use the forms of discovery provided by the TRCP, with the following modifications:

   1. (1) Discovery period. Discovery responses and depositions must be completed by the tenth day before the hearing on the merits begins unless otherwise ordered by the judge or agreed by the parties. Discovery requests shall be served at least 30 days before the end of the discovery period.
   2. (2) Copies. Copies of discovery requests and answers to those requests shall not be filed with SOAH unless directed by the judge, or in support of a motion to compel, motion for protective order, or motion to quash.
   3. (3) Response. The judge may establish deadlines as necessary for discovery requests and responses. If the judge does not establish a deadline, responses to discovery requests, except for notices of depositions, shall be made within 20 days after receipt.

   4. (4) Depositions.

      1. (A) The APA governs the taking and use of depositions unless otherwise provided by law.

      2. (B) Except with permission of the judge upon a showing of good cause or upon agreement by all parties, the following apply:

         1. (i) All parties must receive at least seven days' notice of a deposition.
         2. (ii) No party or side may examine or cross-examine an individual witness for more than six hours.
         3. (iii) Brief breaks taken during the deposition do not count in the calculation of the period for a deposition.
   5. (5) Requests for admissions. Unless the judge directs otherwise, each party may serve no more than 25 requests on any other party.
   6. (6) Interrogatories. Each party may serve no more than two sets of interrogatories to any other party unless the judge directs otherwise. The number of questions, including subsections, in a set of interrogatories shall be limited to require no more than 25 answers.
   7. (7) In camera inspections. If a party's objection to a discovery request is based on a claim of privilege or an exemption under the TRCP, and a motion to compel is timely filed, the burden is on the objecting party to request an in camera inspection and to provide the documents for review under seal. The request shall state the factual and legal bases that support the claimed privilege or exemption and shall comply with the provisions of §155.101(b)(2) of this title (relating to Filing Documents).
4. (d) Motions to compel. Unless otherwise ordered, a party alleging failure to comply with discovery shall file a motion to compel no later than 14 days before the first day of the hearing on the merits.
5. (e) Certificate of conference. The parties and their authorized representatives shall cooperate in discovery and shall endeavor to make any agreements reasonably necessary for the efficient disposition of the case. All discovery motions shall include a certificate of conference complying substantially with §155.305(b)(2) of this title (relating to Motions, Generally).
6. (f) Subpoenas. Except in TCEQ and PUC cases, requests for issuance of subpoenas or commissions shall be directed to the referring agency. Any such requests shall comply with the APA and the applicable agency procedure, if any, regarding issuance of subpoenas or commissions. Disputes over whether a request complies with applicable law will be resolved by the judge. In TCEQ and PUC cases, a request shall be submitted in accordance with those agencies' rules.
7. (g) Confidentiality. Nothing in this section excuses compliance with law concerning the confidentiality of certain records, including medical or mental health records.

Source Note:The provisions of this §155.251 adopted to be effective November 26, 2008, 33 TexReg 9451.