1. (a) Forms. Permissible forms of discovery by parties are:

   1. (1) oral depositions of a party or a nonparty;
   2. (2) written interrogatories to a party;
   3. (3) requests of a party for admission of facts or the genuineness or identity of documents or things;
   4. (4) requests of a party for production of documents and things for examination and copying or photographing; and
   5. (5) requests of a party for entry upon and examination of real or personal property, or both.
2. (b) Scope. The scope of discovery shall be the same as provided by the Texas Rules of Civil Procedure and shall be subject to the constraints provided therein for privileges, objections, protective orders and duty to supplement, as well as the proceedings provided in the APA, Government Code, §§2001.081-2001.103. All discovery may commence upon the filing of an action or proceeding. No discovery may be initiated by a party seeking discovery after the initial hearing date, unless allowed by the Hearing Officer upon a showing of good cause.

Source Note:The provisions of this §401.31 adopted to be effective October 14, 1994, 19 TexReg 7800.