(1)(a) In formal POST adjudicative proceedings parties may conduct only limited discovery.
- (b) A respondent's right to discovery does not extend to interrogatories, requests for admissions, request for the production of documents, request for the inspection of items, or depositions.
- (2) Upon request, the respondent is entitled to a copy of the materials contained in the division's investigative file that the division intends to use in the adjudicative proceeding. The respondent is only entitled to those materials after filing a written response with the division as required by Section R728-409-7.
(3)(a) The disclosure of all discovery materials is subject to Title 63G, Chapter 2, Government Records Access and Management Act.
- (b) The division may charge a fee for discovery in accordance with Section 63G-2-203.
- (4) Subpoenas and other orders to secure the attendance of witnesses or the production of evidence for adjudicative proceedings shall be issued by the division pursuant to Sections 53-6-210 and 53-6-308, by the ALJ when requested by any party, or by the ALJ on the ALJ's own motion pursuant to Section 63G-4-205.
KEY: certifications, investigations, revocations, relinquishments
Date of Last Change: May 20, 2025
Notice of Continuation: December 9, 2021
Authorizing, and Implemented or Interpreted Law: 53-6-211; 53-6-211.5; 53-6-309; 53-6-311