§ 681.22 - Are protective orders available?  


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  • § 681.22 Are protective orders available?

    (a) A party or prospective witness or deponent may file a motion for a protective order with respect to discovery sought by an opposing party or with respect to the hearing, seeking to limit the availability or disclosure of evidence.

    (b) In issuing a protective order, the ALJ may make any order which justice requires to protect a party or person from annoyance, embarrassment, oppression, or undue burden or expense, including one or more of the following:

    (1) That the discovery not be had;

    (2) That the discovery may be had only on specified terms and conditions;

    (3) That the discovery may be had only through a method of discovery other than requested;

    (4) That certain matters not be inquired into, or that the scope of discovery be limited to certain matters;

    (5) That discovery be conducted with no one present except persons designated by the ALJ;

    (6) That the contents of the discovery be sealed;

    (7) That a deposition after being sealed be opened only by order of the ALJ;

    (8) That a trade secret or other confidential research, development, commercial information, or facts pertaining to any criminal investigation, proceeding, or other administrative investigation not be disclosed or be disclosed only in a designated way; or

    (9) That the parties simultaneously file specified documents or information enclosed in sealed envelopes to be opened as directed by the ALJ.