Voglio sapere a riguardo di…

Federal Register / Vol. 86, No. 220 / Thursday, November 18, 2021 / Rules and Regulations notification. As soon as practicable after service of such notification, the Proceedings Clerk shall assign the case to an Administrative Judge for disposition.
c Commencement of formal decisional proceeding. Where the amount claimed as damages in the complaint or as counterclaims exceeds $30,000, exclusive of interest and costs, and either a complainant or a respondent in the complaint, answer or reply, has elected the formal decisional procedure pursuant to subpart E of this part, and has paid the filing fee required by 12.25, the Director of the Office of Proceedings shall, if in the Directors opinion the facts warrant taking such action, forward the pleadings and the materials of record to the Proceedings Clerk for a proceeding to be conducted in accordance with subpart E of this part. The Proceedings Clerk shall forthwith notify the parties of such action. Such notification shall be accompanied by an order issued by the Proceedings Clerk requiring the parties to complete all discovery, as provided in subpart B of this part, within 50 days thereafter. A formal decisional proceeding commences upon service of such notification and order. As soon as practicable after service of such notification, the Proceedings Clerk shall assign the case to an Administrative Judge. All provisions of this part that refer to and grant authority to or impose obligations upon an Administrative Law Judge shall be read as referring to and granting authority to and imposing obligations upon the Administrative Judge.
23. In 12.30, revise paragraph c to read as follows:
12.30

Methods of discovery.

khammond on DSKJM1Z7X2PROD with RULES

c Sanctions for abuse of discovery. If an Administrative Law Judge or an Administrative Judge finds that any party, without substantial justification, has necessitated the filing of a motion for a protective order or for an order compelling discovery, or any other discovery-related motions, that party shall, if the motion is granted, be ordered to pay, at the termination of the proceeding, the reasonable expenses of the moving party incurred in filing the motion, unless the decisionmaking official finds that circumstances exist which would make an award of such expenses unjust. If a decisionmaking official finds that any party, without substantial justification, has filed a motion for a protective order or for an order compelling discovery, or any discovery-related motions, that party shall, if the motion is denied, be ordered
VerDate Sep<11>2014

16:09 Nov 17, 2021

Jkt 256001

64355

to pay, at the termination of the proceeding, the reasonable expenses of an adverse party incurred in opposing the motion, unless the decisionmaker finds that circumstances exist which would make an award of such expenses unjust.

24. In 12.33, revise paragraphs b, c, and d to read as follows:

discovery or decisionmaking official may permit withdrawal or amendment when the presentation of the merits of the proceeding will be served thereby and the party who obtains the admission fails to satisfy such official that withdrawal or amendments will prejudice them in maintaining an action or defense on the merits.
25. Revise 12.34 to read as follows:

12.33

12.34 Discovery by a decisionmaking official.

Admissions.

b Reply. Each matter of which an admission is requested shall be separately set forth. The matter is admitted unless within twenty 20 days after service of the request, the party upon whom the request is directed files and serves upon the party requesting a verified written answer or objection to the matter. If objection is made, the reasons therefor shall be stated. The answer shall specifically deny the matter or set forth in detail the reasons why the answering party cannot truthfully admit or deny the matter. A
denial shall fairly meet the substance of the requested admission and when good faith requires that an answering party qualify the answer and deny only a part of the matter of which an admission is requested, the answering party shall specify so much of it as is true and qualify or deny the remainder.
Answering parties may not give a lack of information or knowledge as a reason for failure to admit or deny unless they state that they have made reasonable inquiry and that the information known or reasonably available to them is insufficient to enable them to admit or deny. Parties who consider that a matter of which an admission has been requested presents a genuine issue for trial may not, on that ground alone, object to the request; they may deny the matter or set forth reasons why they cannot admit or deny it.
c Determining sufficiency of answers or objections. The party who has requested the admissions may move to determine the sufficiency of the answers or objections. Unless the objecting party sustains the burden of showing that the objection is justified, the official presiding over discovery shall order that an answer be served. If such official determines that an answer does not comply with the requirements of this section, that official may order either that the matter is admitted or that an amended answer be served.
d Effect of admission. Any matter admitted under this section is conclusively established and may be used as proof against the party who made the admission. However, the
PO 00000

Frm 00013

Fmt 4700

Sfmt 4700

a Applicability. The provisions of this section shall apply to all decisional proceedings commenced pursuant to 12.26. For the purposes of this section, the term decisionmaking official shall mean an Administrative Judge or Administrative Law Judge assigned to render a decision in the proceeding.
b Production of documents and tangible things1 Order for production. A decisionmaking official may, upon the officials own motion, order a party or non-party to produce copies of specifically designated documents, papers, books, accounts, or tangible things or categories of any of the foregoing which are in the possession, custody or control of the party, non-party or agent thereof, against whom the order is directed. Except as provided in paragraph b2 of this section, a party or nonparty ordered to produce documents or any of the items under this paragraph b1 shall file and serve the documents and items listed in the order within twenty 20 days from the date of service of the order, or within such period of time as the decisionmaking official may direct. The decisionmaking official may issue subpoenas to compel the production by parties or non-parties of such documents and tangible things as are described in this section.
2 Trade secrets, commercially sensitive or confidential information. If any party or person against whom an order to produce has been directed acting in good faith has reason to believe that any documents or other tangible thing ordered to be produced contains a trade secret, or commercially sensitive or other confidential information, the party or person may, in lieu of serving any such document, in accordance with paragraph b1 of this section, file and serve a written request for confidential treatment of such documents. Any such request for confidential treatment shall be accompanied by a verified statement identifying with particularity the information on those documents considered to be trade secrets, commercially sensitive or confidential information, with reasons therefor, and
E:FRFM18NOR1.SGM

18NOR1