| (a) Discovery orders generally. The Hearings director
or the examiner may issue protective orders, orders compelling discovery
responses, and orders creating a discovery control plan. Requests
for discovery orders shall contain a sworn statement that, after due
diligence, the desired information cannot be obtained through informal
means, and that good cause exists for requiring discovery. The request
for a discovery order may be denied:
(1) if the request is untimely or unduly burdensome
in light of the complexity of the proceeding;
(2) if the requesting party has failed to exercise
due diligence;
(3) if the discovery would result in undue cost to
the parties or unnecessary delay in the proceeding; or
(4) for other good cause in the interest of justice.
(b) Motion to compel. Unless otherwise ordered, a party
alleging another party's failure to comply with discovery requests
shall file a sworn motion to compel with the Docket Services Section
at least 10 days prior to the hearing on the merits.
(c) Deposition discovery orders. The Hearings Director
or the examiner is authorized to issue a subpoena to take a deposition,
which shall require that the witness appear and produce, at the time
the deposition is taken, books, records, papers, or other objects
that may be necessary and proper for the purposes of the proceeding.
(d) In camera inspection. The Hearings Director or
the examiner may conduct in camera inspections of materials when requested
by a party or when necessary to determine facts required to issue
appropriate discovery orders.
(e) Review by Commissioners. Any discovery order issued
by the examiner or the Hearings Director is subject to review by an
appeal to the Commissioners. Any party that chooses to appeal a discovery
order shall follow the requirements set forth in §1.38 of this
title (relating to Interim Rulings and Appeals of Interim Rulings).
A discovery order does not constitute a final order or decision.
(f) Compliance. The Commission may enforce compliance
with any discovery order or subpoena pursuant to Texas Government
Code §§2001.089, 2001.094, and 2001.201, and the Texas Natural
Resources Code, §81.053 and §81.064, or as otherwise permitted
by law.
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