| (v) confidential information produced under to the
protective order may be disclosed only to the following persons and
only after counsel has explained the terms of the order to the person
who will receive the information and provided that person with a copy
of the order:
(I) to a party and to an officer, employee, or representative
of a party, to a party's attorneys (including other members and associates
of the respective law firms and contract attorneys in connection with
work on the case) and, to the extent an attorney of record in good
faith determines disclosure is necessary or appropriate for the conduct
of the litigation, legal assistants, office clerks and secretaries
working under that attorney's supervision;
(II) to a witness or potential witness in the case;
(III) to an outside expert retained for consultation
or for testimony, provided the expert agrees to be bound by the terms
of the protective order and the party employing the expert agrees
to be responsible for the compliance of its expert with this confidentiality
obligation; and
(IV) to the court or to an appellate officer or body
with jurisdiction of an appeal in the case;
(vi) at the request of the department or a party, only
the court, the parties and their attorneys, and other persons the
court reasonably determines should be present may attend the live
testimony of a witness or discussions or oral arguments before the
court that may include confidential information or relate to such
confidential information. The parties shall request the court to instruct
all persons present at such testimony, discussions, or arguments that
release of confidential information is strictly forbidden;
(vii) a transcript, including a deposition transcript,
that may include confidential information subject to non-disclosure
is subject to the protective order. The party requesting the testimony
of a current or former department officer, employee, or agent shall,
at its expense, furnish the department a copy of the transcript of
the testimony once it has been transcribed.
(viii) upon ultimate conclusion of the case by final
judgment and the expiration of time to appeal, or by settlement or
otherwise, counsel for each party shall return to the party that produced
the confidential information all copies of every document subject
to the protective order and for which the counsel is custodian; and
(ix) production of documents subject to the protective
order does not waive a claim of privilege or right to withhold the
documents from a person not subject to the protective order.
(D) Clauses (i), (ii), and (v) - (vii) of subparagraph
(C) of this paragraph are subject to modification by the court for
good cause before the conclusion of the proceeding, upon notice and
opportunity to appear to the department.
|
| Source Note: The provisions of this §3.111 adopted to be effective March 1, 1996, 21 TexReg 1380; amended to be effective November 13, 1997, 22 TexReg 10949; amended to be effective March 9, 2006, 31 TexReg 1643; amended to be effective August 31, 2006, 31 TexReg 6641; amended to be effective November 7, 2013, 38 TexReg 7684; amended to be effective September 8, 2022, 47 TexReg 5328 |
