§ 385.401. Applicability (Rule 401).
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/us/cfr/t18/s§ 385.401·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)General rule. Except as provided in paragraph
(b)of this section, this subpart applies to discovery in proceedings set for hearing under subpart E of this part, and to such other proceedings as the Commission may order.
(b)Exceptions. Unless otherwise ordered by the Commission, this subpart does not apply to:
(1)Requests for information under the Freedom of Information Act, 5 U.S.C. 552, governed by Part 388 of this chapter; or,
(2)Requests by the Commission or its staff who are not participants in a proceeding set for hearing under subpart E of this part to obtain information, reports, or data from persons subject to the Commission's regulatory jurisdiction; or
(3)Investigations conducted pursuant to Part 1b of this chapter.
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