§ 180.535. Protective orders.
295 words·~1 min read·
/us/cfr/t24/s§ 180.535·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Upon motion of a party or a person from whom discovery is sought or in accordance with § 180.540(c), and for good cause shown, the ALJ may make appropriate orders to protect a party or person from annoyance, embarrassment, oppression, or undue burden or expense as a result of the requested discovery request. The order may direct that:
(1)The discovery may not be had;
(2)The discovery may be had only on specified terms and conditions, including at a designated time and place;
(3)The discovery may be had by a method of discovery other than that selected by the party seeking discovery;
(4)Certain matters may not be the subject of discovery, or the scope of discovery may be limited to certain matters;
(5)Discovery may be conducted with no one present other than persons designated by the ALJ;
(6)A trade secret or other confidential research, development or commercial information may not be disclosed, or may be disclosed only in a designated way; or
(7)The party or other person from whom discovery is sought may file specified documents or information under seal to be opened as directed by the ALJ.
(b)The ALJ may permit a party or other person from whom discovery is sought, who is seeking a protective order, to make all or part of the showing of good cause in camera. If such a showing is made, upon motion of the party or other person from whom discovery is sought, an in camera record of the proceedings may be made. If the ALJ enters a protective order, any in camera record of such showing shall be sealed and preserved and made available to the ALJ or, in the event of appeal, to the Secretary or a court.