§ 386.42 Written interrogatories to parties.

Link to an amendment published at 70 FR 28483, May 18, 2005.
(a) AnyWithout leave, any party may serve upon any other party written interrogatories to be answered in writing by the party served,to whom the interrogatories are directed; or, if thethat party served is a public or private corporation or a partnership or association or governmental agency, by any authorized officer or agent, who shallwill furnish suchthe information as is available to thethat party.
(b) AThe copymaximum number of the interrogatories, answersserved will not exceed 30, andincluding all relatedsubparts, pleadingsunless shallthe beAgency servedDecisionmaker or Administrative Law Judge permits a larger number on themotion Assistantand Administratorfor or,good incause casesshown. thatOther haveinterrogatories beenmay calledbe toadded awithout hearingleave, onso long as the administrativetotal lawnumber judge,of approved and uponadditional allinterrogatories partiesdoes tonot theexceed proceeding30.
(bc) Each interrogatory shall be answered separately and fully in writing under oath or affirmation, unless it is objected to, in which event the reasonsgrounds for objection shall be stated inand lieusigned ofby anthe answer.party, Theor answerscounsel andfor objectionsthe shallparty, beif signedrepresented, bymaking the person making themresponse. The party uponto whom the interrogatories wereare serveddirected shall serve a copy of the answeranswers and any objections upon all parties to the proceeding within 30 days after the service of the interrogatories, or within such shortened or longer period as the AssistantAgency AdministratorDecisionmaker or the administrativeAdministrative lawLaw judgeJudge may allow.
(cd) Motions to compel may be made in accordance with § 386.45.
(e) A notice of discovery must be served on the Agency Decisionmaker or, in cases that have been referred to the Office of Hearings, on the Administrative Law Judge. A copy of the interrogatories, answers, and all related pleadings must be served on all parties to the proceeding.
(f) An interrogatory otherwise proper is not necessarily objectionable merely because an answer to the interrogatory involves an opinion or contention that relates to fact or the application of law to fact, but the AssistantAgency AdministratorDecisionmaker or administrativeAdministrative lawLaw judgeJudge may order that such an interrogatory need not be answered until after designated discovery has been completed or until a prehearing conference or other later time.
Effective Date Note:
At [70 FR 28483, May 18, 2005, § 386.42 was revised, effective November 14, 2005. For the convenience of the user, the revised text is set forth as follows:]