SECTION 1.82. Forms and Scope of Discovery in Contested Cases

(a) Permissible forms of discovery by parties are:

(1) oral depositions of a party or a nonparty;

(2) written interrogatories to a party;

(3) requests of a party for admission of facts or the genuineness or identity of documents or things;

(4) requests of a party for production of documents and things for examination and copying or photographing; and

(5) requests of a party for entry upon and examination of real or personal property, or both.

(b) The scope of discovery shall be the same as provided by the Texas Rules of Civil Procedure and shall be subject to the constraints provided therein for privileges, objections, protective orders and duty to supplement, as well as §1.33 of this title (relating to Depositions; Entry on Property; Use of Reports and Statements) and the proceedings provided in the Act, Texas Civil Statutes, Article 6252-13a, §14 and §14a. All discovery may commence upon the filing of an action or proceeding. No discovery may be initiated by a party seeking discovery after the initial hearing date, unless allowed by the hearings officer upon a showing of good cause.

(c) This section and §§1.83-1.86 of this title (relating to Service and Filing of Discovery Requests and Responses; Deadlines for Responses to Discovery Requests; Requests for Admission; and Discovery Orders) shall not apply to Article 5.101 benchmark rate proceedings brought before the board, even upon assignment of such proceeding to a hearings officer or a contested case docket. Further, §1.86(a), which provides for commissions to take depositions, and §1.86(b) which provides for other discovery orders, including protective orders shall not apply to matters on appeal before the board.

Source Note: The provisions of this §1.82 adopted to be effective May 21, 1993, 18 TexReg 2954.