SECTION 850.81. Discovery and Mandatory Disclosures

(a) Written Discovery. Requests for disclosure of information shall be the only form of written discovery that the parties are entitled to make. Unless a party is ordered by the IHO during a pretrial conference to disclose other information in addition to the items in this section, a party may request in writing that the other party disclose or produce the following:

(1) the names, addresses, and telephone numbers of individuals having knowledge of relevant facts, including those who might be called as witnesses and any expert who might be called to testify;

(2) for any testifying expert:

(A) the subject matter on which the expert will testify;

(B) the expert's summary; and

(C) a brief summary of the substance of the expert's mental impressions and opinions and the basis for them, along with all documents and tangible items reflecting such information;

(3) the issues and the factual basis for a party's claims and defenses in the appeal; and

(4) information concerning the appellant's employment, including the appellant's job application with the appellant's current employer and any personnel evaluations.

(b) Subject to the provisions in this section, parties may obtain discovery regarding any matter that is relevant to a claim or defense in the appeal.

(c) All discovery requests shall be directed to the party from which discovery is being sought.

(d) All disputes with respect to any discovery matter shall be filed with and resolved by the IHO.

(e) All parties shall be afforded a reasonable opportunity to file objections and motions to compel the IHO regarding any discovery requests.

(f) Copies of discovery requests and documents filed in response thereto shall be filed on all parties, but should not be filed with the IHO or the hearings coordinator unless directed to do so by the IHO or when in support of objections, motions to compel, motions for protective order, or motions to quash.

(g) Any documents contained in any Agency file that are related to the appellant are considered to be admissible. The Agency shall, without awaiting either an order or a discovery request under subsection (a) of this section, provide to the appellant a complete copy of the appellant's record of services, as described at 34 CFR §361.47, including any electronically stored or preserved records, to the extent pertinent to the determination that is the subject of the request for review.

Source Note: The provisions of this §850.81 adopted to be effective May 13, 2019, 44 TexReg 2364