The parties, who shall be deemed to be the Department of Labor and
the respondent(s), may serve on any other party a request to produce
documents or witnesses in the control of the party served, setting forth
with particularity the documents or witnesses requested. The party
served shall have 15 days to respond or object thereto unless a shorter
or longer time is ordered by the Administrative Law Judge. The parties
shall produce documents and witnesses to which no privilege attaches
which are in the control of the party, if so ordered by the
Administrative Law Judge upon motion therefor by a party. If a privilege
is claimed, it must be specifically claimed in writing prior to the
hearing or orally at the hearing or deposition, including the reasons
therefor. In no event shall a statement taken in confidence by the
Department of Labor or other Federal agency be ordered to be produced
prior to the date of testimony at trial of the person whose statement is
at issue unless the consent of such person has been obtained.
