(a) Privileges. Upon application of any person the administrative
law judge may limit discovery or introduction of evidence or issue such
protective or other orders as in his or her judgment may be consistent
with the objective of protecting privileged communications.
(b) Classified or sensitive matter. (1) Without limiting the
discretion of the administrative law judge to give effect to any other
applicable privilege, it shall be proper for the administrative law
judge to limit discovery or introduction of evidence or to issue such
protective or other orders as in his or her judgment may be consistent
with the objective of preventing undue disclosure of classified or
sensitive matter. Where the administrative law judge determines that
information in documents containing sensitive matter should be made
available to a respondent, he or she may direct the party to prepare an
unclassified or nonsensitive summary or extract of the original. The
summary or extract may be admitted as evidence in the record.
(2) If the administrative law judge determines that this procedure
is inadequate and that classified or otherwise sensitive matter must
form part of the record in order to avoid prejudice to a party, he or
she may advise the parties and provide opportunity for arrangements to
permit a party or a representative to have access to such matter. Such
arrangements may include obtaining security clearances or giving counsel
for a party access to sensitive information and documents subject to
assurances against further disclosure.
