(a) Unless otherwise limited by order of the administrative law
judge in accordance with these rules, the parties may obtain discovery
regarding any matter, not privileged, which is relevant to the subject
matter involved in the proceeding, including the existence, description,
nature, custody, condition, and location of any books, documents, or
other tangible things and the identity and location of persons having
knowledge of any discoverable matter.
(b) It is not ground for objection that information sought will not
be admissible at the hearing if the information sought appears
reasonably calculated to lead to the discovery of admissible evidence.
(c) A party may obtain discovery of documents and tangible things
otherwise discoverable under paragraph (a) of this section and prepared
in anticipation of or for the hearing by or for another party's
representative (including his or her attorney, consultant,
surety, indemnitor, insurer, or agent) only upon a showing that the
party seeking discovery has substantial need of the materials in the
preparation of his or her case and that he or she is unable without
undue hardship to obtain the substantial equivalent of the materials by
other means. In ordering discovery of such materials when the required
showing has been made, the administrative law judge shall protect
against disclosure of the mental impressions, conclusions, opinions, or
legal theories of an attorney or other representative of a party
concerning the proceeding.
