Code of Federal Regulations Title 40. Protection of Environment § 40.209.22 Other discovery

(1) That such discovery will not delay the proceeding unreasonably;

(2) That the information to be obtained is not obtainable voluntarily;  and

(3) That such information is relevant to the subject matter of the hearing.

(1) The information sought cannot be obtained by alternative methods;  or

(2) There is a substantial reason to believe that relevant and probative evidence may otherwise not be preserved for presentation by a witness at the hearing.

(1) The circumstances which require the discovery;

(2) The nature of the information expected to be discovered;  and

(3) The proposed time and place where it will be taken. If the administrative law judge determines the motion should be granted, he or she shall issue an order for the taking of such discovery together with the conditions and terms thereof.