R277-212-6. Discovery Prior to a Hearing

  (1) Discovery is permitted to the extent necessary to obtain relevant information necessary to support claims or defenses, as determined by the hearing officer.

  (2) Unduly burdensome legalistic discovery may not be used to delay a hearing.

  (3) A hearing officer may limit discovery:

  (a) at the discretion of the hearing officer; or

  (b) upon a motion by either party.

  (4) A hearing officer rules on all discovery requests and motions.

  (5) The Executive Secretary shall issue a subpoena or other order to secure the attendance of a witness pursuant to Subsection 53E-6-606(1) if:

  (a) requested by either party; and

  (b) notice of intent to call the witness has been timely provided as required by Section R277-212-4.

  (6) The Executive Secretary shall issue a subpoena to produce evidence if timely requested by either party.

  (7)(a) A party may not present an expert witness report or expert witness testimony at a hearing unless the requirements of Section R277-212-10 have been met.

  (b) A respondent may not subpoena the UPPAC attorney or investigator as an expert witness.