Section 508.100  Discovery


a)         At least 7 days prior to the commencement of the hearing, each party shall provide all other parties with a copy of any document that it intends to offer into evidence.  This subsection does not apply to documents already provided by the Department under this Part.


b)         At least 7 days prior to the commencement of the hearing, each party shall provide all other parties with a list containing the name and address of any witness who may be called to testify.


c)         All parties shall be entitled to any exculpatory evidence in the other party's possession that tends to support the opponent's position or that might impeach the credibility of the party's own witness.  Such documentation shall be produced at least 7 days prior to the hearing.


d)         Upon a written request by the Department, at any time after a notice or hearing request is filed, or at any stage of the hearing, a party shall be required to produce within 7 days documents, books, records, or other evidence that relates directly to the  conduct of the business entity that is the subject of the administrative hearing.


e)         All parties shall be under a continuing obligation to promptly update requested discovery until the hearing is concluded without the necessity for further or additional requests.


f)         There shall be no depositions for discovery purposes or interrogatories allowed in any proceedings brought pursuant to this Part, except for good cause as determined by the administrative law judge.  Evidentiary depositions of material witnesses shall be allowed by the administrative law judge for good cause, including but not limited to age, infirmity, or inability to travel.


g)         Requests to Admit Facts and Genuineness of Documents shall be allowed in accordance with Supreme Court Rule 216.


h)         Nothing contained herein shall preclude the parties from agreeing to the voluntary exchange of more information than is required.


i)          A request for discovery shall be considered an appearance by the party.