Although agencies will be the most severely impacted, discovery in administrative proceedings also would impose additional costs on both respondents and agencies. The allowance of discovery in administrative hearings would increase the cost of litigation to the respondent, while requiring more agency resources by expanding duties for staff and increasing personnel requirements and training in order to complete agency business. The need for additional agency and staff would be felt at the Attorney General's Office as well. Courts also would face increased costs in time spent to resolve discovery disputes. The decision to exclude depositions from any legislative measure reflects the expressed concerns about costs and delays.
Depositions are particularly time consuming and costly.
Leaving out depositions also works to allay concerns that such discovery could have a chilling effect on complainants or witnesses. Both the recommendations floated as trial balloons by the subcommittee and the recommendations sent forward by ALAC reflect considered and good faith attempts to best balance the two sides of the scale.