Virginia Administrative Code › Title 5 - CORPORATIONS › Agency 5 - STATE CORPORATION COMMISSION, CLERK'S OFFICE › Chapter 20 - STATE CORPORATION COMMISSION RULES OF PRACTICE AND PROCEDURE › Part IV - Discovery and Hearing Preparation Procedures › Section 5VAC5-20-280 - Discovery applicable only to 5VAC5-20-90 proceedings

Current through Register Vol. 40, No. 24, July 15, 2024
This rule applies only to a proceeding in which a defendant
					 is subject to a monetary penalty or injunction, or revocation, cancellation, or
					 curtailment of a license, certificate of authority, registration, or similar
					 authority previously issued by the commission to the defendant:
1. Discovery of material in possession of the
				  commission staff. Upon written motion of the defendant, the commission shall
				  permit the defendant to inspect and, at the defendant's expense, copy or
				  photograph (exclusive of investigative notes):
(i) any relevant written or recorded
				  statements, the existence of which is known, after reasonable inquiry, by the
				  commission staff counsel assigned to the matter to be within the custody,
				  possession, or control of commission staff, made by (a) the defendant, or
				  representatives or agents of the defendant if the defendant is other than an
				  individual, or (b) any witness whom the commission staff intends, or does not
				  intend, to call to testify at the hearing, to a commission staff member or law
				  enforcement officer;
(ii)
				  designated books, tangible objects, papers, documents, or copies or portions
				  thereof, that are within the custody, possession, or control of commission
				  staff and that commission staff intends to introduce into evidence at the
				  hearing or that the commission staff obtained for the purpose of the instant
				  proceeding; and
(iii) the list of
				  the witnesses that commission staff intends to call to testify at the hearing.
				  Upon good cause shown to protect the identity of persons not named as a
				  defendant, the commission or hearing examiner may direct the commission staff
				  to withhold disclosure of material requested under this rule. The term
				  "statement" as used in relation to any witness (other than a defendant)
				  described in clause (i) of this subdivision includes a written statement made
				  by said witness and signed or otherwise adopted or approved by him, and
				  verbatim transcriptions or recordings of a witness' statement that are made
				  contemporaneously with the statement by the witness.
A motion by the defendant or staff under this rule shall be
					 filed and served at least 30 days before the hearing date. The motion shall
					 include all relief sought. A subsequent motion may be made only upon a showing
					 of cause as to why the motion would be in the interest of justice. An order or
					 ruling granting relief under this rule shall specify the time, place, and
					 manner of making discovery and inspection permitted, and may prescribe such
					 terms and conditions as the commission may determine.
Upon written motion of the commission staff, staff may
					 also obtain the list of witnesses that the defendant intends to call to testify
					 at the hearing, and inspect, copy, and photograph, at commission staff's
					 expense, the evidence that the defendant intends to introduce into evidence at
					 the hearing.
The commission staff and the defendant shall be required to
					 produce the information described above as directed by the commission or
					 hearing examiner, but not later than 10 days prior to the scheduled hearing;
					 and the admission of any additional evidence not provided in accordance
					 herewith shall not be denied solely on the basis that it was not produced
					 timely, provided the additional evidence was produced to commission staff or
					 the defendant as soon as practicable prior to the hearing, or prior to the
					 introduction of such evidence at the hearing. The requirement to produce the
					 information described in this section shall be in addition to any requirement
					 by commission staff or the defendant to timely respond to an interrogatory or
					 document request made pursuant to
					 5VAC5-20-260.
Nothing in this rule shall require the disclosure of any
					 information, the disclosure of which is prohibited by statute or other legal
					 privilege. The disclosure of the results of a commission staff investigation or
					 work product of commission staff counsel shall not be required.