Sec. 30.02.06.08. Discovery

A. Not later than 20 days before the scheduled hearing, each party shall provide all other parties with a list of all witnesses, including expert witnesses, who are expected to testify for that party at the hearing.

B. With respect to any matter which is relevant to the subject matter of the hearing and which is not privileged or otherwise nondiscoverable, a party, by written request served upon all other parties and filed with the EMS Board or Office of Administrative Hearings, as appropriate, not later than 30 days before the scheduled hearing, may require any other party to:

(1) Produce within 15 days, for inspection or copying, any file, memorandum, correspondence, document, expert report, object, or tangible thing; and

(2) Respond to not more than 15 interrogatories, which will be counted separately irrespective of the manner in which they are grouped, combined, or arranged.

C. Stipulations. The parties by written stipulation may modify the discovery procedures provided by this chapter, except that the parties may not modify any discovery procedure if the effect of the modification would be to impair or delay:

(1) A prehearing conference;

(2) An order specifying the time for filing a motion or other paper; or

(3) The hearing.

D. Sanctions.

(1) The EMS Board or administrative law judge, as appropriate, may impose sanctions against any party for failing to:

(a) Provide all other parties with a list of all witnesses, including expert witnesses; and

(b) Fully comply with a discovery request.

(2) The sanctions may include, but are not limited to:

(a) Refusing to admit the testimony of a witness who was not disclosed as required by this chapter;

(b) Refusing to admit a report prepared by an expert;

(c) Refusing the failing party the ability to support or oppose designated claims, defenses, or matters by introducing any documentary or testimonial evidence that was not disclosed under a discovery request; and

(d) Dismissing the contested case.

E. Unless otherwise provided by law or by agreement of the parties, no other discovery procedure may be noticed.

F. Copies of requested documents and records shall be made at the expense of the party making the request.