A. In General. Discovery shall be available as provided under these rules. Discovery shall be conducted according to the procedures in Rules 26-37, SCRCP, except that only the standard interrogatories provided by Rule 33(b), SCRCP, as applicable to the pending contested case, are permitted. There shall be no more than three (3) depositions per party under Rule 30, SCRCP, and no more than ten (10) requests to admit per party, including subparts, under Rule 36, SCRCP. Unless otherwise provided by law, all discovery shall be completed within ninety (90) days of the date of the Notice of Assignment. Upon motion for good cause shown or upon his own motion, discovery may be expanded or curtailed by the administrative law judge.B. Discovery in Certificate of Need Cases. Discovery in Certificate of Need (CON) contested cases is limited to the issues presented or considered during the staff review. Only the standard interrogatories provided by Rule 33(b), SCRCP, as applicable to the pending contested case, and ten (10) interrogatories (including subparts) are permitted to each party. Each party shall be permitted no more than thirty (30) requests for production (including subparts); no more than ten (10) witnesses called by each party in its case in chief; and no more than ten (10) requests to admit (including subparts). Any permitted discovery shall be conducted according to the procedures in Rules 26-37, SCRCP. Discovery may be curtailed by the administrative law judge upon a showing of good cause or expanded by the administrative law judge upon a showing of substantial prejudice to the party seeking expanded discovery.S.C. R. P. Admin. Law. Ct. 21
2022 Revised Notes
This rule authorizes discovery by depositions, interrogatories, document production, or requests to admit. The mechanism, timing and procedure of discovery is governed by the South Carolina Rules of Civil Procedure (SCRCP), with specific limitations on interrogatories, depositions, and requests to admit. The timeline for completion of discovery runs from the date of the Notice of Assignment. The presiding administrative law judge may expand or curtail discovery either sua sponte or upon motion. Subsection (B) provides parameters for discovery in Certificate of Need (CON) cases. The rule is designed to facilitate the resolution of CON cases in as prompt a manner as possible. The presiding administrative law judge in a CON case may establish a time frame for completion of discovery in a scheduling order.