Ohio Administrative Code
Title 3746 - Environmental Review Appeals Commission
Chapter 3746-6 - Discovery
Section 3746-6-07 - Protective orders

Universal Citation: OH Admin Code 3746-6-07

Current through all regulations passed and filed through September 16, 2024

(A) Upon motion of any party or person from whom discovery is sought and for good cause shown, the commission may issue any order which is necessary to protect a party or person from annoyance, embarrassment, oppression, or undue burden or expense. Such a protective order may provide that:

(1) Discovery may not be had;

(2) Discovery may be had only on specified terms and conditions;

(3) Discovery may be had only by a method of discovery other than that selected by the party seeking discovery;

(4) The scope of discovery be limited or prohibited, regarding certain matters;

(5) Discovery be conducted with no one present except persons designated by the commission;

(6) A trade secret or other confidential research, development, commercial, or other information not be disclosed or be disclosed only in a designated way; or

(7) Information acquired through discovery be used only for purposes of the pending proceeding, or that such information be disclosed only to designated persons or classes of persons.

(B) A motion for a protective order shall be accompanied by:

(1) A memorandum in support, setting forth the specific basis of the motion and citations to any authorities relied upon;

(2) Copies of any specific discovery request that are the subject of the request for a protective order; and

(3) An affidavit of counsel, or of the person seeking a protective order if such person is not represented by counsel, setting forth the efforts that have been made to resolve any differences with the party seeking discovery.

(C) If a request for a protective order is denied in whole or in part, the commission may require the party or person seeking the order to provide or permit discovery on such terms and conditions as are just.

Five Year Review (FYR) Dates: 05/24/2016 and 05/24/2021
Promulgated Under: 111.15
Statutory Authority: 3745.03
Rule Amplifies: 3745.03, 3745.04, 3745.05, 3745.06
Prior Effective Dates: 4/28/2000, 7/29/2005, 8/15/2011

Disclaimer: These regulations may not be the most recent version. Ohio may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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