§ 42.42. Authorization to employ discovery measures.
(a) Prior to the approval of a public hearing on the merits of a complaint, and except as may otherwise be permitted by a preliminary hearing officer as necessary or appropriate for the parties to prepare for a preliminary hearing, the discovery measures in this subchapter may be employed only by the staff.
(b) After the approval of a public hearing on the merits of a complaint, the discovery measures in this subchapter may be employed by the staff, by the complainant if he is not represented by staff counsel under § 42.106 (relating to attorney or designated agent of complainant; forms) and by the respondent.
(c) Except as limited by subsections (a) and (b), this subchapter will not be construed to prohibit the voluntary use of any discovery measure that may be agreed upon by all persons affected thereby, without need to apply to the Commission therefor. All parties shall attempt, in good faith, to engage in voluntary discovery prior to the making of an application.
(d) Subsection (a) supersedes 1 Pa. Code § § 35.142 and 35.145 (relating to subpoenas; and depositions).
(e) Subsection (b) supplements 1 Pa. Code § § 35.142—35.152 (relating to subpoenas; and depositions).
Source The provisions of this § 42.42 adopted August 13, 1976, effective August 14, 1976, 6 Pa.B. 1887; amended July 24, 1981, effective July 25, 1981, 11 Pa.B. 2608; amended April 19, 1991, effective April 20, 1991, 21 Pa.B. 1909. Immediately preceding text appears at serial page (84182).
Cross References This section cited in 16 Pa. Code § 42.44 (relating to interrogatories); 16 Pa. Code § 42.48 (relating to issuance of subpoenas); 16 Pa. Code § 42.51 (relating to depositions); and 16 Pa. Code § 42.54 (relating to production of documents and things and entry for inspection and other purposes).
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