For prohibited transaction penalty proceedings, this section shall
apply in lieu of Sec. 18.14 of this title.
(a) A party may file a motion to conduct discovery with the
administrative law judge. The motion for discovery shall be granted by
the administrative law judge only upon a showing of good cause. In order
to establish ``good cause'' for the purposes of this section, a party
must show that the discovery requested relates to a genuine issue as to
a material fact that is relevant to the proceeding. The order of the
administrative law judge shall expressly limit the scope and terms of
discovery
to that for which ``good cause'' has been shown, as provided in this
paragraph.
(b) A party may obtain discovery of documents and tangible things
otherwise discoverable under paragraph (a) of this section and prepared
in anticipation of or for the hearing by or for another party's
representative (including his or her attorney, consultant, surety,
indemnitor, insurer, or agent) only upon a showing that the party
seeking discovery has substantial need of the materials or information
in the preparation of his or her case and that he or she is unable
without undue hardship to obtain the substantial equivalent of the
materials or information by other means. In ordering discovery of such
materials when the required showing has been made, the administrative
law judge shall protect against disclosure of the mental impressions,
conclusions, opinions, or legal theories of an attorney or other
representative of a party concerning the proceeding.
