# COMAR Title 26 — Department of the Environment

## Subtitle 20 — Surface Coal Mining and Reclamation Under Federally Approved Program

### Chapter 35 — Discovery During Adjudicatory Hearings

#### Regulation .06 Motion to Compel Discovery.

*COMAR 26.20.35.06*

A. If a deponent fails to answer a question propounded, or a party upon whom a request is made pursuant to Regulation .11 of this chapter, or a party upon whom answers to interrogatories are served fails to adequately respond or objects to the request, or any part of it, or fails to permit inspection as requested, the discovering party may move the hearing officer for an order compelling a response or inspection in accordance with the request.

B. The motion shall set forth the following:

  (1) The nature of the questions or request;

  (2) The response or objection of the party upon whom the request was served; and

  (3) Arguments in support of the motion.

C. For purposes of this regulation, an evasive answer or incomplete answer or response shall be treated as a failure to answer or respond.

D. In ruling on a motion made pursuant to this regulation, the hearing officer may make such protective order as he is authorized to make on a motion made pursuant to Regulation .03D of this chapter.