# 29 CFR § 2570.7: Scope of discovery

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/ecfr-29-2570.7

## Section

- **Citation:** 29 CFR § 2570.7
- **Heading:** Scope of discovery
- **Jurisdiction:** Federal
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** September 22, 2026
- **Source:** Publisher's official text
- **Location:** Title 29—Labor > Subtitle B—Regulations Relating to Labor > CHAPTER XXV—EMPLOYEE BENEFITS SECURITY ADMINISTRATION, DEPARTMENT OF LABOR > SUBCHAPTER G—ADMINISTRATION AND ENFORCEMENT UNDER THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974 > PART 2570—PROCEDURAL REGULATIONS UNDER THE EMPLOYEE RETIREMENT INCOME SECURITY ACT > Subpart A—Procedures for the Assessment of Civil Sanctions Under ERISA Section 502(i)

## Text

For prohibited transaction penalty proceedings, this section shall apply in lieu of § 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.

## Nearby sections

- [29 CFR § 2570.1 § 2570.1 Scope of rules.](https://www.frixlaw.com/law-library/statutes/ecfr-29-2570.1.md)
- [29 CFR § 2570.2 § 2570.2 Definitions.](https://www.frixlaw.com/law-library/statutes/ecfr-29-2570.2.md)
- [29 CFR § 2570.3 § 2570.3 Service: Copies of documents and pleadings.](https://www.frixlaw.com/law-library/statutes/ecfr-29-2570.3.md)
- [29 CFR § 2570.4 § 2570.4 Parties.](https://www.frixlaw.com/law-library/statutes/ecfr-29-2570.4.md)
- [29 CFR § 2570.5 § 2570.5 Consequences of default.](https://www.frixlaw.com/law-library/statutes/ecfr-29-2570.5.md)
- [29 CFR § 2570.6 § 2570.6 Consent order or settlement.](https://www.frixlaw.com/law-library/statutes/ecfr-29-2570.6.md)
- [29 CFR § 2570.7 § 2570.7 Scope of discovery.](https://www.frixlaw.com/law-library/statutes/ecfr-29-2570.7.md)
- [29 CFR § 2570.8 § 2570.8 Summary decision.](https://www.frixlaw.com/law-library/statutes/ecfr-29-2570.8.md)
- [29 CFR § 2570.9 § 2570.9 Decision of the administrative law judge.](https://www.frixlaw.com/law-library/statutes/ecfr-29-2570.9.md)
- [29 CFR § 2570.10 § 2570.10 Review by the Secretary.](https://www.frixlaw.com/law-library/statutes/ecfr-29-2570.10.md)
- [29 CFR § 2570.11 § 2570.11 Scope of review.](https://www.frixlaw.com/law-library/statutes/ecfr-29-2570.11.md)
- [29 CFR § 2570.12 § 2570.12 Procedures for review by the Secretary.](https://www.frixlaw.com/law-library/statutes/ecfr-29-2570.12.md)
- [29 CFR § 2570.30 § 2570.30 Scope of this subpart.](https://www.frixlaw.com/law-library/statutes/ecfr-29-2570.30.md)
- [29 CFR § 2570.31 § 2570.31 Definitions.](https://www.frixlaw.com/law-library/statutes/ecfr-29-2570.31.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/ecfr-29-2570.7. Check the current official text before relying on it. Not legal advice.