Oklahoma Administrative Code (Last Updated: March 11, 2021) |
TITLE 460. Department of Mines |
Chapter 2. Rule of Practice and Procedure for the Coal Reclamation Act of 1979 |
Subchapter 5. Discovery |
SECTION 460:2-5-11. Production of documents and things and entry upon
Latest version.
- (1) Produce and permit the party making the request, or a person acting on his behalf, to inspect and copy any designated documents, or the inspect and copy, test, or sample any tangible things within the scope of 460:2-5-3 and which are in the possession, custody, or control of the party upon whom the request is served; or(2) Permit entry upon designated land or other property in the possession or control of the party upon whom the request is served for the purpose of inspection and measuring, surveying, photographing, testing, or sampling the property (including the air, water, and soil) or any designated object or operation thereon, within the scope of 460:2-5-3.(b) The request may be served on any party within leave of the hearing examiner.(c) The request shall:(1) Set forth the items to be inspected either by individual item or by category;(2) Describe each item or category with reasonable particularity; and(3) Specify a reasonable time, place, and manner of making the inspection and performing the relates acts.(d) The party upon whom the request is served shall serve on the party submitting the request a written response within 30 days after service of the request.(e) The response shall state, with respect to each item or category:(1) That the inspection and related activities will be permitted as requested; or(2) That objection is make in whole or in part, in which case the reasons for objection shall be stated.