45 CFR § 1149.33 - What type of discovery is authorized and how is it conducted?
---
identifier: "/us/cfr/t45/s1149.33"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "45 CFR § 1149.33 - What type of discovery is authorized and how is it conducted?"
title_number: 45
title_name: "Public Welfare"
section_number: "1149.33"
section_name: "What type of discovery is authorized and how is it conducted?"
chapter_name: "NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES"
subchapter_number: "B"
subchapter_name: "NATIONAL ENDOWMENT FOR THE ARTS"
part_number: "1149"
part_name: "PROGRAM FRAUD CIVIL REMEDIES ACT REGULATIONS"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "5 U.S.C. App. 8G(a)(2); 20 U.S.C. 959; 28 U.S.C. 2461 note; 31 U.S.C. 3801-3812."
regulatory_source: "79 FR 67081, Nov. 12, 2014, unless otherwise noted."
cfr_part: "1149"
---
# 1149.33 What type of discovery is authorized and how is it conducted?
(a) The following types of discovery are authorized:
(1) Requests for production of documents for inspection and copying;
(2) Requests for admissions of the authenticity of any relevant document or of the truth of any relevant fact;
(3) Written interrogatories; and
(4) Depositions.
(b) For the purpose of this section, the term *documents* includes information, documents, reports, answers, records, accounts, papers, electronic data and other data and documentary evidence. Nothing contained herein must be interpreted to require the creation of a document.
(c) Unless mutually agreed to by the parties, discovery is available only as ordered by the ALJ. The ALJ must regulate the timing of discovery.