n. The hearing officer shall issue findings of fact and render a decision in a case not
later then 50 calendar days after being assigned to the case, unless a discovery request under
subsection D.2., below, is pending.
2. Discovery
a. Full and complete discovery shall be available to parties to the proceeding, with the
Federal Rule of Civil Procedure (reference (j)) serving as a guide.
b. If voluntary discovery cannot be accomplished, a party seeking discovery may file a
motion to accomplish discovery, provided such motion is founded on the relevance and materiality
of the proposed discovery to the issues. An order granting discovery shall be enforceable as is an
order compelling testimony or the production of evidence.
c. A copy of the written or electronic transcription of a deposition taken by DoDDs
shall be made available free of charge to a parent.
3. Witnesses; Production of Evidence
a. All witnesses testifying at the hearing shall be advised that it is a criminal offense
knowingly and willfully to make a false statement or representation to a department or agency of
the United States Government as to any matter within the jurisdiction of the department or agency.
All witnesses shall be subject to cross-examination by the parties.
b. A party calling a witness shall bear the witness' travel and incidental expenses
associated with testifying at the hearing. DoDDS shall pay such expenses when a witness is called
by the hearing officer.
c. The hearing officer may issue an order compelling the attendance of witnesses or the
production of evidence upon his own motion or, if good cause be shown, upon motion of a party.
d. When the hearing officer determines that a person has failed to obey an order to
testify or to produce evidence, and such failure is in knowing and willful disregard of the order, the
hearing officer shall so certify.
e. The party or the hearing officer seeking to compel testimony or the production of
evidence may, upon the certification provided for in paragraph D.3.d., above, file an appropriate
action in a court of competent jurisdiction to compel compliance with the hearing officer's order.
4