A. Pursuant to the procedures set forth in subsection B of this section, the following information is discoverable:
1. The name and address of each witness whom the responding party intends to call to testify at the hearing.
2. Copies of any medical writings ("writings" as used herein shall have the meaning defined in the Evidence Code) including, but not limited to, reports of mental, physical, and blood examinations which the responding party intends to introduce into evidence.
3. Any other writing which is relevant to the appeal.
4. If not previously supplied, the information in Section 2.124.2000(B) of this chapter.
B. Procedure for Discovery.
1. Service of Request. At any time after a hearing date has been scheduled for an appeal, but in no event later than the fifth working day before the date set for such hearing, any party may personally serve on the other party a written request for any or all of the information set forth in subsection A of this section. Service may be made by mail, but in that event, the request must be deposited in the U.S. mail not later than the eighth working day before the date set for such hearing.
2. Response. Within three working days of receiving the request mentioned in subsection (B)(1) of this section, the responding party shall comply with the request as fully as possible. Such response shall be served upon the requesting party by first-class mail.
3. Request to be Deemed Continuing Request. The responding party shall deem the request to be a continuing request and shall respond to such request from time to time so as to fully respond to such continuing request by furnishing from time to time to the requesting party the information requested. The responding party shall furnish such information to the requesting party as soon as practicable after the responding party receives such information.
4. Negative Response. In the event the responding party does not have any item of the information requested, the responding party shall give a written negative response as to that particular item within the time specified for response and shall respond fully as to the information which the responding party does possess. In such event, the responding party shall comply with subsection (B)(3) of this section after such negative response.
5. Disputes. Any dispute between parties regarding discovery shall be resolved by the hearing officer, or, if the hearing is pending before the commission, by the commission.
6. Penalties for Failure to Comply. The person or body conducting the hearing shall impose penalties for failure to comply with these discovery provisions. These penalties shall be based upon the seriousness of the failure to comply, the good or bad faith of the noncomplying party, and the extent to which the noncompliance results in surprise to the requesting party and handicaps the requesting party in preparing his or her case. The following penalties may be imposed:
a. Exclusion of evidence;
b. Continuing the hearing at any stage; or
c. Such other reasonable penalties as may be necessary to assure compliance with these discovery provisions. (Prior code § 34.14.1403)