Section 42.58. Exemptions from discovery

(a) Information which is exempt from discovery includes, but is not limited to, the following:

(1) A record, report, memorandum or communication dealing with the internal practice, policy and procedure of the Commission.

(2) A record, report, memorandum or communication of the staff or a staff meeting regarding the institution, progress or result of an investigation of a complaint or regarding matters prepared in anticipation of a hearing.

(3) A report, record, memorandum or communication regarding any endeavor to eliminate the unlawful discriminatory practice complained of by conference, conciliation or persuasion.

(4) The work product of an investigator or other staff member made in the course of an investigation of a complaint or in anticipation of or in preparation for a hearing on the complaint or a report, record, memorandum or communication made by the staff during the investigation of a complaint or in anticipation of or in preparation for a hearing on the complaint which is otherwise privileged.

(5) A memorandum, statement or mental impression prepared or obtained by a staff attorney.

(6) The identity of confidential informants and sources.

(b) Objections of a party to the Commission staff’s assertion of an exemption during prehearing discovery, under subsection (a), shall be made under the enforcement procedures of the particular discovery measure involved, as provided for in this chapter. The Commission will rule upon the objections and may, where justice requires, order that the exemption be waived, in whole or in part, and that appropriate discovery occur.

The provisions of this § 42.58 adopted April 19, 1991, effective April 20, 1991, 21 Pa.B. 1909.