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Ruling allowing discovery in challenge to FFL revocation
Posted by David Hardy · 28 March 2006 03:31 PM
From John Harris of Nashville, attorney for FFL Top Brass Sports, comes this ruling (small pdf) allowing the dealer to take discovery in a District Court challenge to revocation of its FFL.
Normally, discovery is nonexistant in a challenge to a regulatory adjudication, since the only question is whether the agency ruling is supported by the evidence given in the regulatory proceeding. But in an appeal from an FFL revocation, the court can consider evidence outside the record, and thus the court reasons that discovery (depositions, written questions, requests for production of documents) should be allowed, too.