[Code of Federal Regulations]
[Title 40, Volume 28]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR1610.2]

[Page 530-531]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
       CHAPTER VI--CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARD
 
PART 1610--ADMINISTRATIVE INVESTIGATIONS--Table of Contents
 
Sec. 1610.2  Repeated attorney misconduct, sanctions, hearings.

    (a) If an attorney who has been sanctioned by the Board for 
disorderly, dilatory, obstructionist, or contumacious conduct, or 
contemptuous language in the course of a deposition under 
Sec. 1610.1(a)(5) is sanctioned again by the Board in a subsequent 
deposition or investigation, the Board, after offering the attorney an 
opportunity to be heard, may reprimand, censure the attorney, or suspend 
the attorney from further practice before the Board for such period of 
time as the Board deems advisable.
    (b) A reprimand or a censure shall be ordered with grounds stated on 
the record of the proceeding. A suspension shall be in writing, shall 
state the grounds on which it is based, and shall advise the person 
suspended of the right to appeal.
    (c) An attorney suspended pursuant to this section may within ten 
(10) days after issuance of the order file an appeal with the Board. The 
appeal shall be in writing and state concisely, with supporting 
argument, why the appellant believes the order was erroneous, either as 
a matter of fact or law. If necessary for a full and fair consideration 
of the facts, the Board as a whole may conduct further evidentiary 
hearings,

[[Page 531]]

or may refer the matter to another presiding officer for development of 
a record. Such presiding officer may be an attorney who is a Member of 
the Board or is employed in the Office of General Counsel, or an 
administrative law judge detailed from another agency pursuant to 5 
U.S.C. 3344. If the Board refers the matter to a presiding officer, 
unless the Board provides specific directions to the presiding officer, 
that officer shall determine the procedure to be followed and who shall 
present evidence, subject to applicable provisions of law. Such hearing 
shall commence as soon as possible. If no appeal is taken of a 
suspension, or, if the suspension is upheld at the conclusion of the 
appeal, the presiding officer, or the Board, as appropriate, shall 
notify the state bar(s) to which the attorney is admitted. Such 
notification shall include copies of the order of suspension, and, if an 
appeal was taken, briefs of the parties, and the decision of the Board.

[66 FR 17363, Mar. 30, 2001]