[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: 40CFR1611.9]

[Page 534]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
       CHAPTER VI--CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARD
 
PART 1611--TESTIMONY BY EMPLOYEES IN LEGAL PROCEEDINGS--Table of Contents
 
Sec. 1611.9  Testimony in Federal, State, or local criminal investigations and other proceedings.

    (a) As with civil litigation, the CSB prefers that testimony be 
taken by deposition if court rules permit, and that testimony await the 
issuance of the investigation report. The CSB recognizes, however, that 
in the case of coroner's inquests and grand jury proceedings this may 
not be possible. The CSB encourages those seeking testimony of CSB 
employees to contact the General Counsel as soon as such testimony is 
being considered. Whenever the intent to seek such testimony is 
communicated to the employee, he shall immediately notify the General 
Counsel.
    (b) In any case, CSB employees are prohibited from testifying in any 
civil, criminal, or other matter, either in person or by deposition or 
interrogatories, absent advance approval of the General Counsel.
    (c) If permission to testify by deposition or in person is granted, 
testimony shall be limited as set forth in Sec. 1611.3. Only factual 
testimony is authorized; no expert or opinion testimony shall be given.