[Code of Federal Regulations]
[Title 49, Volume 5]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR510.6]

[Page 31-33]
 
                        TITLE 49--TRANSPORTATION
 
                            OF TRANSPORTATION
 
PART 510--INFORMATION GATHERING POWERS--Table of Contents
 
Sec. 510.6  Administrative depositions.

    (a) NHTSA may issue a subpoena to compel any person, sole 
proprietorship, partnership, corporation, or other entity to provide 
information as a witness at an administrative deposition. These 
depositions are for the purpose of obtaining information from the 
witness under oath and receiving documents and things relevant to an 
agency investigation. These depositions shall be taken before an officer 
authorized to administer oaths by the laws of the United States or of 
the place where the deposition is taken. Unless otherwise

[[Page 32]]

ordered by the Administrator, administrative depositions are closed to 
the public.
    (b) Any person who is required by subpoena or designated by an 
entity that is required by subpoena to produce documents or things or to 
give testimony as a witness at an administrative deposition conducted 
under this section may be accompanied, represented, and advised by 
counsel. Any member of the bar or a Federal court or the courts of any 
State or Territory of the United States, the Commonwealth of Puerto 
Rico, or the District of Columbia and any representative, official, or 
employee of the person, sole proprietorship, partnership, corporation, 
or other entity under subpoena may act as counsel.
    (c) During an administrative deposition:
    (1) The presiding officer before whom the deposition is to be taken 
puts the witness on oath and personally, or by someone acting under his 
or her direction and in his or her presence, records the testimony of 
the witness. The testimony is stenographically reported.
    (2) After NHTSA has examined the witness at the deposition, that 
witness' counsel or representative may examine the witness. NHTSA may 
then reexamine the witness and the witness' counsel or representative 
may reexamine the witness and so forth, as appropriate.
    (3) A witness appearing in response to a subpoena may confer in 
confidence with his or her counsel or representative concerning any 
questions asked of the witness. If such witness, counsel, or 
representative objects to a question, he or she shall state the 
objection and the basis therefor on the record.
    (4) Objections to the qualifications of the officer taking the 
deposition, or to the manner of taking it, or to the evidence presented, 
and any other objection to the proceedings shall be noted by the officer 
on the record, and shall be treated as continuing. Evidence objected to 
shall be taken subject to the objections. Errors and irregularities 
occurring at a deposition in the manner of the taking of the deposition, 
in the form of questions or answers, or in the oath or affirmation, and 
errors of any kind which might be obviated, removed, or cured if 
promptly presented shall be deemed to be waived unless reasonable 
objection is made thereto at the taking of the deposition.
    (5) If the witness refuses to answer any question or answers 
evasively, or if the witness or his or her counsel engages in conduct 
likely to delay or obstruct the administrative deposition, such refusal, 
evasive answer or conduct shall be a failure to comply with the subpoena 
issued to the witness.
    (6) Upon completion of the examination of a witness, the witness may 
clarify on the record any of his or her answers.
    (d) The transcript of the testimony of a witness who testified in 
response to a subpoena at an administrative deposition is submitted to 
the witness for signature, unless the witness waives the right to sign 
the transcript. If a witness desires to make any changes in the form or 
substance contained in the transcript, the witness shall submit, 
together with the transcript, a separate document setting forth the 
changes and stating the reasons for such changes. If the deposition is 
not signed by the witness within 30 days of its submission to the 
witness, or such other period as the NHTSA may designate, the officer 
before whom the deposition was taken or a NHTSA employee signs the 
transcript and states on the record the fact of the waiver of the right 
to sign or the fact of the witness' unavailability or inability or 
refusal to sign together with the reasons, if any, given therefor.
    (e) The transcript of the testimony of a witness will be inspected 
by NHTSA to determine if there are any errors in the transcription of 
the questions posed to the witness and the testimony in response to 
those questions. If NHTSA discovers any errors, it notes that fact and 
forwards the notation of errors together with the transcript to the 
witness, requesting the witness to stipulate that the transcript is in 
error and that the corrections made by NHTSA are accurate. If the 
witness will not make this stipulation, NHTSA may make a motion to the 
presiding officer to include its notation of error and its corrections 
in the record along with the version of the testimony signed by the 
witness.

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    (f)(1) Upon payment of lawfully prescribed costs, any person who is 
required by subpoena or designated by a sole proprietorship, 
partnership, corporation, or other entity that is required by subpoena 
to appear as a witness at an administrative deposition may procure a 
copy of the deposition as recorded, except that in a nonpublic 
investigatory proceeding, the witness may, for good cause, be limited to 
an inspection of the record of the deposition.
    (2) A copy of the record of the deposition may be furnished to the 
witness without charge or at a reduced charge if the Associate 
Administrator for Administration determines that waiver of the fee is in 
the public interest because furnishing the copy can be considered as 
primarily benefitting the general public. Any witness who seeks a waiver 
of the copying charge may apply in writing to the Associate 
Administrator for Administration, and shall state the reasons justifying 
waiver of the fee in the application.
    (g) The testimony obtained in an adminstrative deposition may be 
used or considered by the NHTSA in any of its activities, and may be 
used or offered into evidence in any administrative proceeding in 
accordance with the provisions of 5 U.S.C. 554, or in any judicial 
proceeding.