[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: 49CFR511.39]

[Page 49]
 
                        TITLE 49--TRANSPORTATION
 
                            OF TRANSPORTATION
 
PART 511--ADJUDICATIVE PROCEDURES--Table of Contents
 
                Subpart D--Discovery; Compulsory Process
 
Sec. 511.39  Orders requiring witnesses to testify or provide other information and granting immunity.

    (a) A party who desires the issuance of an order requiring a witness 
to testify or provide other information upon being granted immunity from 
prosecution under title 18, U.S.C., section 6002, may make a motion to 
that effect. The motion shall be made and ruled on in accordance with 
Sec. 511.22, and shall include a showing:
    (1) That the testimony or other information sought from a witness or 
prospective witness may be necessary to the public interest; and
    (2) That such individual has refused or is likely to refuse to 
testify or provide such information on the basis of that individual's 
privilege against self-incrimination.
    (b) If the Presiding Officer determines that the witness' testimony 
appears necessary and that the privilege against self-incrimination may 
be invoked, he or she may certify to the Administrator a request that he 
or she obtain the approval of the Attorney General of the United States 
for the issuance of an order granting immunity.
    (c) Upon application to and approval of the Attorney General of the 
United States, and after the witness has invoked the privilege against 
self-incrimination, the Presiding Officer shall issue the order granting 
immunity unless he or she determines that the privilege was improperly 
invoked.
    (d) Failure of a witness to testify after a grant of immunity or 
after a denial of the issuance of an order granting immunity shall 
result in the imposition of appropriate sanctions as provided in 
Sec. 511.37.