[Code of Federal Regulations]
[Title 16, Volume 2]
[Revised as of January 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 16CFR1025.45]

[Page 89-90]
 
                     TITLE 16--COMMERCIAL PRACTICES
 
             CHAPTER II--CONSUMER PRODUCT SAFETY COMMISSION
 
PART 1025--RULES OF PRACTICE FOR ADJUDICATIVE PROCEEDINGS--Table of Contents
 
                           Subpart E--Hearings
 
Sec.  1025.45  In camera materials.

    (a) Definition. In camera materials are documents, testimony, or 
other data which by order of the Presiding Officer or the Commission are 
kept confidential and excluded from the public record.
    (b) In camera treatment of documents and testimony. The Presiding 
Officer or the Commission shall have authority, when good cause is found 
on the record, to order documents or testimony offered in evidence, 
whether admitted or rejected, to be received and preserve in camera. The 
order shall specify the length of time for in camera treatment and shall 
include:
    (1) A description of the documents or testimony;
    (2) The reasons for granting in camera treatment for the specified 
length of time; and
    (3) The terms and conditions imposed by the Presiding Official, if 
any, limiting access to or use of the in camera material.
    (c) Access and disclosure to parties. (1) Commissioners and their 
staffs, Presiding Officers and their staffs, and Commission staff 
members concerned with judicial review shall have complete access to in 
camera materials. Any party to the proceedings may seek access only in 
accordance with paragraph (c)(2) of this section.
    (2) Any party desiring access to, or disclosure of, in camera 
materials for the preparation and presentation of that party's case 
shall make a motion which sets forth its justification. The Presiding 
Officer or the Commission may grant such motion for good cause shown and 
shall enter a protective order prohibiting unnecessary disclosure and 
requiring any other necessary safeguards. The Presiding Officer or the 
Commission may examine the in camera materials and excise any portions 
prior to disclosure of the materials to the moving party.
    (d) Segregation of in camera materials. In camera materials shall be 
segregated from the public record and protected from public view.
    (e) Public release of in camera materials. In camera materials 
constitute a part of the confidential records of the Commission and 
shall not be released to the public until the expiration of in camera 
treatment.
    (f) Reference to in camera materials. In the submission of proposed 
findings, conclusions, briefs, or other documents, all parties shall 
refrain from disclosing specific details of in camera materials. 
However, such refraining

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shall not preclude general references to such materials. To the extent 
that parties consider necessary the inclusion of specific details of in 
camera materials, those references shall be incorporated into separate 
proposed findings, conclusions, briefs, or other documents marked 
``Confidential, Contains In Camera Material,'' which shall be placed in 
camera and become part of the in camera record. Those documents shall be 
served only on parties accorded access to the in camera materials by 
these rules, the Presiding Officer, or the Commission.