[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: 16CFR1118.6]

[Page 187-188]
 
                     TITLE 16--COMMERCIAL PRACTICES
 
             CHAPTER II--CONSUMER PRODUCT SAFETY COMMISSION
 
PART 1118--INVESTIGATIONS, INSPECTIONS AND INQUIRIES UNDER THE CONSUMER 
PRODUCT SAFETY ACT--Table of Contents
 
  Subpart A--Procedures for Investigations, Inspections, and Inquiries
 
Sec.  1118.6  Depositions.

    (a) The Commission by subpoena may require testimony to be taken by 
deposition at any stage of any investigation. Depositions may be taken 
before any person who is designated by the Commission and has the power 
to administer oaths. The person before whom the deposition is taken 
shall put the deponent under oath. The testimony given shall be reduced 
to writing by the person taking the deposition or under that person's 
direction and shall then be submitted to the deponent for signature 
unless the deponent waives the right to sign the deposition. All 
depositions shall be closed to the public, unless otherwise ordered by 
the Commission. The release of the record of such depositions shall be 
governed by the Freedom of Information Act (5 U.S.C. 552), the 
Commission's regulations under that Act, 16 CFR part 1015 (42 FR 10490, 
February 22, 1977) or as amended and/or other applicable laws or 
regulations, except that the deponent may, in accordance with 
Sec. 1118.7(d), obtain a copy of his or her deposition.
    (b) Any changes which the deponent desires to make shall be entered 
on the face of the deposition and shall state the reasons for such 
changes. The deposition shall then be signed by the deponent, unless the 
deponent waives the

[[Page 188]]

right to sign, cannot be found, or is unable or refuses to sign. The 
deponent must sign the deposition within 30 days of its submission to 
him or her, or within such shorter time period as the Commission may 
designate. Whenever a deponent is required to sign in less than ten 
days, the Commission shall notify the deponent of the reasons for such 
shorter time period.

If the deponent does not sign the deposition within the prescribed time 
period, the Commission designee shall sign it and state on the record 
the fact of the waiver of the right to sign or of the illness or absence 
of the deponent, or the deponent's inability or refusal to sign, 
together with the reason if any is given. The deposition may be used in 
any administrative proceeding, as provided by these rules, or any other 
proceeding, as allowed by applicable rules.