[Code of Federal Regulations]
[Title 40, Volume 30]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR1610.3]

[Page 814-815]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
       CHAPTER VI--CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARD
 
PART 1610_ADMINISTRATIVE INVESTIGATIONS--Table of Contents
 
Sec. 1610.3  Sequestration of witnesses and exclusion of Counsel.

    (a) All witnesses compelled by subpoena to submit to CSB depositions 
shall be sequestered unless the official conducting the depositions 
permits otherwise.
    (b) Any witness compelled by subpoena to appear at a deposition 
during a CSB investigation may be accompanied, represented, and advised 
by an attorney in good standing of his or her choice, pursuant to Sec. 
1610.1. However, when the CSB official conducting the investigation 
determines, after consultation with the Office of General Counsel, that 
the CSB has concrete evidence that the presence of an attorney 
representing multiple interests would obstruct and impede the 
investigation or inspection, the CSB official may prohibit that counsel 
from being present during the deposition.
    (c) The deposing official is to provide a witness whose counsel has 
been excluded under paragraph (b) of this section, and the witness' 
counsel, a written statement of the reasons supporting the decision to 
exclude. This statement, which must be provided no later than five 
working days after exclusion, must explain the basis for the counsel's 
exclusion. This statement must also advise the witness of the witness' 
right to appeal the exclusion decision and obtain an automatic stay of 
the effectiveness of the subpoena by filing a motion to quash the 
subpoena with the Board within five days of receipt of this written 
statement.
    (d) Within five days after receipt of the written notification 
required in paragraph (c) of this section, a witness whose counsel has 
been excluded may appeal the exclusion decision by filing a motion to 
quash the subpoena with the Board. The filing of the motion to quash 
will stay the effectiveness of the subpoena pending the Board's decision 
on the motion.

[[Page 815]]

    (e) If a witness' counsel is excluded under paragraph (b) of this 
section, the deposition may, at the witness' request, either proceed 
without counsel or be delayed for a reasonable period of time to permit 
the retention of new counsel. The deposition may also be rescheduled to 
a subsequent date established by the CSB, although the deposition shall 
not be rescheduled by the CSB to a date that precedes the expiration of 
the time provided in paragraph (d) of this section for appeal of the 
exclusion of counsel, unless the witness consents to an earlier date.

[66 FR 17363, Mar. 30, 2001]