[Code of Federal Regulations]
[Title 16, Volume 1]
[Revised as of January 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 16CFR3.39]

[Page 66-67]
 
                     TITLE 16--COMMERCIAL PRACTICES
 
                   CHAPTER I--FEDERAL TRADE COMMISSION
 
PART 3_RULES OF PRACTICE FOR ADJUDICATIVE PROCEEDINGS--Table of Contents
 
                 Subpart D_Discovery; Compulsory Process
 
Sec. 3.39  Orders requiring witnesses to testify or provide other 
information and granting immunity.

    (a) Where Commission complaint counsel desire the issuance of an 
order requiring a witness or deponent to testify or provide other 
information and granting immunity under title 18, section 6002, United 
States Code, Directors and Assistant Directors of Bureaus and Regional 
Directors and Assistant Regional Directors of Commission Regional 
Offices who supervise complaint counsel responsible for presenting 
evidence in support of the complaint are authorized to determine:
    (1) That the testimony or other information sought from a witness or 
deponent, or prospective witness or deponent, 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 his privilege 
against self-incrimination; and to request, through the Commission's 
liaison officer, approval by the Attorney General for the issuance of 
such order. Upon receipt of approval by the Attorney General (or his 
designee), the Administrative Law Judge is authorized to issue an order 
requiring the witness or deponent to testify or provide other 
information and granting immunity when the witness or deponent has 
invoked his privilege against self-incrimination and it cannot be 
determined that such privilege was improperly invoked.
    (b) Requests by counsel other than Commission complaint counsel for 
an order requiring a witness to testify or provide other information and 
granting immunity under title 18, section 6002, United States Code, may 
be made to the Administrative Law Judge and may be made ex parte. When 
such requests are made, the Administrative Law Judge is authorized to 
determine:

[[Page 67]]

    (1) That the testimony or other information sought from a witness or 
deponent, or prospective witness or deponent, 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 his privilege 
against self-incrimination; and, upon making such determinations, to 
request, through the Commission's liaison officer, approval by the 
Attorney General for the issuance of an order requiring a witness to 
testify or provide other information and granting immunity; and, after 
the Attorney General (or his designee) has granted such approval, to 
issue such order when the witness or deponent has invoked his privilege 
against self-incrimination and it cannot be determined that such 
privilege was improperly invoked.

(18 U.S.C. 6002, 6004)

[37 FR 5017, Mar. 9, 1972, as amended at 50 FR 53306, Dec. 31, 1985; 66 
FR 64143, Dec. 12, 2001]