[Code of Federal Regulations]
[Title 16, Volume 1]
[Revised as of January 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 16CFR2.9]

[Page 36-37]
 
                     TITLE 16--COMMERCIAL PRACTICES
 
                   CHAPTER I--FEDERAL TRADE COMMISSION
 
PART 2_NONADJUDICATIVE PROCEDURES--Table of Contents
 
        Subpart A_Inquiries; Investigations; Compulsory Processes
 
Sec. 2.9  Rights of witnesses in investigations.

    (a) Any person compelled to submit data to the Commission or to 
testify in an investigational hearing shall be entitled to retain a copy 
or, on payment of lawfully prescribed costs, procure a copy of any 
document submitted by him and of his own testimony as stenographically 
reported, except that in a nonpublic hearing the witness may for good 
cause be limited to inspection of the official transcript of his 
testimony. Where the investigational hearing has been conducted pursuant 
to a civil investigative demand issued under section 20 of the Federal 
Trade Commission Act, upon completion of transcription of the testimony 
of the witness, the witness shall be offered an opportunity to read the 
transcript of his testimony. Any changes in form or substance which the 
witness desires to make shall be entered and identified upon the 
transcript by the Commission investigator with a statement of the 
reasons given by the witness for making such changes. The transcript 
shall then be signed by the witness unless the witnesss cannot be found, 
is ill, waives in writing his right to signature or refuses to sign. If 
the transcript is not signed by the witness within thirty days of his 
being afforded a reasonable opportunity to review it, the Commission 
investigator shall take the actions prescribed by section 
20(c)(12)(E)(ii) of the Federal Trade Commission Act.
    (b) Any witness compelled to appear in person in an investigational 
hearing may be accompanied, represented, and advised by counsel as 
follows:
    (1) Counsel for a witness may advise the witness, in confidence and 
upon the initiative of either counsel or the witness, with respect to 
any question asked of the witness. If the witness refuses to answer a 
question, then counsel may briefly state on the record if he has advised 
the witness not to answer the question and the legal grounds for such 
refusal.
    (2) Where it is claimed that the testimony or other evidence sought 
from a witness is outside the scope of the investigation, or that the 
witness is privileged to refuse to answer a question or to produce other 
evidence, the witness or counsel for the witness may object on the 
record to the question or requirement and may state briefly and 
precisely the ground therefor. The witness and his counsel shall not 
otherwise object to or refuse to answer any question, and they shall not 
otherwise interrupt the oral examination.
    (3) Any objections made under the rules in this part will be treated 
as continuing objections and preserved throughout the further course of 
the hearing without the necessity for repeating them as to any similar 
line of inquiry. Cumulative objections are unnecessary. Repetition of 
the grounds for any objection will not be allowed.
    (4) Counsel for a witness may not, for any purpose or to any extent 
not allowed by paragraphs (b) (1) and (2) of this section, interrupt the 
examination of the witness by making any objections or statements on the 
record. Petitions challenging the Commission's authority to conduct the 
investigation

[[Page 37]]

or the sufficiency or legality of the subpoena or civil investigative 
demand must have been addressed to the Commission in advance of the 
hearing. Copies of such petitions may be filed as part of the record of 
the investigation with the person conducting the investigational 
hearing, but no arguments in support thereof will be allowed at the 
hearing.
    (5) Following completion of the examination of a witness, counsel 
for the witness may on the record request the person conducting the 
investigational hearing to permit the witness of clarify any of his or 
her answers. The grant or denial of such request shall be within the 
sole discretion of the person conducting the hearing.
    (6) The person conducting the hearing shall take all necessary 
action to regulate the course of the hearing to avoid delay and to 
prevent or restrain disorderly, dilatory, obstructionist, or 
contumacious conduct, or contemptuous language. Such person shall, for 
reasons stated on the record, immediately report to the Commission any 
instances where an attorney has allegedly refused to comply with his or 
her directions, or has allegedly engaged in disorderly, dilatory, 
obstructionist, or contumacious conduct, or contemptuous language in the 
course of the hearing. The Commission, acting pursuant to Sec. 4.1(e) 
of this chapter, will thereupon take such further action, if any, as the 
circumstances warrant, including suspension or disbarment of the 
attorney from further practice before the Commission or exclusion from 
further participation in the particular investigation.

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

[32 FR 8446, June 13, 1967, as amended at 45 FR 36343, May 29, 1980; 45 
FR 39244, June 10, 1980; 46 FR 26290, May 12, 1981; 50 FR 53304, Dec. 
31, 1985; 61 FR 50645, Sept. 26, 1996]