[Code of Federal Regulations]

[Title 40, Volume 31]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 40CFR1610.1]



[Page 935-936]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

       CHAPTER VI--CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARD

 

PART 1610_ADMINISTRATIVE INVESTIGATIONS--Table of Contents

 

Sec.  1610.1  Representation of witnesses in investigations.









Sec.

1610.1 Representation of witnesses in investigations.

1610.2 Repeated attorney misconduct, sanctions, hearings.

1610.3 Sequestration of witnesses and exclusion of Counsel.

1610.4 Deposition Transcripts.



    Authority: 42 U.S.C. 7412(r)(6)(C)(i), 7412(r)(6)(L), 7412(r)(6)(N).

    Section 1610.4 also issued under 5 U.S.C. 555.



    Source: 66 FR 1050, Jan. 5, 2001, unless otherwise noted.





    (a) Witnesses who are compelled to appear. Witnesses who are 

compelled to appear for a deposition (i.e., by subpoena) are entitled to 

be accompanied, represented, and advised by an attorney as follows:

    (1) Counsel for a witness may advise the witness with respect to any 

question asked 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. For these allowable objections, 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. If the witness 

refuses to answer a question, then counsel may briefly state on the 

record that counsel has advised the witness not to answer the question 

and the legal grounds for such refusal. The witness and his or her 

counsel shall not otherwise object to or refuse to answer any question, 

and they shall not otherwise interrupt the oral examination.

    (2) Any objections made will be treated as continuing objections and 

preserved throughout the further course of the deposition 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.

    (3) Counsel for a witness may not, for any purpose or to any extent 

not allowed by paragraphs (a)(1) and (2) of this section, interrupt the 

examination of the witness by making any objections or statements on the 

record.

    (4) Following completion of the examination of a witness, counsel 

for the witness may on the record request the person conducting the 

deposition to permit the witness to 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 deposition.

    (5) The person conducting the deposition shall take all necessary 

action to regulate the course of the deposition, 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 Board 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 deposition. The Board may thereupon take such further 

action, if any, as the circumstances warrant, including exclusion of 

that attorney from further participation in the particular 

investigation.

    (b) Voluntary interviews. Witnesses appearing voluntarily do not 

have a right to have an attorney present during questioning. The 

Investigator-in-Charge (IIC), in consultation with the General Counsel, 

may permit a witness to be accompanied by an attorney or non-attorney 

representative. If so accompanied, the role of the attorney or non-

attorney representative is limited to raising objections to questions 

that are outside the scope of the investigation and to advising the 

witness with respect to any legal privilege such as, for example, under 

the Fifth Amendment to the U. S. Constitution. Attorney and non-attorney 

representatives



[[Page 936]]



may not represent more than one witness in each investigation in this 

fashion, absent the consent of the IIC and the General Counsel.