[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: 40CFR1610.2]



[Page 936]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

       CHAPTER VI--CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARD

 

PART 1610_ADMINISTRATIVE INVESTIGATIONS--Table of Contents

 

Sec.  1610.2  Repeated attorney misconduct, sanctions, hearings.



    (a) If an attorney who has been sanctioned by the Board for 

disorderly, dilatory, obstructionist, or contumacious conduct, or 

contemptuous language in the course of a deposition under Sec.  

1610.1(a)(5) is sanctioned again by the Board in a subsequent deposition 

or investigation, the Board, after offering the attorney an opportunity 

to be heard, may reprimand, censure the attorney, or suspend the 

attorney from further practice before the Board for such period of time 

as the Board deems advisable.

    (b) A reprimand or a censure shall be ordered with grounds stated on 

the record of the proceeding. A suspension shall be in writing, shall 

state the grounds on which it is based, and shall advise the person 

suspended of the right to appeal.

    (c) An attorney suspended pursuant to this section may within ten 

(10) days after issuance of the order file an appeal with the Board. The 

appeal shall be in writing and state concisely, with supporting 

argument, why the appellant believes the order was erroneous, either as 

a matter of fact or law. If necessary for a full and fair consideration 

of the facts, the Board as a whole may conduct further evidentiary 

hearings, or may refer the matter to another presiding officer for 

development of a record. Such presiding officer may be an attorney who 

is a Member of the Board or is employed in the Office of General 

Counsel, or an administrative law judge detailed from another agency 

pursuant to 5 U.S.C. 3344. If the Board refers the matter to a presiding 

officer, unless the Board provides specific directions to the presiding 

officer, that officer shall determine the procedure to be followed and 

who shall present evidence, subject to applicable provisions of law. 

Such hearing shall commence as soon as possible. If no appeal is taken 

of a suspension, or, if the suspension is upheld at the conclusion of 

the appeal, the presiding officer, or the Board, as appropriate, shall 

notify the state bar(s) to which the attorney is admitted. Such 

notification shall include copies of the order of suspension, and, if an 

appeal was taken, briefs of the parties, and the decision of the Board.



[66 FR 17363, Mar. 30, 2001]