[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: 40CFR1610.3]



[Page 936-937]

 

                   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 937]]



    (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]