[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: 40CFR1611.1]



[Page 937-938]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

       CHAPTER VI--CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARD

 

PART 1611_TESTIMONY BY EMPLOYEES IN LEGAL PROCEEDINGS--Table of Contents

 

Sec.  1611.1  General.









Sec.

1611.1 General.

1611.2 Definitions.

1611.3 Scope of permissible testimony.

1611.4 Manner in which testimony is given in civil litigation.

1611.5 Request for testimony in civil litigation.

1611.6 Testimony of former CSB employees.

1611.7 Testimony by current CSB employees regarding prior activity.

1611.8 Procedure in the event of a subpoena in civil litigation.

1611.9 Testimony in Federal, State, or local criminal investigations and 

          other proceedings.

1611.10 Obtaining CSB investigation reports and supporting information.



    Authority: 5 U.S.C. 301, 42 U.S.C. 7412(r)(6)(G).



    Source: 66 FR 17366, Mar. 30, 2001, unless otherwise noted.





    (a) This part prescribes policies and procedures regarding the 

testimony of employees of the Chemical Safety and Hazard Investigation 

Board (CSB) in suits or actions for damages and criminal proceedings 

arising out of chemical incidents when such testimony is in an official 

capacity and arises out of or is related to an incident investigation. 

The purpose of this part is to ensure that the time of CSB employees is 

used only for official purposes, to avoid embroiling the CSB in 

controversial issues that are not related to its duties, to avoid 

spending public funds for non-CSB purposes, to preserve the impartiality 

of the CSB, and to prohibit the discovery of opinion testimony.

    (b) This part does not apply to:

    (1) Congressional requests or subpoenas for testimony or records;

    (2) Federal court civil proceedings in which the United States is a 

party;

    (3) Federal administrative proceedings;

    (4) Employees who voluntarily testify, while on their own time or in 

approved leave status, as private citizens as to facts or events that 

are not related to the official business of the CSB. The employee must 

state for the record that the testimony represents the employee's own 

views and is not necessarily the official position of the CSB.

    (c) This part only provides guidance for the internal operations of 

the CSB, and neither creates nor is intended to



[[Page 938]]



create any enforceable right or benefit against the United States.