[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: 40CFR1611.5]



[Page 939]

 

                   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.  1611.5  Request for testimony in civil litigation.



    (a) A written request for testimony by deposition or interrogatories 

of a CSB employee relating to an incident shall be addressed to the 

General Counsel, who may approve or deny the request consistent with 

this part. Such request shall set forth the title of the civil case, the 

court, the date and place of the incident, the reasons for desiring the 

testimony, and a showing that the information desired is not reasonably 

available from other sources.

    (b) Where testimony is sought in connection with civil litigation, 

the General Counsel shall not approve it until the CSB's investigation 

report is issued.

    (c) The General Counsel shall attach to the approval of any 

deposition such reasonable conditions as may be deemed appropriate in 

order that the testimony will be consistent with Sec.  1611.1, will be 

limited to the matters delineated in Sec.  1611.3, will not interfere 

with the performance of the duties of the employee as set forth in Sec.  

1611.4, and will otherwise conform to the policies of this part.

    (d) A subpoena shall not be served upon a CSB employee in connection 

with the taking of a deposition in civil litigation.