[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: 40CFR1611.9]



[Page 939-940]

 

                   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.  1611.9  Testimony in Federal, State, or local criminal 

investigations and other proceedings.



    (a) As with civil litigation, the CSB prefers that testimony be 

taken by deposition if court rules permit, and that testimony await the 

issuance of



[[Page 940]]



the investigation report. The CSB recognizes, however, that in the case 

of coroner's inquests and grand jury proceedings this may not be 

possible. The CSB encourages those seeking testimony of CSB employees to 

contact the General Counsel as soon as such testimony is being 

considered. Whenever the intent to seek such testimony is communicated 

to the employee, he shall immediately notify the General Counsel.

    (b) In any case, CSB employees are prohibited from testifying in any 

civil, criminal, or other matter, either in person or by deposition or 

interrogatories, absent advance approval of the General Counsel.

    (c) If permission to testify by deposition or in person is granted, 

testimony shall be limited as set forth in Sec.  1611.3. Only factual 

testimony is authorized; no expert or opinion testimony shall be given.