[Code of Federal Regulations]

[Title 42, Volume 4]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 42CFR1006.4]



[Page 1206]

 

                         TITLE 42--PUBLIC HEALTH

 

      GENERAL--HEALTH CARE, DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

PART 1006_INVESTIGATIONAL INQUIRIES--Table of Contents

 

Sec.  1006.4  Procedures for investigational inquiries.



    (a) Testimony at investigational inquiries will be taken under oath 

or affirmation.

    (b) Investigational inquiries are non-public investigatory 

proceedings. Attendance of non-witnesses is within the discretion of the 

OIG, except that--

    (1) A witness is entitled to be accompanied, represented and advised 

by an attorney; and

    (2) Representatives of the OIG are entitled to attend and ask 

questions.

    (c) A witness will have an opportunity to clarify his or her answers 

on the record following the questions by the OIG.

    (d) Any claim of privilege must be asserted by the witness on the 

record.

    (e) Objections must be asserted on the record. Errors of any kind 

that might be corrected if promptly presented will be deemed to be 

waived unless reasonable objection is made at the investigational 

inquiry. Except where the objection is on the grounds of privilege, the 

question will be answered on the record, subject to the objection.

    (f) If a witness refuses to answer any question not privileged or to 

produce requested documents or items, or engages in conduct likely to 

delay or obstruct the investigational inquiry, the OIG may seek 

enforcement of the subpoena under Sec.  1006.5.

    (g)(1) The proceedings will be recorded and transcribed.

    (2) The witness is entitled to a copy of the transcript, upon 

payment of prescribed costs, except that, for good cause, the witness 

may be limited to inspection of the official transcript of his or her 

testimony.

    (3)(i) The transcript will be submitted to the witness for 

signature.

    (ii) Where the witness will be provided a copy of the transcript, 

the transcript will be submitted to the witness for signature. The 

witness may submit to the OIG written proposed corrections to the 

transcript, with such corrections attached to the transcript. If the 

witness does not return a signed copy of the transcript or proposed 

corrections within 30 days of its being submitted to him or her for 

signature, the witness will be deemed to have agreed that the transcript 

is true and accurate.

    (iii) Where, as provided in paragraph (g)(2) of this section, the 

witness is limited to inspecting the transcript, the witness will have 

the opportunity at the time of inspection to propose corrections to the 

transcript, with corrections attached to the transcript. The witness 

will also have the opportunity to sign the transcript. If the witness 

does not sign the transcript or offer corrections within 30 days of 

receipt of notice of the opportunity to inspect the transcript, the 

witness will be deemed to have agreed that the transcript is true and 

accurate.

    (iv) The OIG's proposed corrections the record of transcript will be 

attached to the transcript.

    (h) Testimony and other evidence obtained in an investigational 

inquiry may be used by the OIG or DHHS in any of its activities, and may 

be used or offered into evidence in any administrative or judicial 

proceeding.



[57 FR 3354, Jan. 29, 1992, as amended at 65 FR 24419, Apr. 26, 2000]