[Code of Federal Regulations]
[Title 16, Volume 2]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 16CFR1016.4]

[Page 47]
 
                     TITLE 16--COMMERCIAL PRACTICES
 
             CHAPTER II--CONSUMER PRODUCT SAFETY COMMISSION
 
PART 1016_POLICIES AND PROCEDURES FOR INFORMATION DISCLOSURE AND 
COMMISSION EMPLOYEE TESTIMONY IN PRIVATE LITIGATION--Table of Contents
 
Sec.  1016.4  Testimony of Commission employees in private litigation.

    (a) No Commission employee shall testify in his or her official 
capacity in any private litigation, without express authorization from 
the Commission's General Counsel. The Commission may, in its discretion, 
review a decision by the General Counsel to authorize such employee 
testimony. The General Counsel shall in such instances, where time 
permits, advise the Commission, on a no objection basis, of the 
authorization of such employee testimony.
    (b) If any Commission employee is served with a subpoena seeking 
testimony in private litigation, he or she must immediately notify the 
Office of the General Counsel. The Office of the General Counsel, in 
conjunction with the Department of Justice, will (1) take steps to quash 
the subpoena or (2) direct the employee to appear in response to the 
subpoena but refuse to testify on the ground that it is prohibited by 
this section.
    (c) If the General Counsel becomes aware of private litigation in 
which testimony by a Commission employee would be in the interests of 
the Commission, he or she may authorize such testimony, notwithstanding 
paragraph (b) of this section. The Commission may, in its discretion, 
review a decision by the General Counsel to authorize such employee 
testimony. The General Counsel shall in such instances, where time 
permits, advise the Commission, on a no objection basis, of the 
authorization of such employee testimony. Any such testimony must be 
provided in a way that minimizes the use of Commission resources as much 
as possible.

                          PART 1017 [RESERVED]