[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: 16CFR1025.39]

[Page 85]
 
                     TITLE 16--COMMERCIAL PRACTICES
 
             CHAPTER II--CONSUMER PRODUCT SAFETY COMMISSION
 
PART 1025_RULES OF PRACTICE FOR ADJUDICATIVE PROCEEDINGS--Table of 
Contents
 
                 Subpart D_Discovery, Compulsory Process
 
Sec.  1025.39  Orders requiring witnesses to testify or provide other 
information and granting immunity.

    (a) Applicability to Flammable Fabrics Act only. This section 
applies only to proceedings arising under the Flammable Fabrics Act.
    (b) Procedure. A party who desires the issuance of an order 
requiring a witness or deponent to testify or provide other information 
upon being granted immunity from prosecution under title 18, United 
States Code, section 6002, may make a motion to that effect. The motion 
shall be made and ruled on in accordance with Sec.  1025.23 of these 
rules and shall include a showing:
    (1) That the testimony or other information sought from a witness or 
deponent, or prospective witness or deponent, may be necessary to the 
public interest; and
    (2) That such individual has refused or is likely to refuse to 
testify or provide such information on the basis of that individual's 
privilege against self-incrimination.
    (c) Approval of the Attorney General. If the Presiding Officer 
determines that the witness' testimony appears necessary and that the 
privilege against self-incrimination may be invoked, he/she may certify 
to the Commission a request that it obtain the approval of the Attorney 
General of the United States for the issuance of an order granting 
immunity.
    (d) Issuance of order granting immunity. Upon application to and 
approval by the Attorney General of the United States, and after the 
witness has invoked the privilege against self-incrimination, the 
Presiding Officer shall issue the order granting immunity unless he/she 
determines that the privilege was improperly invoked.
    (e) Sanctions for failure to testify. Failure of a witness to 
testify after a grant of immunity or after a denial of a motion for the 
issuance of an order granting immunity shall result in the imposition of 
appropriate sanctions as provided in Sec.  1025.37 of these rules.