[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: 16CFR1118.7]

[Page 187-188]
 
                     TITLE 16--COMMERCIAL PRACTICES
 
             CHAPTER II--CONSUMER PRODUCT SAFETY COMMISSION
 
PART 1118_INVESTIGATIONS, INSPECTIONS AND INQUIRIES UNDER THE CONSUMER 
PRODUCT SAFETY ACT--Table of Contents
 
   Subpart A_Procedures for Investigations, Inspections, and Inquiries
 
Sec.  1118.7  Rights of witnesses at investigational hearings and of 
deponents at depositions.

    (a) Any person, agent, or officer of a firm, who is required to 
produce documentary evidence or give testimony as a witness at an 
investigational hearing conducted under provisions of Sec.  1118.5 or as 
a deponent at a deposition taken under provisions of Sec.  1118.6 may be 
accompanied by an attorney, or an officer or partner of the firm, who 
may act as representative for the witness or the deponent. However, a 
person who is subpoenaed to produce documentary evidence or give 
testimony at an investigational hearing or deposition cannot act as 
attorney or representative for another witness or deponent at the same 
proceeding. The term attorney refers to members of the bar of a Federal 
court or the courts of any State or Territory of the United States, the 
Commonwealth of Puerto Rico, or the District of Columbia. The witness or 
deponent and his or her attorney or representative may act as follows 
during the course of an investigational hearing or deposition:
    (1) A witness or deponent may confer, in confidence, with his or her 
attorney or representative concerning any questions asked of the witness 
or deponent. If the witness, deponent, or his or her attorney or 
representative objects to a question or any other matter relevant to the 
investigational hearing or deposition, the objection and basis for it

[[Page 188]]

shall be stated on the record. In the case of an objection based upon 
self-incrimination, the privilege must be asserted by the witness or 
deponent. If a witness at an investigational hearing refuses to answer a 
question or provide other information, the presiding official shall have 
the authority to immediately order the witness to answer the question or 
provide the information requested, except in circumstances where, in the 
discretion of the presiding official an immediate ruling would be 
unwarranted and except where a refusal is based upon the privilege 
against self-incrimination. Otherwise all objections shall be ruled upon 
by presiding official at the time the objection is made.
    (2) Objections timely made under the provisions of Sec.  1118.7(a) 
shall be noted on the record, shall be treated as continuing, and shall 
be preserved throughout the proceeding without the necessity of 
repetition during similar lines of inquiry.
    (3) Except as provided by Sec.  1118.7(a), counsel for a witness or 
deponent may not interrupt the examination of the witness or the 
deponent by making objections or statements on the record.
    (4) Upon completion of the examination, any witness at an 
investigational hearing may clarify on the record any of his or her 
answers, or, if the witness is accompanied by an attorney or 
representative, the attorney or representative may examine the witness 
on the record as to answers previously given. In addition, the witness 
or his or her attorney or representative may make a brief statement at 
the conclusion of the hearing giving his, her or the firm's position 
with regard to matters under investigation. In order to prevent abuse of 
the investigational process, the presiding official shall have the 
authority to impose reasonable limitations on the period of time allowed 
for objections, clarification of answers, and statements of position.
    (5) Upon completion of all testimony, a deponent may clarify on the 
record any of his or her answers. The attorney or representative for a 
deponent may examine that deponent on the record to clarify answers 
previously given.
    (b) Any person, agent, or officer who is required to appear in 
person at an investigational hearing or at a deposition shall testify as 
to matters and information known and/or reasonably available to the 
person or firm involved.
    (c) Any person, agent or officer who is compelled by subpoena to 
appear in person at an investigational hearing or at a deposition shall 
receive the same fees and mileage allowances as are paid witnesses in 
the courts of the United States.
    (d) Any person, agent, or officer who is required to appear at an 
investigational hearing or at a deposition shall be entitled to retain a 
copy of any document submitted by him or her and, upon payment of 
lawfully prescribed costs, in accordance with the Commission's 
regulations under the Freedom of Information Act, shall be entitled to 
procure a copy of his or her own testimony as recorded.
    (e) The presiding official shall take all necessary action to 
regulate the course of the hearing, to avoid delay and to assure that 
reasonable standards of orderly and ethical conduct are maintained. The 
presiding official, for reasons stated on the record, shall immediately 
report to the Commission any instance in which a witness or his or her 
attorney or representative has refused to comply with the presiding 
official's directions or to adhere to reasonable standards of orderly 
and ethical conduct in the course of the hearing. The Commission shall 
take whatever action is appropriate under the circumstances.