Sec.

Subpart B-Conduct of Hearing

845.20 Powers of chairman of board of inquiry.

845.21 Prehearing conference.

845.22 Sessions open to public.

845.23 Examination of witnesses.

845.24 Evidence.

845.25 Recommendations by parties. 845.26 Stenographic transcript. 845.27 Public docket.

845.28 Payment of witnesses.

AUTHORITY: Sec. 304(b) of the Independent Safety Board Act of 1974, Pub. L. 93633, 88 Stat. 2169 (49 U.S.C. 1903(b)).

SOURCE: 40 FR 30254, July 17, 1975, unless otherwise noted.

§ 845.1 Applicability.

Unless otherwise specifically ordered by the National Transportation Safety Board (Board), the provisions of this part shall govern all surface transportation accident investigation hearings conducted under the authority of section 304(b) of the Independent Safety Board Act of 1974 (49 U.S.C. 1903(b)).

§ 845.2 Nature of hearing.

Surface transportation accident hearings are convened to assist the Board in determining cause or probable cause of an accident, in reporting the facts, conditions, and circumstances of the accident, and in ascertaining measures which will tend to prevent accidents and promote transportation safety. Such hearings are factfinding procedures with no formal issues and no adverse parties and are not subject to the provisions of the Administrative Procedure Act (Pub. L. 89-554, 80 Stat. 384 (5 U.S.C. 554).

Subpart A-Initial Procedure

§ 845.10 Determination to hold hearing.

The Board may order a public hearing as part of a surface accident investigation whenever such hearing is deemed necessary in the public interest; provided that if a quorum of the Board is not immediately available in the event of a catastrophic accident, the determination to hold a public hearing may be made by the Chair

man.

§ 845.11 Board of inquiry.

The board of inquiry shall consist of a Member of the Board who shall be chairman of the board of inquiry, a hearing officer when assigned, the Director of the Bureau of Accident Investigation, or his designee, and, where appropriate, the General Counsel or his designee. Assignment of a Member to serve as the chairman of each board of inquiry shall be determined by the Board. It shall be the duty of the board of inquiry to examine witnesses and to secure, in the form of a public record, all known facts pertaining to the accident and surrounding circumstances and conditions from which cause or probable cause may be determined and recommendations for corrective action may be formulated.

[40 FR 30254, July 17, 1975, as amended at 41 FR 39759, Sept. 16, 1976]

§ 845.12 Technical panel.

The Director, Bureau of Accident Investigation, shall designate members of the Board's technical staff to participate in the hearing and initially develop the testimony of witnesses.

[41 FR 39759, Sept. 16, 1976]

§ 845.13 Notice of hearing.

The chairman of the board of inquiry shall designate a time and place for the hearing which meets the needs of the Board. Notice to all known interested persons shall be given.

§ 845.14 Designation of parties.

(a) The chairman of the board of inquiry shall designate as parties to the hearing those persons, agencies, companies, and associations whose participation in the hearing is deemed necessary in the public interest and whose special knowledge will contribute to the development of pertinent evidence.

(b) Persons representing claimants or insurers will not be designated as parties to the hearing.

(c) Prior to the prehearing conference, as provided in § 845.21, the board of inquiry shall furnish the parties a list of witnesses and the areas in which they will be examined, and a list of all available exhibits (or copies

as available) that the Board intends to introduce at the hearing. Following receipt of designation, and no later than the date established by the chairman of the board of inquiry, said parties shall furnish the board of inquiry with names of any additional witnesses they desire to examine, a statement of the areas in which such witnesses should be examined, and copies of any additional exhibits they may desire to offer in evidence.

Subpart B-Conduct of Hearing

§ 845.20 Powers of chairman of board of inquiry.

The Board Member acting as chairman of the board of inquiry, or, in his absence, his designee, shall have the following powers:

(a) To open, continue, or adjourn the hearing;

(b) To issue subpoenas;

(c) To administer oaths and affirmations;

(d) To determine the admissibility of and to receive evidence and to regulate the course of the hearing;

(e) To dispose of procedural requests or similar matters; and

(f) To take any other action necessary or incident to the orderly conduct of the hearing.

§ 845.21 Prehearing conference.

(a) The chairman of the board of inquiry shall hold a prehearing conference with the parties to the hearing at a convenient time and place prior to the hearing. At such prehearing conference, the presiding officer shall advise the parties of the witnesses to be called at the hearing, the areas in which they will be examined, and the exhibits which will be offered in evidence.

(b) Parties shall submit at the prehearing conference copies of any additional documentary exhibits they desire to offer. (Copies of all exhibits proposed for admission by the board of inquiry and the parties shall be furnished to the board of inquiry and to all parties, insofar as available at that time.)

(c) A party who, at the time of the prehearing conference, fails to advise

the chairman of the board of inquiry of additional exhibits he intends to submit, or additional witnesses he desires to examine, shall be precluded from introducing such evidence unless the chairman of the board of inquiry determines for good cause shown that such evidence should be admitted.

§ 845.22 Sessions open to public.

(a) All hearings shall normally be open to the public (subject to the provision that any person present shall not be allowed at any time to interfere with the proper and the orderly function of the board of inquiry).

(b) Sessions shall not be open to the public when evidence of a classified nature or which affects national security is to be received.

§ 845.23 Examination of witnesses.

(a) Witnesses shall be initially examined by the board of inquiry or its staff. Following such examination, parties to the hearing shall be given the opportunity to examine such wit

nesses.

(b) Materiality, relevancy, and competency of witnesses' testimony, exhibits, or physical evidence shall not be the subject of objections in the legal sense by a party to the hearing or any other person. Such matters shall be controlled by rulings of the chairman of the board of inquiry on his own motion. If the examination of a witness by a party is interrupted by a ruling of the chairman of the board of inquiry, opportunity shall be given to show materiality, relevancy, or competency of the testimony or evidence sought to be elicited from the witness. § 845.24 Evidence.

The chairman of the board of inquiry shall receive all testimony and evidence which may be of aid in determining the cause of accident. He may exclude any testimony or exhibits which are not pertinent to the investigation or are merely cumulative, as well as testimony which a party is precluded from introducing by § 845.21(c), unless he determines that for good cause shown such testimony should be admitted.

§ 845.25 Recommendations by parties.

Any party may submit proposed conclusions and recommendations to be drawn from the testimony and exhibits submitted at the hearing. Such recommendations shall be submitted within the time specified by the presiding officer at the close of the hearing, and shall be made a part of the docket. Parties to the hearing shall serve copies of such recommendations on all other parties to the hearing.

§ 845.26 Stenographic transcript.

A verbatim report of the hearing shall be taken. Copies of the transcript may be obtained by any interested person from the Board or the court reporting firm preparing the transcript upon payment of the fees fixed therefor. (See Part 801, Appendix-Fee Schedule.)

[41 FR 39759, Sep. 16, 1976]

§ 845.27 Public docket.

The public docket shall include the transcript, exhibits, briefs, and all other pertinent information concerning the accident. A copy of the docket shall be made available to any person for review at the Washington office of the Board. Photographic copies of exhibits in the public docket may be obtained, upon payment of the cost of reproduction, from the Public Inquiries Section, Bureau of Administration, National Transportation Safety Board, Washington, D.C. 20594.

[40 FR 30254, July 17, 1975, as amended at 41 FR 39759, Sept. 16, 1976]

§ 845.28 Payment of witnesses.

Any witness subpoenaed to attend the hearing under this part shall be paid such fees for his travel and attendance as shall be certified by the chairman of the board of inquiry.