Code of Massachusetts Regulations › 945 CMR - OFFICE OF THE INSPECTOR GENERAL › Title 945 CMR 1.00 - Rules Of Procedure › Section 1.08 - Conduct of Private Sessions

Current through Register 1525, July 5, 2024
(1)
General
(a) Private
			 sessions shall be held to take the testimony of persons who are required to
			 attend and testify under oath or affirmation pursuant to
			 945 CMR
			 1.06(2)(a).
(b) The testimony of a witness at a private
			 session shall be taken under oath administered by a notary public or other
			 person authorized by the laws of the Commonwealth to administer
			 oaths.
(c) Testimony at a private
			 session shall be recorded by a stenographer employed or engaged by the Office
			 of the Inspector General.
(d)
			 Private sessions shall be governed by the same provisions as to secrecy that
			 govern proceedings of a grand jury. No person shall be allowed to be present
			 during a private session other than those persons designated to receive
			 testimony pursuant to
			 945 CMR
			 1.06(2)(e), other staff of
			 the Office if authorized by the Inspector General, the witness, counsel for the
			 witness, and stenographers or interpreters employed or engaged by the Office of
			 the Inspector General.
(e) Counsel
			 from the Office of the Inspector General designated to hear testimony at a
			 private session shall inform each witness, before the witness testifies, that
			 the witness has the right to exercise his privilege against self-incrimination
			 in response to any question.
(f) A
			 witness may be questioned by any person selected or approved by the Inspector
			 General Council to hear testimony or by any other employee of the Office
			 designated by the Inspector General.
(g) A witness shall have the right to be
			 represented at a private session by counsel of his choice. Counsel shall file a
			 written notice of appearance with the Office before representing a witness at a
			 private session.
(h) Failure to
			 obtain counsel or to have counsel present at a hearing will not excuse a
			 witness from attending or testifying in response to a summons issued under
			 945 CMR
			 1.06(2)(a), unless the
			 witness shows that he has made a good faith effort to obtain counsel and to
			 have counsel present and has been unable to do so for reasons beyond the
			 witness's control, and the witness promptly notifies the Inspector General or
			 other person designated to hear testimony at the private session of his
			 inability to obtain counsel or to have counsel present at the private
			 session.
(i) The witness shall be
			 notified that he has a constitutional right not to furnish evidence or answer
			 questions which may tend to incriminate him. If a witness claims the privilege,
			 he shall not be required to answer the question at that time.
(j) The examination of witnesses pursuant to
			 summons shall be governed by the same provisions which govern proceedings of a
			 grand jury.
(k) Counsel for the
			 witness shall not be permitted to examine or cross-examine the witness, but the
			 witness shall have the right to consult with counsel.
(l) At the close of his testimony, a witness
			 may make a closing statement. A witness may be asked additional questions after
			 his closing statement. As provided in
			 945 CMR 1.06(2)(k)
			  a witness may, in addition, file a sworn
			 statement for inclusion in the record of the private session.
(m) Complete transcripts shall be prepared of
			 all testimony taken at a private session. The transcript of a witness's
			 testimony shall be made available to the witness for inspection at the Office
			 of the Inspector General. The witness may obtain a copy of the transcript at
			 cost from the Office or directly from the stenographer.
(n) The witness or counsel for the witness
			 shall be notified by the Office when a transcript of testimony is available.
			 The witness shall have ten days (excluding Saturdays, Sundays and legal
			 holidays) to indicate to the Office any inaccuracies in the transcript. Counsel
			 for the Office of the Inspector General, in his discretion, may agree to
			 correct the transcript as requested. If counsel fails or refuses to change the
			 transcript, the witness's proposed list of inaccuracies shall be appended to
			 the transcript.
(o) Transcripts of
			 testimony taken at a private session shall be kept confidential subject to the
			 same provisions with reference to secrecy which govern grand jury proceedings.
			 Disclosure of such testimony may be made to members of the staff of the Office
			 of the Inspector General if necessary to assist the Inspector General in the
			 performance of his duties. Unauthorized disclosure of testimony taken at a
			 private session shall be subject to criminal penalties pursuant to St. 1980, c.
			 388, § 2.