Conduct of Private Sessions

(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 pubic or other person authorized by the laws of the Commonwealth to administer oaths. (c) Testimony at a private session shallbe 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 staffof the Office if authorized by the Inspector General, the witness, counselfor 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 furnishevidence 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 ofwitnesses 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 ofthe 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. Counselfor 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 inthe 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.