Pennsylvania Code
Title 12 - COMMERCE, TRADE AND LOCAL GOVERNMENT
Part III - Business Financing
Subpart D - Minority Lending
Chapter 81 - MINORITY BUSINESS DEVELOPMENT AUTHORITY
Subchapter C - EXAMINATION AND INVESTIGATION OF LOANS
RIGHTS OF WITNESSES
Section 81.232 - Counsel for a witness

Universal Citation: 12 PA Code ยง 81.232

Current through Register Vol. 54, No. 44, November 2, 2024

Any witness may be accompanied, represented, and advised by counsel as follows:

(1) Counsel for a witness may advise his client, in confidence and upon the initiative of either himself or the witness, with respect to any question asked of his client, and, if the witness refuses to answer the question, then counsel may briefly state on the record if he has advised his client not to answer the question and the legal grounds for such refusal.

(2) When it is claimed that the testimony or evidence sought from a witness is outside the scope of the investigation or that the witness is privileged for reasons other than self-incrimination, which may only be asserted by the witness personally, to refuse to answer a question or to produce other evidence, counsel for the witness may object on the record to the question or requirement and may state briefly and precisely the grounds therefor.

(3) Any objections made under this section will be treated as continuing objections and preserved throughout the further course of the hearing without the necessity for repeating them as to any similar line of inquiry.

(4) Counsel for a witness may not, for any purpose or to any extent not allowed by paragraphs (1) and (2), interrupt the examination of a witness by making any objections or statements on the record.

(5) Following completion of the examination of a witness, counsel for the witness may, on the record, request the presiding member to permit the witness to clarify any of his answers which may need clarification in order that they may not be left equivocal or incomplete on the record. The granting or denial of such requests will be within the sole discretion of the presiding member.

(6) The presiding member will take all necessary action to regulate the course of the hearing to avoid delay and to prevent or restrain disorderly, dilitory, obstructionist, or contumacious conduct or contemptuous language.

(7) Objections made under this section will be disposed of by the presiding member and the rulings of the presiding member will be final.

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