Page 15 - The GSE Report March-April 2018

TRUMP ADMINISTRATION MJARN.U-ARPYR.20210818
Rights Afforded to Witnesses
The Bureau’s Rules provide very few rights to witnesses and should be significantly revised. The Associations recommend that: (i) the Bureau allow a witness’ counsel to
make limited, appropriate objections or seek clarification where necessary; (ii) allow the witness’ counsel to ask clarifying questions upon completion of the Bureau’s questioning; (iii) prohibit questions from more than one questioner during the investigational hearings; and (iv) allow the institution’s counsel to attend the hearing where consent is granted by the witness and witness’ counsel.
“Meet and Confer” Process
Given the importance of the “meet and confer” process, the Associations recommend a number of enhancements. First, the Bureau should consider the entire scope of the CID— not just the individual request—when assessing whether a modification is needed. Second, the Associations recommend that the Bureau investigator make it a customary practice
to inform the CID recipient whether he or she will recommend to the Deputy Assistant Director of Enforcement that a modification be approved or denied. Finally, we recommend considering whether there are certain types of modification requests that the Bureau investigator, as opposed to the Deputy, can grant in order to provide more flexibility to the investigator and greater clarity to both sides.
Requirements for Responding to CIDs
The Associations believe that the Bureau should modify its certification requirements to allow certifications to be made to the best of the signator’s knowledge and after
a reasonable investigation. With respect to document submission standards, the Associations recommend providing greater flexibility for when native files are required.
Petitions to Modify or Set Aside CIDs
In order to improve the process of filing petitions to modify or set aside CIDs, the Associations make the following recommendations. First, the Rules should require Bureau investigators to serve petitioners with the same statement that is provided to the Director in response to a petition to modify or set aside a CID. Then, the petitioner should be allowed to file a short reply to any response within 7 days of receipt of the response. Second, the Bureau should discontinue the practice of making petitions and resulting orders public as this has led to a chilling effect in filing petitions. Finally, the Associations
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