---
kind: "section"
citation: "49 C.F.R. § 511.39"
title: "49"
number: "511.39"
heading: "Orders requiring witnesses to testify or provide other information and granting immunity."
url: "https://uscodex.org/cfr/49/511.39"
---

# §511.39. Orders requiring witnesses to testify or provide other information and granting immunity.

- (a) A party who desires the issuance of an order requiring a witness to testify or provide other information upon being granted immunity from prosecution under [title 18](/cfr/18.md), U.S.C., [section 6002](/cfr/49/6002.md), may make a motion to that effect. The motion shall be made and ruled on in accordance with [§ 511.22](/cfr/49/511.22.md), and shall include a showing:
  - (1) That the testimony or other information sought from a witness or prospective witness may be necessary to the public interest; and
  - (2) That such individual has refused or is likely to refuse to testify or provide such information on the basis of that individual's privilege against self-incrimination.
- (b) If the Presiding Officer determines that the witness' testimony appears necessary and that the privilege against self-incrimination may be invoked, he or she may certify to the Administrator a request that he or she obtain the approval of the Attorney General of the United States for the issuance of an order granting immunity.
- (c) Upon application to and approval of the Attorney General of the United States, and after the witness has invoked the privilege against self-incrimination, the Presiding Officer shall issue the order granting immunity unless he or she determines that the privilege was improperly invoked.
- (d) Failure of a witness to testify after a grant of immunity or after a denial of the issuance of an order granting immunity shall result in the imposition of appropriate sanctions as provided in [§ 511.37](/cfr/49/511.37.md).

## Notes

### Authority

Authority: 15 U.S.C. 2002; delegation of authority at 49 CFR 1.50.

### Source

Source: 45 FR 81578, Dec. 11, 1980, unless otherwise noted.