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such accidents or incidents. Under no circumstances are
aviation investigations where the portion of the investigation
is so delegated to the FAA by the Board considered
to be joint investigations in the sense of sharing
responsibility. These investigations remain NTSB investigations.
Nature of investigation
The results of investigations are used to ascertain measures
that would best tend to prevent similar accidents or
incidents in the future. The investigation includes the
field investigation (on-scene at the accident, testing,
teardown, etc.), report preparation, and, where ordered,
a public hearing. The investigation results in Board
conclusions issued in the form of a report or ``brief'' of
the incident or accident. Accident/incident investigations
are fact-finding proceedings with no formal issues
and no adverse parties. They are not subject to the provisions
of the Administrative Procedure Act, and are
not conducted for the purpose of determining the rights
or liabilities of any person.
Priority of Board Investigations
The NTSB uses its own criteria to select which accidents
or incidents it chooses to investigate based on
current emphasis issues or heightened public interest.
Regardless of who does the investigation, the NTSB
retains the final authority on reporting, classification,
and determination of the probable cause.
Aircraft Accident Investigation 7
Right to Representation
Any person interviewed by an authorized representative
of the Board during the investigation, regardless of the
form of the interview (sworn, un-sworn, transcribed,
not transcribed, etc.), has the right to be accompanied,
represented, or advised by an attorney or non-attorney
representative.
Autopsies
The Board is authorized to obtain, with or without reimbursement,
a copy of the report of autopsy performed
by State or local officials on any person who dies as a
result of having been involved in a transportation accident
within the jurisdiction of the Board. The investigator-
in-charge, on behalf of the Board, may order an
autopsy or seek other tests of such persons as may be
necessary to the investigation, provided that to the extent
consistent with the needs of the accident investigation,
provisions of local law protecting religious beliefs
with respect to autopsies shall be observed.
Parties to the Investigation
The investigator-in-charge designates parties to participate
in the investigation. Parties shall be limited to
those persons, government agencies, companies, and
associations whose employees, functions, activities, or
products were involved in the accident or incident and
who can provide suitable qualified technical personnel
actively to assist in the investigation. Other than the
FAA in aviation cases, no other entity is afforded the
right to participate in Board investigations.
Access to wreckage, mail, records, and cargo
Only the Board's accident investigation personnel, and
persons authorized by the investigator-in-charge to participate
in any particular investigation, examination or
testing shall be permitted access to wreckage, records,
mail, or cargo in the Board's custody.
Release of Information
Release of information during the field investigation,
particularly at the accident scene, shall be limited to
factual developments, and shall be made only through
the Board Member present at the accident scene, the
representative of the Board's Office of Public Affairs,
or the investigator-in-charge.
Proposed Findings
Any person, government agency, company, or association
whose employees, functions, activities, or products
were involved in an accident or incident under investigation
may submit to the Board written proposed findings
to be drawn from the evidence produced during the
course of the investigation, a proposed probable cause,
and/or proposed safety recommendations designed to
prevent future accidents.
Rules for Hearings and Reports
Nature of Hearing
Transportation accident hearings are convened to assist
the Board in determining cause or probable cause of an
accident, in reporting the facts, conditions, and circumstances
of the accident, and in ascertaining measures
which will tend to prevent accidents and promote transportation
safety. Such hearings are fact-finding proceedings
with no formal issues and no adverse parties
and are not subject to the provisions of the Administrative
Procedure Act
Sessions Open to the Public
All hearings shall normally be open to the public
(subject to the provision that any person present shall
　
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