[Code of Federal Regulations]
[Title 14, Volume 4]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 14CFR302.25]

[Page 287-288]
 
                     TITLE 14--AERONAUTICS AND SPACE
 
   CHAPTER II--OFFICE OF THE SECRETARY, DEPARTMENT OF TRANSPORTATION 
                         (AVIATION PROCEEDINGS)
 
PART 302--RULES OF PRACTICE IN PROCEEDINGS--Table of Contents
 
                Subpart A--Rules of General Applicability
 
Sec. 302.25  Subpoenas.

    (a) An application for a subpoena requiring the attendance of a 
witness at a hearing or the production of documentary evidence may be 
made without notice by any party to the administrative law judge or, in 
the event that an administrative law judge has not been assigned to a 
proceeding or is not available, to the DOT decisionmaker or the Chief 
Administrative Law Judge, for action.
    (b) An application for a subpoena shall be in duplicate except that 
if it is

[[Page 288]]

made during the course of a hearing, it may be made orally on the record 
with the consent of the administrative law judge.
    (c) All such applications, whether written or oral, shall contain a 
statement or showing of general relevance and reasonable scope of the 
evidence sought, and shall be accompanied by two copies of a draft of 
the subpoena sought that, in the case of evidence, shall describe the 
documentary or tangible evidence to be subpoenaed with as much 
particularity as is feasible, or, in the case of a witness, the name of 
the witness and a general description of the matters concerning which 
the witness will be asked to testify.
    (d) The administrative law judge or DOT decisionmaker considering 
any application for a subpoena shall issue the subpoena requested if the 
application complies with this section. No attempt shall be made to 
determine the admissibility of evidence in passing upon an application 
for a subpoena, and no detailed or burdensome showing shall be required 
as a condition to the issuance of a subpoena.
    (e) Where it appears during the course of a proceeding that the 
testimony of a witness or documentary evidence is relevant to the issues 
in a proceeding, the administrative law judge, Chief Administrative Law 
Judge or DOT decisionmaker may issue on his or her own initiative a 
subpoena requiring such witness to attend and testify or requiring the 
production of such documentary evidence.
    (f) Subpoenas issued under this section shall be served upon the 
person to whom directed in accordance with Sec. 302.7(b). Any person 
upon whom a subpoena is served may within seven (7) days after service 
or at any time prior to the return date thereof, whichever is earlier, 
file a motion to quash or modify the subpoena with the administrative 
law judge or, in the event an administrative law judge has not been 
assigned to a proceeding or is not available, to the DOT decisionmaker 
or the Chief Administrative Law Judge for action. If the person to whom 
the motion to modify or quash the subpoena has been addressed or 
directed, has not acted upon such a motion by the return date, such date 
shall be stayed pending his or her final action thereon. The DOT 
decisionmaker may at any time review, upon his or her own initiative, 
the ruling of an administrative law judge or the Chief Administrative 
Law Judge denying a motion to quash a subpoena. In such cases, the DOT 
decisionmaker may order that the return date of a subpoena be stayed 
pending action thereon.
    (g) The provisions of this section are not applicable to the 
attendance of DOT employees or the production of documentary evidence in 
the custody thereof at a hearing. The attendance of DOT employees and 
the production of documentary evidence in their custody are governed by 
49 CFR Parts 9 and 7, respectively.