[Code of Federal Regulations]
[Title 14, Volume 1]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 14CFR16.219]

[Page 93]
 
                     TITLE 14--AERONAUTICS AND SPACE
 
CHAPTER I--FEDERAL AVIATION ADMINISTRATION, DEPARTMENT OF TRANSPORTATION
 
PART 16--RULES OF PRACTICE FOR FEDERALLY-ASSISTED AIRPORT ENFORCEMENT PROCEEDINGS--Table of Contents
 
                           Subpart F--Hearings
 
Sec. 16.219  Subpoenas.

    (a) Request for subpoena. A party may apply to the hearing officer, 
within the time specified for such applications in the prehearing 
conference report, for a subpoena to compel testimony at a hearing or to 
require the production of documents only from the following persons:
    (1) Another party;
    (2) An officer, employee, or agent of another party;
    (3) Any other person named in the complaint as participating in or 
benefiting from the actions of the respondent alleged to have violated 
any Act;
    (4) An officer, employee, or agent of any other person named in the 
complaint as participating in or benefiting from the actions of the 
respondent alleged to have violated any Act.
    (b) Issuance and service of subpoena.
    (1) The hearing officer issues the subpoena if the hearing officer 
determines that the evidence to be obtained by the subpoena is relevant 
and material to the resolution of the issues in the case.
    (2) Subpoenas shall be served by personal service, or upon an agent 
designated in writing for the purpose, or by certified mail, return 
receipt addressed to such person or agent. Whenever service is made by 
registered or certified mail, the date of mailing shall be considered as 
the time when service is made.
    (3) A subpoena issued under this part is effective throughout the 
United States or any territory or possession thereof.
    (c) Motions to quash or modify subpoena.
    (1) A party or any person upon whom a subpoena has been served may 
file a motion to quash or modify the subpoena with the hearing officer 
at or before the time specified in the subpoena for the filing of such 
motions. The applicant shall describe in detail the basis for the 
application to quash or modify the subpoena including, but not limited 
to, a statement that the testimony, document, or tangible evidence is 
not relevant to the proceeding, that the subpoena is not reasonably 
tailored to the scope of the proceeding, or that the subpoena is 
unreasonable and oppressive.
    (2) A motion to quash or modify the subpoena stays the effect of the 
subpoena pending a decision by the hearing officer on the motion.