[Code of Federal Regulations]
[Title 14, Volume 4]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 14CFR302.27]

[Page 295]
 
                     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. 302.27  Rights of witnesses; attendance fees and mileage.

    (a) Any person appearing as a witness in any proceeding governed by 
this part, whether in response to a subpoena or by request or permission 
of the Department, may be accompanied, represented, and advised by 
counsel and may be examined by that counsel after other questioning.
    (b) Any person who submits data or evidence in a proceeding governed 
by this part, whether in response to a subpoena or by request or 
permission of the Department, may retain, or, on payment of lawfully 
prescribed costs, procure, a copy of any document so submitted or a copy 
of any transcript made of such testimony.
    (c) No person whose attendance at a hearing or whose deposition is 
to be taken shall be obliged to respond to a subpoena unless upon a 
service of the subpoena he or she is tendered attendance fees and 
mileage by the party at whose instance he or she is called in accordance 
with the requirements of paragraphs (c)(1) and (2) of this section; 
Provided, That a witness summoned at the instance of the Department or 
one of its employees, or a salaried employee of the United States 
summoned to testify as to matters related to his or her public 
employment, need not be tendered such fees or mileage at that time.
    (1) Witnesses who are not salaried employees of the United States, 
or such employees summoned to testify on matters not related to their 
public employment, shall be paid the same per diem, subsistence, and 
mileage fees paid to witnesses for like service in the courts of the 
United States that are in effect at the time of travel; Provided, That 
no employee, officer, or attorney of an air carrier who travels under 
the free or reduced rate provisions of section 41511 of the Statute 
shall be entitled to any fees or mileage; And provided further, That 
such fees and mileage shall not be applicable for witnesses summoned to 
testify in Alaska, and that, in Alaska, where permitted by section 41511 
of the Statute, the witness may, at his or her option, accept a pass for 
travel by air. Such witnesses shall be furnished appropriate forms and 
instructions for the submission of claims for attendance fees, 
subsistence, and mileage from the Government before the close of the 
proceedings that they are required to attend. Only persons summoned by 
subpoena shall be entitled to claim attendance fees, subsistence, or 
mileage from the Government.
    (2) Witnesses who are salaried employees of the United States and 
who are summoned to testify on matters relating to their public 
employment, irrespective of at whose instance they are summoned, shall 
be paid in accordance with applicable Government regulations.