[Code of Federal Regulations]
[Title 49, Volume 2]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR105.45]

[Page 11-12]
 
                        TITLE 49--TRANSPORTATION
 
 CHAPTER I--RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION, DEPARTMENT OF 
                             TRANSPORTATION
 
PART 105_HAZARDOUS MATERIALS PROGRAM DEFINITIONS AND GENERAL PROCEDURES--Table of Contents
 
                      Subpart B_General Procedures
 
Sec.  105.45  Issuing a subpoena.

    (a) Subpoenas explained. A subpoena is a document that may require 
you to attend a proceeding, produce documents or other physical evidence 
in your possession or control, or both. RSPA may issue a subpoena either 
on its initiative or at the request of someone participating in a 
proceeding. Anyone who requests that RSPA issue a subpoena must show 
that the subpoena seeks information that will materially advance the 
proceeding.
    (b) Attendance and mileage expenses.
    (1) If you receive a subpoena to attend a proceeding under this 
part, you may receive money to cover attendance and mileage expenses. 
The attendance and mileage fees will be the same as those paid to a 
witness in a proceeding in the district courts of the United States.
    (2) If RSPA issues a subpoena to you based upon a request, the 
requester must serve a copy of the original subpoena on you, as required 
in Sec.  105.50.

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The requester must also include attendance and mileage fees with the 
subpoena unless the requester asks RSPA to pay the attendance and 
mileage fees because of demonstrated financial hardship and RSPA agrees 
to do so.
    (3) If RSPA issues a subpoena at the request of an officer or agency 
of the Federal government, the officer or agency is not required to 
include attendance and mileage fees when serving the subpoena. The 
officer or agency must pay the fees before you leave the hearing at 
which you testify.