[Code of Federal Regulations]
[Title 14, Volume 1]
[Revised as of January 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 14CFR13.57]

[Page 45-46]
 
                     TITLE 14--AERONAUTICS AND SPACE
 
CHAPTER I--FEDERAL AVIATION ADMINISTRATION, DEPARTMENT OF TRANSPORTATION
 
PART 13--INVESTIGATIVE AND ENFORCEMENT PROCEDURES--Table of Contents
 
              Subpart D--Rules of Practice for FAA Hearings
 
Sec. 13.57  Subpoenas and witness fees.

    (a) The Hearing Officer to whom a case is assigned may, upon 
application by any party to the proceeding, issue subpoenas requiring 
the attendance of witnesses or the production of documentary or tangible 
evidence at a hearing or for the purpose of taking depositions. However, 
the application for producing evidence must show its general relevance 
and reasonable scope. This paragraph does not apply to the attendance of 
FAA employees or to the production of documentary evidence in the 
custody of such an employee at a hearing.
    (b) A person who applies for the production of a document in the 
custody of an FAA employee must follow the procedure in Sec. 13.49(f). A 
person who applies for the attendance of an FAA employee must send the 
application, in writing, to the Hearing Officer setting forth the need 
for that employee's attendance.
    (c) A witness in a proceeding under this subpart is entitled to the 
same

[[Page 46]]

fees and mileage as is paid to a witness in a court of the United States 
under comparable circumstances. The party at whose instance the witness 
is subpoenaed or appears shall pay the witness fees.
    (d) Notwithstanding the provisions of paragraph (c) of this section, 
the FAA pays the witness fees and mileage if the Hearing Officer who 
issued the subpoena determines, on the basis of a written request and 
good cause shown, that--
    (1) The presence of the witness will materially advance the 
proceeding; and
    (2) The party at whose instance the witness is subpoenaed would 
suffer a serious hardship if required to pay the witness fees and 
mileage.