[Code of Federal Regulations]

[Title 49, Volume 2]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 49CFR105.45]



[Page 11-12]

 

                        TITLE 49--TRANSPORTATION

 

   CHAPTER I--PIPELINE AND HAZARDOUS MATERIALS SAFETY 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. PHMSA may issue a subpoena 

either on its initiative or at the request of someone participating in a 

proceeding. Anyone who requests that PHMSA issue a subpoena must show 

that the subpoena seeks information that will materially advance the 

proceeding.



[[Page 12]]



    (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 PHMSA 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. The requester must also include attendance and mileage 

fees with the subpoena unless the requester asks PHMSA to pay the 

attendance and mileage fees because of demonstrated financial hardship 

and PHMSA agrees to do so.

    (3) If PHMSA 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.