[Code of Federal Regulations]

[Title 14, Volume 1]

[Revised as of January 1, 2006]

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

[CITE: 14CFR16.219]



[Page 97]

 

                     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.