[Code of Federal Regulations]

[Title 14, Volume 4]

[Revised as of January 1, 2006]

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

[CITE: 14CFR302.25]



[Page 289-290]

 

                     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. 302.25  Subpoenas.



    (a) An application for a subpoena requiring the attendance of a 

witness at a hearing or the production of documentary evidence may be 

made without notice by any party to the administrative law judge or, in 

the event that an administrative law judge has not been assigned to a 

proceeding or is not available, to the DOT decisionmaker or the Chief 

Administrative Law Judge, for action.

    (b) An application for a subpoena shall be in duplicate except that 

if it is



[[Page 290]]



made during the course of a hearing, it may be made orally on the record 

with the consent of the administrative law judge.

    (c) All such applications, whether written or oral, shall contain a 

statement or showing of general relevance and reasonable scope of the 

evidence sought, and shall be accompanied by two copies of a draft of 

the subpoena sought that, in the case of evidence, shall describe the 

documentary or tangible evidence to be subpoenaed with as much 

particularity as is feasible, or, in the case of a witness, the name of 

the witness and a general description of the matters concerning which 

the witness will be asked to testify.

    (d) The administrative law judge or DOT decisionmaker considering 

any application for a subpoena shall issue the subpoena requested if the 

application complies with this section. No attempt shall be made to 

determine the admissibility of evidence in passing upon an application 

for a subpoena, and no detailed or burdensome showing shall be required 

as a condition to the issuance of a subpoena.

    (e) Where it appears during the course of a proceeding that the 

testimony of a witness or documentary evidence is relevant to the issues 

in a proceeding, the administrative law judge, Chief Administrative Law 

Judge or DOT decisionmaker may issue on his or her own initiative a 

subpoena requiring such witness to attend and testify or requiring the 

production of such documentary evidence.

    (f) Subpoenas issued under this section shall be served upon the 

person to whom directed in accordance with Sec. 302.7(b). Any person 

upon whom a subpoena is served may within seven (7) days after service 

or at any time prior to the return date thereof, whichever is earlier, 

file a motion to quash or modify the subpoena with the administrative 

law judge or, in the event an administrative law judge has not been 

assigned to a proceeding or is not available, to the DOT decisionmaker 

or the Chief Administrative Law Judge for action. If the person to whom 

the motion to modify or quash the subpoena has been addressed or 

directed, has not acted upon such a motion by the return date, such date 

shall be stayed pending his or her final action thereon. The DOT 

decisionmaker may at any time review, upon his or her own initiative, 

the ruling of an administrative law judge or the Chief Administrative 

Law Judge denying a motion to quash a subpoena. In such cases, the DOT 

decisionmaker may order that the return date of a subpoena be stayed 

pending action thereon.

    (g) The provisions of this section are not applicable to the 

attendance of DOT employees or the production of documentary evidence in 

the custody thereof at a hearing. The attendance of DOT employees and 

the production of documentary evidence in their custody are governed by 

49 CFR Parts 9 and 7, respectively.