[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: 14CFR302.27]



[Page 292]

 

                     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. 302.27  Rights of witnesses; attendance fees and mileage.



    (a) Any person appearing as a witness in any proceeding governed by 

this part, whether in response to a subpoena or by request or permission 

of the Department, may be accompanied, represented, and advised by 

counsel and may be examined by that counsel after other questioning.

    (b) Any person who submits data or evidence in a proceeding governed 

by this part, whether in response to a subpoena or by request or 

permission of the Department, may retain, or, on payment of lawfully 

prescribed costs, procure, a copy of any document so submitted or a copy 

of any transcript made of such testimony.

    (c) No person whose attendance at a hearing or whose deposition is 

to be taken shall be obliged to respond to a subpoena unless upon a 

service of the subpoena he or she is tendered attendance fees and 

mileage by the party at whose instance he or she is called in accordance 

with the requirements of paragraphs (c)(1) and (2) of this section; 

Provided, That a witness summoned at the instance of the Department or 

one of its employees, or a salaried employee of the United States 

summoned to testify as to matters related to his or her public 

employment, need not be tendered such fees or mileage at that time.

    (1) Witnesses who are not salaried employees of the United States, 

or such employees summoned to testify on matters not related to their 

public employment, shall be paid the same per diem, subsistence, and 

mileage fees paid to witnesses for like service in the courts of the 

United States that are in effect at the time of travel; Provided, That 

no employee, officer, or attorney of an air carrier who travels under 

the free or reduced rate provisions of section 41511 of the Statute 

shall be entitled to any fees or mileage; And provided further, That 

such fees and mileage shall not be applicable for witnesses summoned to 

testify in Alaska, and that, in Alaska, where permitted by section 41511 

of the Statute, the witness may, at his or her option, accept a pass for 

travel by air. Such witnesses shall be furnished appropriate forms and 

instructions for the submission of claims for attendance fees, 

subsistence, and mileage from the Government before the close of the 

proceedings that they are required to attend. Only persons summoned by 

subpoena shall be entitled to claim attendance fees, subsistence, or 

mileage from the Government.

    (2) Witnesses who are salaried employees of the United States and 

who are summoned to testify on matters relating to their public 

employment, irrespective of at whose instance they are summoned, shall 

be paid in accordance with applicable Government regulations.