[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: 14CFR305.12]



[Page 335-336]

 

                     TITLE 14--AERONAUTICS AND SPACE

 

   CHAPTER II--OFFICE OF THE SECRETARY, DEPARTMENT OF TRANSPORTATION 

                         (AVIATION PROCEEDINGS)

 

PART 305_RULES OF PRACTICE IN INFORMAL NONPUBLIC INVESTIGATIONS--Table 

of Contents

 

Sec. 305.12  Motions to quash or modify an investigation subpena.



    Any person upon whom an investigation subpena is served may, within 

seven (7) days after such service or at any time prior to the return 

date thereof, whichever is earlier, file a motion to quash or modify 

such subpena with the administrative law judge who issued such subpena, 

or in the event the administrative law judge is not available, with the 

chief administrative law judge for action by himself or herself or by 

the DOT decisionmaker. Such motions shall be made in writing in 

conformity with Rules 3 and 4 of the Rules of Practice (part 302 of this 

subchapter); shall state with particularity the grounds therefor and the 

relief sought; shall be accompanied by the evidence relied upon and all 

such factual matter shall be verified in accordance with the provisions 

of Rule 4(b) of the aforesaid Rules of Practice. Written memoranda or 

briefs may be filed with the motions, stating the points and authorities 

relied upon. No oral argument will be heard on such motions unless the 

chief administrative law judge, the administrative law judge or the DOT 

decisionmaker directs otherwise. A subpena will be quashed or modified 

if the evidence whose production is required is not reasonably relevant 

to the matter under investigation, or the demand made does not describe 

with sufficient particularity the information sought, or the subpena is 

unlawful or unduly burdensome. The filing of a motion to quash or modify 

an investigation subpena shall stay the return date of such subpena 

until such motion is granted or denied. 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



[[Page 336]]



judge denying a motion to quash a subpena. In such cases, the DOT 

decisionmaker may order that the return date of a subpena which he or 

she has elected to review be stayed pending DOT action thereon.



[Docket No. 82, 50 FR 2421, Jan. 16, 1985, as amended at 65 FR 6457, 

Feb. 9, 2000]