[Code of Federal Regulations]
[Title 49, Volume 6]
[Revised as of October 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR511.38]

[Page 48]
 
                        TITLE 49--TRANSPORTATION
 
                   CHAPTER V--NATIONAL HIGHWAY TRAFFIC
                    SAFETY ADMINISTRATION, DEPARTMENT
                            OF TRANSPORTATION
 
PART 511_ADJUDICATIVE PROCEDURES--Table of Contents
 
                 Subpart D_Discovery; Compulsory Process
 
Sec.  511.38  Subpoenas.

    (a) Availability. A subpoena shall be addressed to any party or any 
person not a party for the purpose of compelling attendance, testimony 
and production of documents at a hearing or oral examination.
    (b) Form. A subpoena shall identify the action with which it is 
connected; shall specify the person to whom it is addressed and the 
date, time and place for compliance with its provisions; and shall be 
issued by order of the Presiding Officer and signed by the Chief 
Counsel, or by the Presiding Officer. A subpoena duces tecum shall 
specify the books, papers, documents, or other materials or data-
compilations to be produced.
    (c) How obtained--(1) Content of application. An application for the 
issuance of a subpoena stating reasons shall be submitted in triplicate 
to the Presiding Officer.
    (2) Procedure of application. The original and two copies of the 
subpoena, marked ``original,'' ``duplicate'' and ``triplicate,'' shall 
accompany the application. The Presiding Officer shall rule upon an 
application for a subpoena ex parte, by issuing the subpoena or by 
issuing an order denying the application.
    (d) Issuance of a subpoena. The Presiding Officer shall issue a 
subpoena by signing and dating, or ordering the Chief Counsel to sign 
and date, each copy in the lower right-hand corner of the document. The 
``duplicate'' and ``triplicate'' copies of the subpoena shall be 
transmitted to the applicant for service in accordance with these Rules; 
the ``original'' copy shall be retained by or forwarded to the Chief 
Counsel for retention in the docket of the proceeding.
    (e) Service of a subpoena. A subpoena may be served in person or by 
certified mail, return receipt requested, as provided in Sec.  
511.16(b). Service shall be made by delivery of the signed ``duplicate'' 
copy to the person named therein.
    (f) Return of service. A person serving a subpoena shall promptly 
execute a return of service, stating the date, time, and manner of 
service. If service is effected by mail, the signed return receipt shall 
accompany the return of service. In case of failure to make service, a 
statement of the reasons for the failure shall be made. The 
``triplicate'' of the subpoena, bearing or accompanied by the return of 
service, shall be returned forthwith to the Chief Counsel after service 
has been completed.
    (g) Motion to quash or limit subpoena. Within five (5) days of 
receipt of a subpoena, the person against whom it is directed may file 
with the Presiding Officer a motion to quash, modify, or limit the 
subpoena, setting forth the reasons why the subpoena should be withdrawn 
or why it should be modified or limited in scope. Any such motion shall 
be answered within five (5) days of service, and shall be ruled on 
immediately thereafter. The order shall specify the date, if any, for 
compliance with the specifications of the subpoena and the reasons for 
the decision.
    (h) Consequences of failure to comply. In the event of failure to 
comply with a subpoena, the Presiding Officer may take any of the 
actions enumerated in Sec.  511.37 or may order any other appropriate 
relief to compensate for the withheld testimony, documents, or other 
materials. If in the opinon of the Presiding Officer such relief is 
insufficient, the Presiding Officer shall certify to the Administrator a 
request for judicial enforcement of the subpoena.

[45 FR 81578, Dec. 11, 1980, as amended at 53 FR 26261, July 12, 1988]