[Code of Federal Regulations]
[Title 14, Volume 1]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 14CFR16.219]

[Page 99-100]
 
                     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.

[[Page 100]]

    (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.