[Code of Federal Regulations]
[Title 49, Volume 5]
[Revised as of October 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR386.53]

[Page 274]
 
                        TITLE 49--TRANSPORTATION
 
                      DEPARTMENT OF TRANSPORTATION
 
PART 386_RULES OF PRACTICE FOR MOTOR CARRIER, BROKER, FREIGHT FORWARDER, 
AND HAZARDOUS MATERIALS PROCEEDINGS--Table of Contents
 
                  Subpart D_General Rules and Hearings
 
Sec.  386.53  Subpoenas, witness fees.

    (a) Applications for the issuance of subpoenas must be submitted to 
the Assistant Administrator, or in cases that have been called for a 
hearing, to the administrative law judge. The application must show the 
general relevance and reasonable scope of the evidence sought. Any 
person served with a subpoena may, within 7 days after service, file a 
motion to quash or modify. The motion must be filed with the official 
who approved the subpoena. The filing of a motion shall stay the effect 
of the subpoena until a decision is reached.
    (b) Witnesses shall be entitled to the same fees and mileage as are 
paid witnesses in the courts of the United States. The fees shall be 
paid by the party at whose instance the witness is subpoenaed or 
appears.
    (c) Paragraph (a) of this section shall not apply to the 
Administrator or employees of the FMCSA or to the production of 
documents in their custody. Applications for the attendance of such 
persons or the production of such documents at a hearing shall be made 
to the Assistant Administrator or administrative law judge, if one is 
appointed, and shall set forth the need for such evidence and its 
relevancy.