Federal Aviation Administration, DOT

Section 13.111
Section 13.105

Section 13.85 Filing, service and computation
of time.
Filing and service of documents
under this subpart shall be accomplished in accordance with Section 13.43 except service of orders of immediate
compliance under Section 13.81(b); and the periods of time specified in this subpart
shall be computed in accordance with
Section 13.44.
Section 13.87 Extension of time.
(a) The official who issued the notice
of proposed order of compliance, for
good cause shown, may grant an extension of time to file any document specified in this subpart, except documents
to be filed with the Administrator.
(b) Extensions of time to file documents with the Administrator may be
granted by the Administrator upon
written request, served upon all parties, and for good cause shown.

Section 13.107 Designation of additional parties.
(a) The Presiding Officer may designate additional persons as parties to
the investigation, if in the discretion of
the Presiding Officer, it will aid in the
conduct of the investigation.
(b) The Presiding Officer may designate any person as a party to the investigation if that person - 
(1) Petitions the Presiding Officer to
participate as a party; and
(2) Is so situated that the disposition
of the investigation may as a practical
matter impair the ability to protect
that person-s interest unless allowed to
participate as a party, and
(3) Is not adequately represented by
existing parties.

Subpart F - Formal Fact-Finding Investigation Under an Order of
Investigation
Section 13.101 Applicability.
(a) This subpart applies to fact-finding investigations in which an order of
investigation has been issued under
Section 13.3(c) or Section 13.5(i) of this part.
(b) This subpart does not limit the
authority of duly designated persons to
issue subpoenas, administer oaths, examine witnesses and receive evidence
in any informal investigation as provided for in sections 313 and 1004(a) of
the Federal Aviation Act (49 U.S.C. 1354
and 1484(a)) and section 109(a) of the
Hazardous Materials Transportation
Act (49 U.S.C. 1808(a)).

spaschal on DSK3GDR082PROD with CFR

Notification.

Any person under investigation and
any person required to testify and
produce documentary or physical evidence during the investigation will be
advised of the purpose of the investigation, and of the place where the investigative proceeding or deposition will
be convened. This may be accomplished
by a notice of investigation or by a
subpoena. A copy of the order of investigation may be sent to such persons,
when appropriate.

Section 13.109

Convening the investigation.

The investigation shall be conducted
at such place or places designated by
the Presiding Officer, and as convenient to the parties involved as expeditious and efficient handling of the investigation permits.
Section 13.111

Subpoenas.

(a) Upon motion of the Presiding Officer, or upon the request of a party to
the investigation, the Presiding Officer
may issue a subpoena directing any
person to appear at a designated time
and place to testify or to produce documentary or physical evidence relating
to any matter under investigation.
(b) Subpoenas shall be served by personal service, or upon an agent designated in writing for the purpose, or
by registered or certified mail addressed to such person or agent. Whenever service is made by registered or
certified mail, the date of mailing shall

Section 13.103 Order of investigation.
The order of investigation - 
(a) Defines the scope of the investigation by describing the information
sought in terms of its subject matter
or its relevancy to specified FAA functions;
(b) Sets forth the form of the investigation which may be either by individual deposition or investigative proceeding or both; and
(c) Names the official who is authorized to conduct the investigation and
serve as the Presiding Officer.

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