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14 CFR Ch. I (1–1–19 Edition)

§ 13.113

be considered as the time when service
is made.

diction throughout the United States
or any territory or possession thereof.

§ 13.113

Noncompliance with the in-

vestigative process.

If any person fails to comply with the

provisions of this subpart or with any
subpoena or order issued by the Pre-
siding Officer or the designee of the
Presiding Officer, judicial enforcement
may be initiated against that person
under applicable statutes.

§ 13.115

Public proceedings.

(a) All investigative proceedings and

depositions shall be public unless the
Presiding Officer determines that the
public interest requires otherwise.

(b) The Presiding Officer may order

information contained in any report or
document filed or in any testimony
given pursuant to this subpart with-
held from public disclosure when, in
the judgment of the Presiding Officer,
disclosure would adversely affect the
interests of any person and is not re-
quired in the public interest or is not
otherwise required by statute to be
made available to the public. Any per-
son may make written objection to the
public disclosure of such information,
stating the grounds for such objection.

§ 13.117

Conduct of investigative pro-

ceeding or deposition.

(a) The Presiding Officer or the des-

ignee of the Presiding Officer may
question witnesses.

(b) Any witness may be accompanied

by counsel.

counsel and either the party or counsel
may—

(1) Question witnesses, provided the

questions are relevant and material to
the matters under investigation and
would not unduly impede the progress
of the investigation; and

(2) Make objections on the record and

argue the basis for such objections.

(d) Copies of all notices or written

communications sent to a party or wit-
ness shall upon request be sent to that
person’s attorney of record.

§ 13.119

Rights of persons against self-

incrimination.

(a) Whenever a person refuses, on the

basis of a privilege against self-in-
crimination, to testify or provide other
information during the course of any
investigation conducted under this sub-
part, the Presiding Officer may, with
the approval of the Attorney General
of the United States, issue an order re-
quiring the person to give testimony or
provide other information. However, no
testimony or other information so
compelled (or any information directly
or indirectly derived from such testi-
mony or other information) may be
used against the person in any criminal
case, except in a prosecution for per-
jury, giving a false statement, or oth-
erwise failing to comply with the
order.

(b) The Presiding Officer may issue

an order under this section if—

(1) The testimony or other informa-

tion from the witness may be necessary
to the public interest; and

(2) The witness has refused or is like-

ly to refuse to testify or provide other
information on the basis of a privilege
against self-incrimination.

tion will not become effective until the
person has refused to testify or provide
other information on the basis of a
privilege against self-incrimination,
and an order under this section has
been issued. An order, however, may be
issued prospectively to become effec-
tive in the event of a claim of the
privilege.

§ 13.121

Witness fees.

All witnesses appearing shall be com-

pensated at the same rate as a witness
appearing before a United States Dis-
trict Court.

§ 13.123

Submission by party to the in-

vestigation.

(a) During an investigation con-

ducted under this subpart, a party may
submit to the Presiding Officer—

(1) A list of witnesses to be called,

specifying the subject matter of the ex-
pected testimony of each witness, and

(2) A list of exhibits to be considered

for inclusion in the record.

(b) If the Presiding Officer deter-

mines that the testimony of a witness

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