Section 13.113

14 CFR Ch. I (1-1-19 Edition)

be considered as the time when service
is made.
(c) Subpoenas shall extend in jurisdiction throughout the United States
or any territory or possession thereof.

Section 13.119 Rights of persons against selfincrimination.
(a) Whenever a person refuses, on the
basis of a privilege against self-incrimination, to testify or provide other
information during the course of any
investigation conducted under this subpart, the Presiding Officer may, with
the approval of the Attorney General
of the United States, issue an order requiring 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 testimony or other information) may be
used against the person in any criminal
case, except in a prosecution for perjury, giving a false statement, or otherwise failing to comply with the
order.
(b) The Presiding Officer may issue
an order under this section if - 
(1) The testimony or other information from the witness may be necessary
to the public interest; and
(2) The witness has refused or is likely to refuse to testify or provide other
information on the basis of a privilege
against self-incrimination.
(c) Immunity provided by this section 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 effective in the event of a claim of the
privilege.

Section 13.113 Noncompliance with the investigative process.
If any person fails to comply with the
provisions of this subpart or with any
subpoena or order issued by the Presiding Officer or the designee of the
Presiding Officer, judicial enforcement
may be initiated against that person
under applicable statutes.
Section 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 withheld from public disclosure when, in
the judgment of the Presiding Officer,
disclosure would adversely affect the
interests of any person and is not required in the public interest or is not
otherwise required by statute to be
made available to the public. Any person may make written objection to the
public disclosure of such information,
stating the grounds for such objection.

spaschal on DSK3GDR082PROD with CFR

Section 13.117 Conduct of investigative proceeding or deposition.
(a) The Presiding Officer or the designee of the Presiding Officer may
question witnesses.
(b) Any witness may be accompanied
by counsel.
(c) Any party may be accompanied by
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 witness shall upon request be sent to that
person-s attorney of record.

Section 13.121 Witness fees.
All witnesses appearing shall be compensated at the same rate as a witness
appearing before a United States District Court.
Section 13.123 Submission by party to the investigation.
(a) During an investigation conducted 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 expected testimony of each witness, and
(2) A list of exhibits to be considered
for inclusion in the record.
(b) If the Presiding Officer determines that the testimony of a witness

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