109 

Federal Aviation Administration, DOT 

§ 16.223 

the prehearing conference report, for a 
subpoena to compel testimony at a 
hearing or to require the production of 
documents only from the following per-
sons: 

(1) Another party; 
(2) An officer, employee, or agent of 

another party; 

(3) Any other person named in the 

complaint as participating in or bene-
fiting from the actions of the respond-
ent alleged to have violated any Act; 

(4) An officer, employee, or agent of 

any other person named in the com-
plaint as participating in or benefiting 
from the actions of the respondent al-
leged to have violated any Act. 

(b) 

Issuance and service of subpoena. 

(1) The hearing officer issues the sub-
poena 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. 

(2) Subpoenas shall be served by per-

sonal service, or upon an agent des-
ignated in writing for the purpose, or 
by certified mail, return receipt ad-
dressed to such person or agent. When-
ever 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 sub-

poena. 

(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 sub-
poena 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 evi-
dence 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 sub-
poena pending a decision by the hear-
ing officer on the motion. 

§ 16.221

Witness fees. 

(a) The party on whose behalf a wit-

ness appears is responsible for paying 
any witness fees and mileage expenses. 

(b) Except for employees of the 

United States summoned to testify as 
to matters related to their public em-
ployment, witnesses summoned by sub-
poena shall be paid the same fees and 
mileage expenses as are paid to a wit-
ness in a court of the United States in 
comparable circumstances. 

§ 16.223

Evidence. 

(a) 

General. 

A party may submit di-

rect and rebuttal evidence in accord-
ance with this section. 

(b) 

Requirement for written testimony 

and evidence. 

Except in the case of evi-

dence obtained by subpoena, or in the 
case of a special ruling by the hearing 
officer to admit oral testimony, a par-
ty’s direct and rebuttal evidence shall 
be submitted in written form in ad-
vance of the oral hearing pursuant to 
the schedule established in the hearing 
officer’s prehearing conference report. 
Written direct and rebuttal fact testi-
mony shall be certified by the witness 
as true and correct. Subject to the 
same exception (for evidence obtained 
by subpoena or subject to a special rul-
ing by the hearing officer), oral exam-
ination of a party’s own witness is lim-
ited to certification of the accuracy of 
written evidence, including correction 
and updating, if necessary, and reexam-
ination following cross-examination by 
other parties. 

(c) 

Subpoenaed testimony. 

Testimony 

of witnesses appearing under subpoena 
may be obtained orally. 

(d) 

Cross-examination. 

A party may 

conduct cross-examination that may be 
required for disclosure of the facts, 
subject to control by the hearing offi-
cer for fairness, expedition and exclu-
sion of extraneous matters. 

(e) 

Hearsay evidence. 

Hearsay evi-

dence is admissible in proceedings gov-
erned by this part. The fact that evi-
dence is hearsay goes to the weight of 
evidence and does not affect its admis-
sibility. 

(f) 

Admission of evidence. 

The hearing 

officer admits evidence introduced by a 

VerDate Sep<11>2014 

12:50 Apr 30, 2019

Jkt 247046

PO 00000

Frm 00119

Fmt 8010

Sfmt 8010

Y:\SGML\247046.XXX

247046

spaschal on DSK3GDR082PROD with CFR