spaschal on DSK3GDR082PROD with CFR

Federal Aviation Administration, DOT

Section 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 persons:
(1) Another party;
(2) An officer, employee, or agent of
another party;
(3) Any other person named in the
complaint as participating in or benefiting from the actions of the respondent alleged to have violated any Act;
(4) An officer, employee, or agent of
any other person named in the complaint as participating in or benefiting
from the actions of the respondent alleged to have violated any Act.
(b) Issuance and service of subpoena.
(1) The hearing officer issues the subpoena 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 personal service, or upon an agent designated in writing for the purpose, or
by certified mail, return receipt addressed to such person or agent. Whenever 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 subpoena. (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 subpoena 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 evidence 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 subpoena pending a decision by the hearing officer on the motion.

Section 16.221

Witness fees.

(a) The party on whose behalf a witness 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 employment, witnesses summoned by subpoena shall be paid the same fees and
mileage expenses as are paid to a witness in a court of the United States in
comparable circumstances.
Section 16.223

Evidence.

(a) General. A party may submit direct and rebuttal evidence in accordance with this section.
(b) Requirement for written testimony
and evidence. Except in the case of evidence obtained by subpoena, or in the
case of a special ruling by the hearing
officer to admit oral testimony, a party-s direct and rebuttal evidence shall
be submitted in written form in advance of the oral hearing pursuant to
the schedule established in the hearing
officer-s prehearing conference report.
Written direct and rebuttal fact testimony 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 ruling by the hearing officer), oral examination of a party-s own witness is limited to certification of the accuracy of
written evidence, including correction
and updating, if necessary, and reexamination 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 officer for fairness, expedition and exclusion of extraneous matters.
(e) Hearsay evidence. Hearsay evidence is admissible in proceedings governed by this part. The fact that evidence is hearsay goes to the weight of
evidence and does not affect its admissibility.
(f) Admission of evidence. The hearing
officer admits evidence introduced by a

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